The Civil Right of Tithes, Ecclesiastical tract · Chapter 29

The Civil Right of Tithes · Ecclesiastical tract · Chapter 29

p. 248CHAP. XXXI.

IT follows, and is fitly joyned to the former, In whoſe name this Poſſeſſion is, which may bring it about that in a ſtrict ſenſe indeed no Man was or is or can be thought to be immediately in poſſeſſion of theſe Rights but God himſelfe, and that in the words and thoughts of the Law: (for, I give not mine owne, but onelyonly as the Prieſt heretofore delivered forth the minde of his Oracle:) For, 11…leta lib 4. cap 3. ſect. 1.Is Poſſidet cujus nomine nomine Poſſidetur, ſays the ſame Oracle again,Bracton de Aſſiſa nov. diſſeiſin. cap. 7. ſect. …. fol. 165. It is not ſo much He that is In, as He in whoſe right he is in, is ſtrictly the Poſſeſſour: As in a Tutor compared with his Pupil, or a Servant with his Maſter, &c. And p. 249this then fitly advances us onward to the additional ſtrength this Pillar of the Support of This Civil Right has by Anothers intereſſing, That he that takes them up is never eſtated in them in his Own Right, but the true and farther uttermoſt Poſſeſſion of them is veſted and ſeated elſewhere, terminated Higher, above in Heaven. Men are Takers up of Gods Dues, They doe receive what (withdrawing his viſible preſence) is His Right, (who ſhould ſure be leaſt deſpoiled or defrauded,) and Perſons they are in the ſenſe before, as to ſtand forth and act for a Suppoſed Corporation, So Having another Perſonality to hold forth, in being His receivers, (who though he be everywhere is yet to us Inviſible,) To take up to His honour what is Devoted to His ſervice, who is the Soveraign Lord believed of All things, JEHOVAH God Almighty.

This is much believed in the world, and has very much affirmance even in our Civil laws, nor can it (if the thing be thus) but much ſtrengthen and ſettle this pillar of property, whereupon as great ſecurity as Any muſt Needs reſt for Injoyment and Continuance, that Men ſhall not be put out for Gods ſake, nor from His right They be diſturbed, Who receive not from or for themſelves, but as His Deputy-Poſſeſſors and Receivers; Vicars all by a ſubſtitution from the Higheſt, in whoſe Right taking up what they doe, they are the more bound to diſpenſe in His ſervice to His honour; And who is he will be ſo bold to turn the Lords Steward out of doors, if not for his own, for his Maſters ſake, or diſpoſſeſs God and Religion, ſubtract or withhold any thing from the Eternall Majeſty? Heaven, 'tis ſaid and believed, intereſſes it ſelf in this caſe, the Powers above have laid their Sacred hands upon theſe bequeſts and receits; What is ſo ſettled by clear Human Law below, has a bond of Religion to tie it on faſter upon Whoſoever are the11See Sir Hens Spelman of Tythes, p 139. Uſufructuaries; The ſpoil wherof muſt needs be Then not that of Wrong but Worſe, not of Robbery but Sacriledge, a Divine Theft, the Robbery of Heaven, like the Giants offence, and of that Kinde the Eagle heretofore committed for love of her young, Not ſparing to take the ſmoaking fleſh from the Altar, wherewith the Gods ſhould have been propitiated, B…t there hung thereto p. 250a fatal Coal that ſet all on fire, and burnt both her neſt, her ſelf, and young ones. A fearfull conſideration! (if i ſhould be ſo, for ſtill I argue upon ſuppoſition, delivering forth the tendries of another, my Oracle muſt bear me out) enough to awaken the deadeſt, and ſtartle the wiſeſt, to amaze the boldeſt, and affright all ſober, and any ways conſiderate, and adviſed men, from laying violent and profane hands upon that God had touched before, or tugging it out by ſtrength in this Caſe, leaſt they be not onelyonly like that deplorable ſort, Againſt whom God hath a Controverſie, Hoſea 4. 4. This People is, (Let them alone,) as they that ſtrive with the Priest; but worſe, Shall the Clay exalt it ſelf against the Petter? Wo be to him, Eſay 45. 9. that ſtriveth with his Maker. Into whoſe divine hands the Donations made and following Ratihibitions favour, in expreſſion, intent of delivery; That what to Religion, was rather Devoted, then Given; even to Gods Great Majesty, the Donee, Receiver, and intended Detainer, and Dispoſer, That ſo men might not but give forth to his Will what they receive by his Deputation, being like to be thereby the better Stewards of thoſe Manifold Gifts of God which they receive upon his account, in his Name, and from his Right, and upon a ſecond conſideration ſhould be the more preciſe in diſpenſing onelyonly to his honour, what for a ſecond reaſon the hand of his providence diſpenſeth unto them to have ſo diſpenſed: and yet farther the reaſon of whoſe proceedings and Juſtice may ſeem in equity to expect that they ſhould not ſpend merely upon themſelves, but uſe Non quaſi ſuis ſed quaſi commendatis, what they receive of his bounty, as His, to be ſo, and no otherwiſe but ſo uſed.

But to come to the ſtrength of ſome Particulars; (not dealing onelyonly with the ſupple and pliable affections to mould and frame them, but ſtabliſhing the judgement in the thing averred or ſuppoſed;) That things devoted to Religion are not ſolely and ultimately Mans, but in a further hand; I will not urge the ſayings of Poets, and Oratours, Councels, Schoolmen, and Fathers, though theſe offer themſelves; but the glances of Scripture may be not inconſiderable, at leaſt to prove the poſſibility and elſewhere exiſtence of the thing; to p. 251which purpoſe I awake to remembrance: firſt, the vow of Jacob, 11Gen. 28 2….Gen 28:2Quicquid dederis mihi, ejus Decimam omninò ſum daturus Tibi. Whatſoever thou ſhalt give out to Me, the Tenth I will give back to Thee: which promiſe he makes to his God. And of Lands, Vows, Oblations, &c. 'Tis ſaid, 22Lev. 27 28.Lev 27:28Every devoted thing is Holy to the Lord: particularly 33ib. ver 30.theſe Tythes, whither of the ſeed of the land, or fruit of the Trees, (as we would ſay, Corn, and Fruit) And accordingly paid in practiſe, not without intimation of this Conſecration and appropriation;442 Chro. 31. 6.2 Chr 31:6 They of Judah and Iſrael brought in, Decimas armenti & gregis, Decimas ſacras, id est, ſacratas Jehovae Deo ipſorum, as Tremellius; Their Tythes of the flock and of the herd, ſacred and devoted to Jehovah their God. Who complained He was defrauded, even he himſelf, in Theſe?55Mal. 3. 8, 9.Mal 3:8Mal 3:9 Will a man rob his God? (poſſibly the thing may be done, or elſe here in vain queſtioned:) Yet you have robbed Me: Wherein? In theſe. Ye are curſed with a curſe, &c. And for the Attournment or making them over to Man to be received by him, for his good Lord and Maſters behoof,66Num 18. 21. and compare ver. 23. & 26.Num 18:21 Behold, I have given the Children of Levi all the Tenth in Iſrael, (They were mine, but I have Given them to Them) foreign, for their publick work of Miniſtration, For the ſervice they ſerve in the Tabernacle of the Congregation. All this is in Gods Book to prove the poſſibility of the thing (and abundance more not found or ſought:) But now for what apprehenſions Our Laws had of this thing here, which is to the point indeed, The beginning of the great Charter was remembred before; 77Chap. 1.Conceſſimus Deo, & hac praeſenti Charta confirmavimus, We have given to God for us and our heirs, that the Church ſhall have All her Rights and Immunities, And a part of the Church Rights were then in Tythes, and Juriſdiction to Command them: (Whereas the Liberties of the Freemen of the Realm were given to Themſelves as 'twere into their own hands immediately.) Were thoſe blinde days? Was King Edward blinde alſo?(8) Leg. Edovar. cap. 8. (1) De omni annona decima garba Deo debita est, & ideò reddenda, ſaid he, The Tenth due to p. 252God and ſo to be paid: ſo preached Augustine, and was granted by the King, his Baronage, and People. Not Auguſtine of Hippo, but one was more near us, and more to be heeded by us, though 11Noſti quia Dei ſunt cuncta quae percipis, &c. as the word were alleadged before, p 74. And a little after, Quid ſi diceret Deus, Meus eſt homo quem feci, Mea eſt terra quam colis, Mea ſunt & ſemina quae …argis, Mea ammalia quae fatigas, Mei ſunt imbres & pluviae, & ventorum flamina mea ſunt. Meus eſt Solis calor, & cùm omnia Mea ſint elementa vivendi, Tu qui manus accommodas, ſolam decimam merebaris. Sed quia piè nos paſcit omnipotens Deus, ampliſſimam tribuit minus laboranti mercedem, ſibi tantum decimam vendicans, nobis omnia condonavit. Ingrate fraudato: ac perfide, divina te voce convenio. Ecce annus jam finitus eſt, redde Domino pluenti mercedem, &c. Iu a harveſt Serm, de temp. 219. Tom. 10. p. 370.that Father ſpake fully enough and to this point, to his Africans; but I keep my promiſe and home: Wiſe, prudent, valiant, ſucceſsfull, and exceeding pious, King Alfred required,22Spelm Concil. p. 360. Thine Tything portion give thou to God: and 33Id. p 377.in his League with the Danes calls them, Dei Rectitudines: and his father before him wrote his Catholick Donation 44Id. p. 349.at the Altar, offered it there, as to whom? and not having to do with an Eorl or Earderman, or any upon earth Man-receiver. The Councel at 55Id. p. 517. c. 10.Enham called them, Jura Deo debita; King Knout in his66Id. p 544. Laws, Quot annis quiſque Deo debita Jura juſtaſque redditiones ritè perſolvito, Let every one pay yearly to God his due Rights: and King77Id, p. 531. Ethelred before, Nemo auferat Deo quod ad Deum pertinet, & praedeceſſores noſtri conceſſerunt, Let no man take from God what belongs to God, and which our Anceſtours gave. What was in King Edwards Law we had but now: which how much the Common Law remember alſo, and the following confirmations of that Law (as many as were) involving this alſo: and to omit what might be gathered from our Provincials in Lindwood, and the Decrees at large, ſtep at once to Henry 8. where8827 H. 8. c. 20. the Parliament complains to the King for remedy, that, Numbers of ill-diſpoſed perſons having no reſpect of their Duty to Almighty God, but againſt Right and good Conſcience, did with-hold their Tythes, Due to God and holy Church, &c. They were then reputed and in Parliament Language ſo to belong: and laſtly in the commonly reputed common Law, Bract. and Fleta are not wanting. No one can but account, theſe p. 253things, and even in their account a part of the ſacred Revenue, and then11Lib. 3. cap. 1. Sect 3 Res verò ſacrae, relligioſae, & ſancte in nullius bonis ſunt. Quod enim d…vim Iuris eſt, id in nullius hominis bonis eſt, imò in bonis Dei hominum cenſura. Braction lib. 1. cap. 12. Sect. 8. f. 8. vid. ff. de…erum diviſione, l. …. Sect. 2. Inſt. l. 2. tit 1. Sect. nullius. Sacrae res ſunt quae ritè per Pontifices Deo conſecratae ſunt veluti aedes ſacrae, & Donatia, quae ritè ad Miniſterium Dei d…d …ata ſunt. Q…ae et am perneſtram conſtitutionem alienari & oblicari prohibuimus, excepta caula redemptions captivorum. 16 Sect ſeq…. ſayes Fleta: Extra patrimoniū ſunt Res ſacrae, &c. beyond mans Right or reach: neither are they to be tranſpoſed for that reaſon: for22Item donari non po erit res quae poſſiderin…n poteſt, ſicut res ſacra vel religioſa, vel quaſi, &c. Hujuſmodi verò res ſacrae à nullo dari poſſant, nec poſſideri, quia in nullius bonis ſunt, id eſt, in bonis alicujus perſonae ſingularis, ſed tantum in bonis Dei vel bonis fiſci Bract lib. 2. cap. 5. Sect. 7. f. 14. no man has them, they are a part of Gods Inventory, ſayes Bracton. They 33A Rectory or Parſonage is a Spiritual Living, compoſed of Land, Tythe, and other Oblations of the People, ſeparate or dedicate unto God in any Congregation for the ſervice of his Church there, and for the maintenance of the Governour or Miniſter thereof, &c. So three e…ual integral parts, ſc. Glebe, Tythe, &c. Spelman. de non temerand. Eccl. Sect. 1.and the Glebe are queſtionleſs as to this all of a nature: their property, uſe, poſſeſſion, intention, devotion, application, and juriſdiction the ſame: and for what Land is given, 44Bracton. lib. 2. cap. 35. Sect. 4. f. 78. So Fleta. l. 3. c. 16. Sect. 13. p. 205.Videtur & verum eſt, quod primò & principaliter fit Donatio Eccleſiae, & ſecundariò Rectoribus & perſonis, ſays the ſame Bracton. Which if it be excepted againſt as thrown in with the exploded Abby poſſeſſions, elſew here is ſhewed ſome difference. It is in Caſe of Remedy for recovery of Cathedral, Conuentual, and Parochial Church-lands, by a Writ of Juris utrum, whether an Aſſize ſhall lay of the latter as of the two former? and it is55Bracton in tract. de Aſſiſa utrum. ca. 2. Sect. 8. f. 2 6. ſaid, it ſhall not; For though thoſe Lands were given to them In liberam eleemoſynam, yet they were given to Perſons, as well as Churches, who in that regard having leave of remedy, As Other men had, there66Quod alicui grat…osè conceditur, trahi non devert aliis in exemplum. Reg. Iui…s. Can. 74. needed be no ſtepping aſide out of the way upon no occaſion; and the form of the gift may be known by the Charter; but now for him that has Right by his Pariſh Church, it was not ſo, that any thing was ſettled upon his perſon, but onelyonly upon his Corporation, Et quae perſona nihil clamare poterit niſi nomine Eccleſiae, ſuae, quia in Eccleſiis Parochialibus no fit donatio perſonae ſed Eccleſiae, ſecundùm quòd perpendi poterit per modum donationis. This is evident, for what Land is given to a Pariſh Church; the reaſon is the ſame of Tythes, as devoted to beyond this World, and p. 25411Sir H. Spelman of Tythes, chap. 17. That things offered to God be Holy. I muſt firſt explain what I mean by Holy, & that is, not that they are divine things, or like thoſe of the Sanctuary, which none might touch ſave the anointed Prieſts: But like the Lands, and Poſſeſsions of the Levites mentioned in Lev. 27. v. 28. 29 that were ſaid to be holy and ſeparate from common uſe, and ſeparaie from man, that is, from the injury of Secular perſons, and to be onelyonly diſp… ſed to and for the ſervice of God, Defenſum & munitum ab injuria hominum. ff. de rerum diviſ. L. Sanctum, as the perſons of Emperours and Kings are ſaid to be ſacred. For as the Altar ſanctifieth the Offering, Matth. 23. 19. So theſe things being offered to Go…, are by the very act of Oblation made holy, and taken ſo into his own tuition, as they may not be after divorced. p. 82.Lev 27:28Lev 27:29Matt 23:19ſacred, in the ſame ſenſe that any thing viſible is, as ſeparate and laid in in ſeveral from the touch of prophane hands, and common vulgar uſes, deſigned and ſet aſide for God and godlineſs, (foreign, as is22Ariſtot. Polit. l. 6. c. 8. Ariſtotles very fit and apt expreſſion,) onelyonly for Heaven. Not for nature or ſin, neceſſity or ſenſuality, in the ſerving of which ends moſt other things ſpend themſelves, but merely to ſet forth Gods honour in this World, as the Ox or the Lamb brought to the Tabernacle or Temple, or as he reſerved many things to himſelf in the Levitical Law, but the Levites were his Receivers. He was no more viſible Then then Now, nor the things inviſible and of a different nature, yet to his honour, yea to himſelf were appointed then, (and he did appoint them) ſundry things to be ſet aſide, which his Levites had and he in them. So here. As in implication of ſome like thing whereto believed and received here, it was ſpread abroad, and yet remains at the ſea coaſts, that thoſe followers of Peter and the other Apoſtles who maintain theit temporal life by the painfull labour of Fiſhing, bring the Tenth of their perſonal gains and lay it down at the publick Miniſter of ſacred things his feet by the name (which they yet retain) of Chriſts ſhare. Why this, but becauſe they intend Him a part of every Draught? As if never a day or night they lay forth with any ſucceſs but ſomewhat muſt be laid aſide for Heaven, and of their penury ſome mites be continually paid in to his Treaſury. How? To give them into his Own hands? This is impoſſible: He is in Heaven beyond the thick clouds, where we nor can offer, nor he receive any thing: But he has Servants, and Service, and Miniſtery, and Miniſters, upon earth, to whom he hath ſaid, He that receiveth you receiveth me, into what place ſoever ye enter Take what ye finde, for the Labourer is worthy of his hire; For them therefore and their ſakes,33In as much as all the Types of Chriſt, as a Prieſt, have received tythes as du…, & as types; and in as much as his perſon and office are eternal, and therefore the annexa; and in as much as he hath no wh…re dispenſed with, or denied, or refuſed, &c. and laſtly, in as much as he hath left thoſe are his Ambaſſadours, in his ſtead: for my part I do not ſee why unto them in the Name and Right of their Maſter, thoſe rights ſhould not be due, which were manifestly His in his Types, and of which Himſelf hath no where in his word declared any revocation, Raynolds. on Pſ. 110. 4 p. 474, 175Ps 110:4 in His Right theſe things are p. 255iſſued forth and brought in, and accordingly they receive name. If the world were aſleep at firſt when the title was given and prevailed, It hath been awaked at ſome time ſince; 'Tis hard to impoſe on the vulgar, or plant any name or titie among them that ſhall with ſucceſs ſpread and grow, unleſs it fit in with their preconceived notions and apprehenſions: It ſeems this did, whence they entertained it generally and retain it firmly, and by this name they yet expreſs their own mindes of what they give, calling it Chriſts ſhare. Upon which account of ſomewhat beyond meerly Human, and that had a touch of Divine or toward Heavenly, Theſe rights became triable, and the doubts of them onelyonly diſputable and determinable in that Court, by rule and practiſe, where few of earthly or meer worldly things were once thought of, and whoſe natural and firſt proper eſſential bound of Juriſdiction was, Spiritualia & Spiritualibus annexa. There were inquired into things above this world, and which could not be regulated by common rules of Civil Juſtice, as Articles of Religion, Exerciſe of Diſcipline, Eccleſiaſtical Cenſures, and generally things being or reputed Sacred: And Thither Alſo, as being of kinde and kin, did Theſe things throng in, or rather were both admitted and invited, as Saying by Doing what was, and that they were not reputed meerly of humane conſideration, becauſe they were let in and there had regard and only proper tractation or trial where things Divine and moſt nearly belonging to God had or ſhould have had their due inquiries. If the aim had been only to get in dues, (theſe Dues,) to determine of Civil property, or to keep one man alive in a Pariſh, All Civil Courts of Juſtice were open where All ſuch things had their proper inquiries and reſolutions, and the Tenth part needed not to have been ſeparate from the Nine: But it ſeems ſomewhat farther was aimed at, and meant or implyed which was the cauſe why theſe things were parted, and the face of things ſeems to repreſent that there was an apprehenſion and ſuppoſition that it was, becauſe they were thought to draw near the things of God, and were, as far as any, toward Beyond this world, and Therefore they were ſorted with a ſcene accordingly, and had their trail and diſcuſſion p. 256where the things of Religion and Chriſtianity were inquirable onelyonly, ſc. in the Court-Christian.

Farther, by onelyonly which kinde of Suppoſition the crime can be aggravated of taking them away to that heighth it commonly is, and men for purloining be accounted in the number of more then unjuſt, Impious and Sacrilegious. For it ſeems at leaſt unto me that it is not ſo much the violation of any Command or Law humane or Divine, from earth or above heaven if it were poſſible, can denominate and ſpecifie this ſin, (if that Law were as plain as another Divine Command, Thou ſhalt not commit Adultery, Thou ſhalt not Steal;) But ſomething elſe and growing in the Nature of the ſinne below that muſt advance the crime ſo high as to change kinde and become of Wrong and Injuſtice, Impiety and Sacriledge: To rob Heaven muſt offer violation to Heaven, and that be more then to offend in tranſgreſſing a Law of Heaven. For the Morall Commandements above come thence and are in force for us, and yet No one ſays Adultery or Theft are Sacriledges: Sins they are, but that their full latitude, the Divine Precept does not new ſpecifie the nature of the offence, Theſe or Any. So heretofore, when Jus divinum undoubted had bounded every ones own, The tribes at leaſt if not the families were parted by ſure and immediate Commiſſion from Heaven, yet the unjuſt invaſion of any part even then was not counted, I believe, more then Unjuſt,11Qui rapit pecuniam proximi ſui, iniquitatem operatur: qui autem pecuniam, vel Res Eccleſiae abſtulerit, Sacrilegium facit. Cau. 17. qu. 4. c. 18. Wrong or Injury when any part of the ſecond Table was broken, (whereunto yet the ſeal of Divine Authority had been affixed in every part,) No more. Even ſo here, to raiſe this aggravation, and cauſe this change by new ſpecification of the nature of this ſin from Theft to Sacriledge, ſeems not to me ſo properly to grow from any authority of any ſort of power and command above, as here below from22Porrò à ſacris fures Eorum vel violatores propriè ſacrilegi dicti. Pet. Gregor. Tholoſ. Syntagom. lib 33 cap. 14. ſect. 8. ſomething in the very heart and nature of the offence, which makes it33foreign; Rom. 2. 22.Rom 2:22 foreign, a Sacred Spoliation, not from the Law, but from the Thing: when either Sacrum de Sacro, or Sacrum de non Sacro, or non Sacrū de Sacro is taken, ſtill hovering Here below, and as the44Zouch. deſcript. Iur. Eccleſ. par. 2. ſect. 8. Pet. Gregor. 1. Tholoſ. ubi ſupra. Lawyer ſpeaks, through whoſe ſpectacles we are p. 257like to ſee cleareſt in this caſe. And accordingly the11Cujacius in parat. ad legem Iul. Peculatus. Civilian defined it, Sacrilegium eſt furtum Rei aut pecuniae Sacrae ex loco, vel religioſae ex religioſo: and they are Sacrilegious, who?22Tit. eod. L. 9. ſect. 1. Qui publica Sacra compilavêrunt, that have medled with ſomewhat Sacred: ſtill relating to the Thing from the Command; And the word alſo imports that way; for33Apud Ioan. Calvin. Lexie. Iur. pa. 824. Sublegere is Furari, ſays Servius, unde & Sacrilegus dicitur qui Sacra legit, id est, furatur, ſo Another. Still dwelling below and converſant about That Is, Not Who ſays: as we do not read that Ananias and Sapphira had any order at all to bring, or ſinned againſt any Prohibition in revoking, and yet (with Achan) they uſually march, (tranſgreſſing in what had come under divine precept no way,) in the head of the Sacrilegious. We have no ſtrict Command for a Chalice or diverſe other Utenſils of the Church, nor the Church it ſelf, yet few I believe will allow but tranſgreſſions aggravated by being converſant about theſe Things are worſe then others, and of44Locus facit ut idem vel furtum, vel Sacrilegium ſit, & capite luendum. Claudianus. li. 48. Digeſt. tit. 19. L. 16. ſect 4. extraordinary Guilt in this world, and they are Things. I promiſed not to meddle with any Theological Diſcourſe, Nor do I here, but as it has dependance of and derivation from, yea, neceſſary complication with what was Civil. Our ſuch Laws ſay, That Tythes are Given to God, which I ſay does well infer, their ſurreption ſacriledge, as on the contrary, they that ſay, 'tis ſacriledge to take them, give argument, they think they belong to God, Foraſmuch as not ſo much Gods Command or Divine Right for dueneſs makes this ſin, as ſomething in, below, with the Act it ſelf, and indeed Correlatively they infer or remove one another: for if a thing be bequeathed to Gods hand, (as the Law ſays plainly here,) it cannot but be ſacriledge, Sacra legere, to take them (Holy) from him; as on the contrary if it be ſacriledge to take them, They that ſay ſo muſt firſt imply and ſuppoſe they were made over and given to God.

I have in the proſequution of this point omitted what Epithites or Paraphraſing Deſcriptions I finde of them given abroad, where they are ſtyled Res Dominicae, Dominica ſubstantia, Patrimonium Chriſti, Dos sponſae Chriſti, Dei cenſus, and the like, all which muſt needs advance them high, p. 258and joyn them near in with better then meer worldly things: In uſum pietatis conceſſae, as is properly ſaid in the 11Cauſ. 16. qu 7. ca 1.Canon, Or, Decimas Deo dari omnino non negligatur, quas Deus ſibi dari conſtituit, quia timendum eſt, ut quiſquis Deo debitum ſuum abstrahit, ne fortè Deus per peccatum ſuum auferat ei neceſſaria ſua, as in the 22Cited by M. Selden Hiſt. ca. 6. ſect. 6.Councel of Mentz: But theſe are without the Circle of our Own, to which I promiſed to confine my ſelf. Much leſs may I take ſcope to look abroad into the profane world, for their Oblations, even of Tythes, and to God, to whom they vowed and thought they payed. As Agis in Xenophon, and Ageſilaus in the ſame, who both brought their Tythe to Delphos to their god, and offered it him; which 33Agis Delphos profectus eſt ac decimam Deo obtulit. Xenoph. ac rurſum: Hoſtium verò ita fruitus agro eſt, ut duobus annis centum talenta & ampliùs Deo apud Delphos decimam dedicaret. Id vid. Baron. ad an. Chriſti, 57 ſect. 74. tom. 1. col. 607.Baronius having remembred, and many more, concludes with, At verò non immorabor diutiùs in ſingulis exemplis recenſendis: Conſtat quidem apud omnes ferè gentes, velut quodam jure naturae exigente, decimas Numini devotas ac redditas: upon his credit, paid all over the world, and as due to God, not to maintain a man or any ſort of men, but in ſignum univerſalis dominii, in thankful gratitude to the Original Donour of All, of whom they did conceive to have and hold their good Leaſe, and in acknowledgement of the tenure they brought him back again ſomething. Fain (as M. Hooker44Eccleſ. Polit. lib 5 ſect. 79 pa. 424. gravely reſolves and concludes, and with him I conclude this point alſo,) would we teach our ſelves to believe, that for worldly goods it ſufficeth honeſtly and frugally to uſe them to our own benefit, without detriment and hurt of others; or if we go a degree farther, and perhaps convert ſome ſmall contemptible portion thereof to charitable uſe, the whole duty which herein we owe unto God is fully ſatisfied. But foraſmuch as we cannot rightly honour God, unleſſe both our ſouls and bodies be imployed ſometimes meerly in his ſervice; Again, ſith we know that Religion requireth at our hands the taking away of ſo great a part of the time of our lives quite and clean from our own buſines, and the beſtowing of the ſame in his; Suppoſe we that nothing of our wealth and ſubſtance is immediatly due to God, but All our own to beſtow and ſpend as our ſelves think meet? Are not our riches as well his, as the days of our lives are his? p. 259Wherefore, unleſſe with part we acknowledge his ſupream dominion, by whoſe benevolence we have the whole, how give we Honour to whom Honour belongeth, or how hath God the things that are Gods?

Thus far that grave and judicious man; a piece from whoſe page does more then a little adorn Ours: And ſo now we have ſeen how Tythes have been intended to be ſettled on Heaven: How our Laws ſay, They were ſo: How they have been tryed accordingly, and this alone renders their ſpoliation, ſacriledge; Beſides what elſe abroad to this purpoſe: Sure then the world has looked upon them as Such: Sure they have been reputed at leaſt as God's.

It remains for application, How faſt and ſafe they ſhould then be from injury and ſpoil, How inviolably not to bee ſubtracted or touched, as things laid up in Heaven, as what may not be purloined from the foot-ſtool of Gods Throne, (if there they have been depoſited;) And Who is he dares put his hand toward that God has touched before, or lay a finger upon that he has laid his hand, and would, (to ſee himſelf deprived and wronged, or that the wrong ſhould but redound to him, or touch toward him,) ſhew himſelf no doubt an Angry Jealous God! Sure, This muſt not a little confirm humane Right when a bond of Religion (or as Religious) ſhall adde what ſtrength it can to that which humane wiſdome by the beſt contrivance of all its devices had made and ſettled before for immoveable; and this we find not in ſome ſcattered looſe ſheets, but the univerſall, all-ruling, all-giving Law making faith for it; after the ſtabliſhing by Civil ſanction, This coming in and ſaying, Theſe things were given to God, I know it, I ſhould know and do aſſure it: Take my word for it, I have beſt looked upon them, and never took them for any other. We know, for natural and equitable reaſons as well as Law, No one ſhould be put out of his own: Poſſeſſion bears ſuch a ſway that it ſecures multitudes in their Heathen right, nor are they touched or queſtioned but from moſt known injury: And ſhall not Gods Miniſter ſit as ſafe and faſt, and faſter in that not onelyonly the Law gives him as His, but the ſame Law tells him and all the world he is in poſſeſſion p. 260on of for the God of all the world? for the King of Heaven? Ye cannot wrong me, but ye muſt Rob Him, defraud Religion, diſturb an higher title, impoveriſh the Miniſtery, diſable Gods ſervice, ſtarve and choak, (by diverting thoſe warm ſhowers of bounty had wont to cheriſh and feed it) the publick practiſe of Religion at the root, leaving onelyonly a poſſibility, but never reducible into act, of glorious ſervice, by this that Ananias and Sapphira have taken what Others gave, to maintain the Miniſters of that ſervice: Do we account it ſo hainous a thing, (as Juſtly we do) to remove the old Land-mark, to curtoll the ſet rule of Right, or to deprive the good people of the Land of their part in the Great Charter, which as but to a lower hand neither was never delivered farther then their Own Cuſtody: (Item, We have given for us and our heirs to all the Frée-men of the Realm theſe Liberties following:) And ſhall it not ſtrike higher that reacheth to the injury of Heaven, touching the Imprimis conceſſimus Deo, that the Church ſhall have her Rights? Reaching as it were unto another world, conveighing up to Heaven, and depoſiting as it were at the foot-ſtool of his Throne the Aſſurance, making Him the entruſted Feoffee for others uſe, or rather the abſolute and irrevocable Donee, and Proprietour eſtated and indowed to have Right or Wrong by the men of this world? I will not ſay the thing is ſo, fully; I onelyonly propoſe, what the Law ſeems to intend; with what an eye that hath looked upon it, or under what form it hath repreſented it; me thinks in terrible form enough of Conſcience to all that believe a Deity, to fright any from medling that conſiders, (if it Should be ſo,) Decima DEO debita, Dei Rectitudines, Deo debita Jura, In uſum pietatis conceſſa, & Conceſſimus Deo pro nobis & haeredibus noſtris, &c. If this ſhould NOT be ſo? Some one may ſay. But ſay I, What if it ſhould? THESE may be but the workings of fearfull fancies? But, What, ſay I, if they be Reall and Solid Truths? They do but terrifie: But what if they ſhould and ought inſtruct? As the11Cambdeans Remainces, p. 250. barefoot Friar heretofore anſwered the Gallant, who ſcoffing at his auſterity, asked, Why ſo? This is not much, quoth the Friar, to him that thinks there is p. 261Hell. But if there be no Hell replyed the Gallant, what a Fool art thou then? But, if there Be, ſaid the other, Who is then the greater Fool? What if thy ſinfull ſoul be ſealed up to unbelief, and thy ſeared conſcience will not render thee dreading the Fire till thou feel it, till thou lye down in it, till thine own experience be the first credible Preacher thou wilt believe, when thou ſhalt finde thy ſelf laying down in flames, where the worm dieth not, and the fire NEVER goeth out? Doubtleſs it is beſt to caſt the Worſt; moſt ſafe to forecaſt what May be although it may Not be; the more if it may tend to danger in the worſt, and thoſe everlaſting inconveniences and if men be not given over to a reprobate ſenſe, Rom. 1 28.Rom 1:28paſt feeling, Epheſ. 4. 19.Eph 4:19as the Scripture ſpeaks, lulled aſleep by the deceitfulneſs of ſin into a dead Lethargy,2 Cor. 4. 4.2 Cor 4:4 the god of this world having ſo blinded their eyes, that they have no regard of the next, It cannot be but theſe conſiderations muſt breed a pawſe at the leaſt, and with all ſober and adviſed men a deliberation and Doubt whether theſe things be ſo, or no? Whoſe poſſibilities are aſſured by the inſtances of Scripture where they were So: Which men have agreed ſo all abroad to deliver from the publick voice as it were of the Church and of the world: Which are left inſhrined in the ſacred monuments of moſt reverenced and ſolemn Laws, and unleſs moſt things did agree to deceive us, could not but be True. And if ſo, that there be Poſſeſſion, yea, ſacred, and in the ſenſe given Divine Poſſeſſion, both Equity and Law, Godlineſs and Honeſty, Religion and Reaſon, Piety and Juſtice call out for Every man to have his due, (eſpecially where a party may be more then man) and it can be no leſs then Ʋnrighteouſneſs and Impiety both together to diſpoſſeſs and deprive of them. We are bound to love our Neighbour as our ſelves: How do we this, if we wrong him? If we undo him? If we give him cauſe of grief? Which of us could be contented to be thruſt out of our own poſſeſſions or inheritances? a part, much worſe from the whole? and yet much worſe then that if the whole labouring Tribe ſhould be left to uncertainty, and Churches in danger of being vacant? We ſhould love God above All: How ſhew we this in wronging His Miniſters, taking p. 262oile from their His Lamp, and venturing to lay a covetous finger where He is ſaid before to have laid his hand? The proſperity of Religion is, or ſhould be to every good man the Joy of his heart, the light of his eyes, the comfort of his ſoul, the life of his life: how further we this, when we take, (not onelyonly from man, but) from that Religion we pretend to honour, depriving the labourer of his hire for work therein, muzling That Oxe treading out the111 Corin. 9. 9. 1 Timoth. 5. 18. or, treading the mowe: So Ioſeph has left us that law intetpreted, with much probability. Vid. Ioſep. Antiq l. 4 cap. 8. foreign: Thou ſhalt not muzzle the Treading Oxe. Deut. 25. 4. the place the Apoſtle alledgeth, as Eſai. 42. foreign. Thou ſhalt trample the Mountains.1 Cor 9:91 Tim 5:18Deut 25:4Isa 42 Corn that he is not able to do his work, and whereas the offering of the righteous maketh the Altar fat, we make it lean (by taking away the fat that others gave,) and are reſolved once more to tempt the Providence of Heaven, whether it be awake and regard to revenge its own wrong? whether the Gold of Tholouſe ſhall proſper in our hands, though it were once ſpread upon the Altar? or the ſacrifice will carry again a fatall coal, which kindled by Heaven, may not have power to be quenched on Earth?

Will a man rob his God? Will he? His own God? Any? ſaith the Prophet: and will we be inſtances in ours? Dare we contend with Him that is Great? are we mightier then He? Are Gods and Mans rights combined both together? and will not this double ſtrength hold? a double fence protect from violation? Seneca's Epiſtles would ſure teach us more honeſty, and the Law of the22Sacrum Sacrove commendatum qui dempſerit rapſeritve, parricida eſto. L. 12. tabul. twelve Tables fright us into better Religion. The Relation To A Deity is me thinks ſuch a charme as ſhould not but affright any from medling where it is inſcribed, or entring that circle where the dimmeſt Characters thereof do cirtumſcribed appear: Sure he that put in ſome reſpect into his33foreign. So the Septu…gint reads the Text, Exod. 22. 28 interpreted by Ioſeph of foram Gods: Antiq. lib. 4. cap. 8. & contra Apion. li. 2, near the end. And alſo by Philo the Iew. lib. 1. de Monarch.Exod 22:28 Law, To God As God, and would have None violated, would leaſt of all excuſe us if we ſhould profane (Himſelf,) Our Own.