The Debt Book, Chapter 5
CHAP. 5. Of Debts to the Miniſter of the Goſpell.
ANother debt impoſed by humane Ordinance pertaineth to the Miniſter, as Tythes and other penſions in the right of the Church. Theſe I cal, impoſed by humane Lawes, not as wauing the claime by Diuine right (till I bee otherwiſe inſtructed then yet I am): For, if Tythes were due to the Prieſt of the moſt high God *Gen. 14. 20 Gen. 28. 22.paid by Abram; if vowed by Iacob, before the Law giuen in mount Horeb; if they were due vnderunder the Lawe, to the Prieſts and Leuites, by diuine right for the ſeruice of the Tabernacle; If a maintenance bee due to the miniſters of the Goſpell, as the Apoſtle pleadeth purpoſely, 1. Cor. 9. from verſe 7. to the 15. & Gal. 6. 6, 7. If God hauehave ordained, that they who preach the Goſpell ſhould liue of the Goſpell, and that hee who is taught in the word ſhould communicate vntounto him of whō he is taught in all good things: then ſurely I ſee not, but that tythes at leaſt, or ſome better thing, ſhould be due to the Miniſter of the Goſpell by Diuine Ordinance; and that thoſe who take them from vsus, ſhould giuegive vsus a better thing, as thoſe who vnderunder the Law had a mind to redeeme their tythe, were bound to ad to the price eueryevery *Leuit. 27. 31.fift pennie aboue the true value. But I make it not my taske to diſpute this queſtion, my betters hauehave done it lately and worthily. I here conſider tythes, and other portions of the Miniſters maintenance as a legall debt due by a double right. Firſt, the faithfull labourer in the Lords harueſt is worthie his wage, ex debito, not ex gratia, by debt, not by curteſie; though he be 2. Cor. 3. 7, 8, 9.but an earthen veſſell, yet his treaſure is verie precious, and his Miniſterie much more excellent then that of the Law.
Secondly, that hee ought to hauehave the tythes in kind by vertue of the poſitiue Law of our kingdome, moſt agreeable and conſonant to the Originall Law of God, *Epheſ. 4, 12in lew of his ſeruice for the gathering of the Saints, and for the edifying of the body of Chriſt by the Miniſterie of the Goſpell; ſo that it is not a meere Legall but a Morall debt, as I noted of that to the Magiſtrate out of Aquinas. A mixt debt, ſo let me call it, becauſe the ſeruice is holy, and the things miniſtred are ſpiritual, though the recompence bee temporall goods or money. I need not cite the words of the *Henry 8. an. 27. and 32 Edw. 6. an. 2. cap. 3.Statute, the practiſe is paiment, vnderunder paine of triple damage, euen in Impropriations, where the worke is not done by him that takes the wages. What then can bee alleadged why this debt ſhould not bee paid? So aſſigned by God, who holds his work-man *Luk. 10. 7.worthy his wages, as well in the New Teſtament as in the Old; ſo confirmed by Law, proportioned to the *Numb. 18. 21, 22. 24. &c.authenticall patterne; ſo dearely earned by the continuall paines of the faithfull Paſtors, who hauehave the moſt dreadfull charge of Soules. I ſpeak not for Improprietaries, they will be ſure to ſhift for themſelues. I put the caſe with all the fauour that may be, yet not otherwiſe then ſtands with the truth in many places.
That which they anſwere for non-paiment of this debt, is, that they owe vsus no ſuch matter; for Debitum est quod iure ab inuito exigi poteſt: That is a debt which may lawfully be required of a man againſt his will; but this cannot ſo be exacted ſay they: for their land is Abby-land, and conſequently exempted as was the Abby; or their land is freed by compoſition, preſcription or cuſtome: and for theſe they will ſtand, tanquam pro aris & focis, as for their altars and their houſes, indeed againſt their altars and houſes of God, To whom I ſay not any thing to plead for the belly, as they ſuppoſe: If I had the tongue of the eloquent and learned, their bellies would hauehave no eares to giuegive mee audience in ſuch an Argument; I ſpeake onelyonly for diſcharge of my owne conſcience, in ſeruice of the truth, and to cleere my ſelfe for euer from conſenting vntounto ſacriledge in any man, or matter.
Firſt, their land is Abbey-land, belonging Places exempt.to ſuch a Monaſtery before the diſſolution; ſo let it bee, and ſo let them enioy it, vnleſſe it be a thing conſecrated to the Church; if ſo, then except they be Prophets, or Prophets Children, or ſuperannited Leuites (who alwaies had their allowance and portion in things conſecrated) or in the nature of theſe, let them take heede and looke well to themſelues, becauſe it is a ſnare to deuoure that which is holy, & after the vowes to make enquiry, Pro. 20. 25. It is an ancient Canon; Semel dicatum Deo, non eſt ad humanos vſus vlteriús De reg. iuri… in Decr. reg. 51.transferendum: That which is once dedicated to God, is not to be tranſlated afterwards to the vſes of men: That is, if it be conſecrated rightly to the ſeruice of God it may not be alienated to the priuate common vſes of men, not employed in that ſeruice; ſome few caſes are excepted, whereof this is none. To this they will ſay, That they finde themſelues hereof poſſeſſed by inheritance, and they hauehave digeſted it already well enough. If God be pleaſed with it, I wiſh them all proſperity; their lot is fallen to them in a fayre ground: they hauehave a goodly heritage: yet I had rather hauehave my part in a lot leſſe diſputable. But, admit all is well, and that they hold what they hauehave without any ſcruple, I enuy not vntounto them the leaſt dramme of their right. But, what doth become of the Tyth of thoſe lands? are not thoſe more ſpecially conſecrated in their original, & in their vſe more properly neceſſary to the maintenance of Gods ſeruice then the Lands themſelues? Why then is the payment of theſe denied? and in lieu thereof, ſome pitifull contemptible penſion ill paied, to the miſerable defacing of the Miniſtery in that place.
The ſame Authority, ſay they, which giues Miniſters the Tythe in places not exempted, hath exempted our lands from payment of Tythes in kind; thus we hauehave it, and ſo we meane to hold it.
I diſpute not the power of Princes and Parliaments, it is aboue my capacitie, and out of my element, I alwaies yeeld to Law, preſuming reaſon of ſtate in it, though I ſee it not. But what if the Law be not ſo cleare as is imagined? The alienation of theſe Tythes, (which came to the King at the diſſolution of Abbyes, together with the lands) was at firſt an Act of the Pope, by an iniurious vſurpation vppon the right of the Church, and againſt the Lawes of God and man then in force. If this were in the Pope a ſacrilegious Act, hatefull to God, who deteſteth robberie Eſay 61. 8.in the ſacrifice, it is not to bee thought, that our Statute Law intended, to iuſtifie that in any which is ſacriledge in the Pope; or to make that iuſt, which is originally vniuſt. I do not thinke that our Statute Law intended, either to aboliſh Tythes vtterly, or to decide the right, but to change the poſſeſſion for the preſent time, till the claime of the Church might more euidently appeare. But ſuppoſe the Law for non-payment of theſe Tythes were as cleare as the practiſe, yet as in the buſineſſe of the Tabernacle, Moſes was admoniſhed, See thou do all things according Exod. 25. 40. Hab. 8. 5.to the patterne ſhewed thee in the mount: ſo in matters of the Church, all things ſhould be done, chiefly in matters of importance, according to the patterne of holy Scriptures. Now whether the Law enioyning Tythes in generall, or the Act releaſing that payment to ſome, bee more agreeable to the Originall patterne, let any man iudge that is not a partie. For mine owne particular, when I find it punctually ſet downe, That as thoſe who miniſtred 1. Cor. 9. 13▪ 14.about holy things, did liue of the things of the Temple, and they which waited at the Altar, were partakers of the Altar, that ſo the Lord hath ordained, that they who preach the Goſpell, ſhould liue of the Goſpell: Me thinkes it hard dealing, that we ſhould be barred of the benefit of the ancient ordinance of Tythe, till ſome other Law of prouiſion diſanulling the former can bee produced out of the Scripture.
Another exception againſt true payment, Compoſition▪euen where lands are not exempt, is compoſition with the former Incumbents. Of this kinde I hauehave heard many pretended, but I could ſcarce euer ſee any produced, leſt ſome thing of aduantage ſhould relieue the preſent Miniſter, which ſhewes the obnoxious diffidence of a guilty heart, when the cauſe is nought; for otherwiſe men are forward to make proofe of their right, for ſatisfaction of ſuch as hauehave iuſt cauſe to queſtion it. But ſuppoſe a compoſition as firme as couetouſneſſe and craft can deuiſe it, I would gladly learne, how it ſtands with conſcience or common ſenſe, that the act of an Incumbent onelyonly for terme of life, remoueable vponupon preferment, or miſdemeanour, ſhould preiudice his Succeſſor in a place of painfull ſeruice, to the vtter impoueriſhment and vndoing of all poſteritie? Is it poſſible, that in any lawfull contract, the fruit of the godly and religious labours of a free and ingenuous man, in the Lords harueſt, ſhould bee bought and ſould before he is borne, by thoſe who are meere ſtrangers vntounto him? Or if this cannot bee done in any godly and righteous courſe, why ſhould not the ancient rule take place; Quae contra tus fiunt, pro infectis haberi debent: That thoſe things which are done againſt right, ought to be eſteemed as if they had not beene done. The old word is, Caueat Emptor, let the buyer looke to it: but I thinke, both the buyer and ſeller, being in this caſe brethren in euill, had neede to looke to it, leſt they ſwallow that in earth, which they ſhall digeſt in hell; I doubt it will one day be a cold comfort to thoſe who are parties to ſuch an act, to conſider vponupon their death-bed, that by their ſinfull hands the Church is depriued, for the time preſent and to come, of what ſoeuer hath fallen within their power to diſpoſe of. Can that mā hauehave any hope to be found a true member of the Church triumphant in heauē, that liues & dies a betrayer & ſpoiler of the Church militant here on earth?
Preſcription is another mouſell of the Preſcription.Oxe that treadeth out the Corne: the originall of this worke of darkeneſſe is commonly thus; There are few great rich men to be found, that can indure with patience to pay any Tyth in kinde; hereupon they take their opportunity, when ſome Miniſter is incumbent, either not able to doe the worke, or not reſident, or ſome other way obnoxious, to agree with him for their Tyth at an vnderunder-value, a pound perhaps in the hundreth, pretending, that they can vſe the matter ſo, as that the Tyth ſhall bee little or nothing worth vntounto him; yet this yearely penſion they will allow for zeal to the Church, and good will to the man, whom they will not ſticke to mollifie with complements, or with any thing elſe that ſhall coſt them nought: theſe conditions are continued from the father to the child, by the ſame arts and practiſes, till a new man come to be preſented, who for quietneſſe ſake muſt take things as he finds them; or if he dare contend, they will ſcourge him through all the Courts of the kingdome. When thus it hath beene caried for two or three deſcents, though men know in their conſciences, that, Non firmatur tractu temporis, quod de iure ab initio non ſubſiſtit: That it gets no validity by tract of time, which is not grounded vponupon right from the beginning: yet from theſe deceitfull practiſes thus continued, preſcription doth ariſe to put the Miniſter to perpetuall ſilences, who hauing ſpent his patrimony in the Vniuerſitie, hath neither time nor money nor euidence on the ſuddaine to mannage the Churches right, though a preſcription once begun, conſume it daily more and more. For if the preſcribers adde by purchaſe or incloſure to their demaines within the ſame Pariſh, the thin and ill-fauoured preſcribed penſion, like the *Gen. 41. 4, 7.thin eares of corn, and lean Kine in Pharaohs dreame will ſwallow vp all the Tythe of the portions ſo annexed, and be neuer a whit the fuller.
On the other ſide, if the preſcribers chance to ſell, its no ſauoury bargaine vnleſſe the Tythe be included, and the Miniſter excluded out of that portion, and confin'd to ſome ſmaller peece of ground more proportionable to his pitifull penſion. The time was when our Sauiour Ioh. 2. 14, 15, 16.in a feruent zeale caſt buiers and ſellers out of the Temple, what will he doe one day to thoſe who thus couetouſly incroach vponupon the patrimony of the Temple?
Cuſtomes are no leſſe pernicious to Cuſtomes.the ſtate of the Miniſter in keeping backe his due, then theſe; for as theſe exempt ſome particular perſons or places in great matters, ſo cuſtomes ſwallow all ſo far as they goe like a generall Deluge; if they find a Benefice like the Garden of Eden, they will leaue it like a deſolate wilderneſſe. I ſpeake of ſuch as are pretented vponupon vſage without any euident reaſonable cauſe, whereby the Churches patrimony is moſt iniuriouſly detained: and why ſhould not eueryevery man that is able to oppoſe reaſon and truth againſt them, cry them downe? For though it be true that diuturni mores conſenſu vtentium comprobati Iuſt. lib. 1. …. 2.legem imitantur, that manners long continued, and approued by conſent of ſuch as hauehave vſed them are a kind of law; yet conſent and practiſe is not enough to giuegive a cuſtome the power of a lawe, vnleſſe it be conſenſus rationabilis, a conſent grounded vponupon reaſon, niſi enim conſuetudo ratione munita ſit, non est conſuetudo, ſed corruptela: If cuſtome be not fortified by reaſon, it is not a cuſtome but a corruption. Now it will be hard to proue either reaſon in the thing or conſent of the Miniſter, who is alwaies a party in thoſe things which are obtruded as cuſtome vponupon the Church. If men will ſweare that it is their cuſtome to pay no tyth wood, then you muſt hauehave none, though the greateſt part of the Pariſh bee wood-ground▪ If men will ſweare that it is their cuſtome not to pay tyth Wooll, for ſheep not wintered in the field, then you muſt hauehave none, though they hauehave a full ſtocke that takes I benefit of the Common for eight the moſt profitable moneths of the yeare; but it may bee you ſhall hauehave ſome proportionable rate: nothing leſſe, but ſome ſuch contemptible ſcraps as are not worth the gathering vp; which how it ſtands with reaſon, or the good liking of the Miniſter let wiſe men iudge. Yet if men will affirme vponupon oath that theſe and the like are the cuſtomes of their Pariſh, wee hauehave no remedie; and cuſtomes ſeldome fail for lacke of ſwearing. If theeues had come vntounto thee; if robbers by night, would they not hauehave ſtollen that which were enough for them? If Grape-gatherers had come to thee, would they not have left ſome Graps, Obadiah, verſe 5. but cuſtomes ſweepe all away, they leaue in a manner nothing. The Church, ſaies Auſten, diſcourſing of cuſtomes, being Auguſt. Ianuar. Epiſt. 119.placed in the midſt of many Tares, and much Chaffe, tollerates many things; Et tamen quae ſunt contra fidem, & bonam vitam non approbat, nec tacet, nec facit: yet ſuch things as are againſt faith & a good life, it neither doth approoue, nor conceale, nor practiſe. The like ſay I in this, the Church, whoſe cauſe I plead, tollerates many preſſures, ſuſteyneth many iniuries; but cuſtomes againſt all reaſon and right, againſt iuſtice and common ſenſe, it neither approueth, nor concealeth; nor practiſeth the like it ſelfe towards others.
When the malignity of all theſe exemptions, compoſitions, preſcriptions and cuſtomes, like ill conſtellations, bring penury and miſery vponupon the Clergie. When theſe foure come vpō vsus, like the foure ſeuerall ſorts of Vermine mentioned by the Prophet, the Palmer-worme, the Locuſt, Ioel 1. 4.the Cankar-worme, and the Caterpiller, the latter ſtill conſuming the reſidue of the former, is it not time to mourne and complaine when out meat is cut off before our eyes, and ioy and gladneſſe from the houſe of our God? Ioel 1. 16. Is it not time to ſay with Amos, O Lord God Amos 7. 2forgiue we beſeech thee, by whom ſhall Iacob ariſe, for he is ſmall. Querelae (ſaies one) Liuius l. 1.ne tam quidem grate, quanda fortaſſe neceſſari…; Complaints are not then welcome when perhaps they are neceſſary; but it were better to complaine, and admoniſh, and reproue, then that a curſe ſhould reſt vponupon vsus as it did vponupon Iudah, for robbing God in Tythes & Offerings, Mal. 3. 8, 9. If anſwer bee made, that the caſe is not like; I confeſſe it is not like in many circumſtances, but it is very like, if not the ſame, in ſubſtance: For if God hauehave as peculiar an intereſt in vsus, and as fatherly a care ouer vsus, as in and ouer the Miniſters of the Law; then, if the defrauding of Prieſts and Leuits were ſacriledge in the Iewes, how▪euer the ſtile and word may bee mittigated; yet our curbing the Miniſters of the Goſpell by force or fraud, will proue ſomething which cannot bee anſwered in the day of account.
In this point I had much rather referre the Reader to the godly Sermons of the moſt learned Doctor Raynolds, vponupon the Prophecie of Obadiah, ſpecially vponupon the 5. and 6. Verſes, then ſay any more my ſelfe; onelyonly let me adde theſe few things: Firſt, let that of Ieremy be wel conſidered; Thus ſaith the Lord againſt the Ammonits, Ierem. 41. 1, 2.hath Iſrael no Sonne? hath hee no heire? why then doth the Ammonite poſſeſſe God, and dwell in his Cities? Behold I will cauſe the alarme of war to be heard in Rabbah, of the Ammonits, and it ſhall be an heape, and his townes ſhall be burnt with fire, and Iſrael ſhall bee heire vntounto them that were his heires, &c. Let mee now enquire as God did of Iſrael and God; hath Leui no ſons? or hath the Miniſter of the Law no heire? why then doth the Lay man poſſeſſe the Clargie? Why doth hee encroach vponupon the portiō of the Miniſter of the Goſpel▪ Remember the imprecation vponupon the haters of Leui, Deut. 33. 11. Smite through the loynes of them that riſe againſt him, that they riſe not againe. The Lord turne the hearts of the ſpoylers of his inheritance, who doe not now as the Iewes, Agg…y 1. 4. neglect the houſe of God to build their owne, but take away the maintenance & reuenues of Gods houſe to inlarge their owne. The old word was, Decimas redde & diues ſis, pay tythes that thou maieſt be rich: & it is Ieromes obſeruation, Decimi… redditis vbertas, nō redditis fames fuit; That there was plenty when Tythes were paied, & penury whē they were not. But the preſent practiſe is, pay not Tythes that thou maieſt be rich; & it is the common opiniō now, that its all one, whether Tythes be paid or not, & that the Lord in that reſpect will doe neither good nor ill. Is there then no difference betweene the cleane and the vncleane? or betweene well gotten goods, and the wages of iniquity? If vnderunder the Law a man otherwiſe Agg. 2. 14.cleane, did hold in his hand a thing polluted and vncleane, if he waſhed himſelfe neuer ſo oft, yet he was ſtill vncleane: all the water in Iordan, and the ceremonies of Leuiticus could not clenſe him, ſo long as the polluted thing remained in his hand. The Miniſters portion wrongfully vſurped and vniuſtly deteined from him, is an vncleane thing in the hand of the oppreſſor, who ſo long as hee holdeth the vncleane thing in his poſſeſſion, cannot but bee polluted and vncleane in Gods ſight. The Lord I truſt will at laſt remoue the vaile of ignorance and couetouſneſſe from their hearts whom it concernes, that they may ſee the breaches which they make vponupon Gods Miniſters, and will giuegive them true repentance and amendment, that their ſinne may bee forgiuen, and their polluted conſciences purged in the blood of Ieſus Chriſt, applied to them by a liuely Faith; and remember Lord in mercy thoſe who hauehave compaſſion on the daily ruines and decaies of thine houſe, and let not the kindneſſe bee wiped out which they ſhew to thine houſe, and to the Officers thereof. Thus much of the Legall debt to the Miniſter, which I take not to be meerely ciuill, but a mixt Debt, becauſe though that which is yeelded be a temporall thing, yet it is the compenſation of a ſpirituall ſeruice.