The Civil Right of Tithes, Introduction – Ecclesiastical tract
THE INTRODUCTION:
Deo, Eccleſiae, Patriae, Tibi.
JUſtice and Righteouſneſs are among the great things of the Chriſtians Law. They miſtake Religion, who underſtand it to direct only in heavenly things; one part whereof is to make Honeſt Men, and while the Decalogue is within the compaſs of our Creed, and we believe both Tables of Gods law to contain our Morall duty, the ſcope of one muſt be (rightly underſtood) ever to guide our outward, morall, civil converſation. It is an age now much treating of Religion, and hard to ſuppoſe that any of thoſe who are moſt forward would (willingly and knowingly) leave out one half; leading men to God with neglect of Men, and trampling down all Civil righteouſneſs, in order to Heavenly: This makes it the more needfully conſiderable what that Righteouſneſs is, that we may not ſeem to love God with neglect of our Neighbour, or in zeal of Religion to permit our ſelves unjuſt: but ſo to make our pilgrimage through this world, that we leave the reputation of Honeſt men behinde us, and ſo to paſs through things temporall, that finally we loſe not the things eternall. Particularly, in that great and ſo much vexed caſe and controverſie of the remainder of the Churches Patrimony in TYTHES: which many look upon as of no more Right or Wrong, to continue or withdraw the payment of, then in relieving a Beggar with an Alms at the door: They may, or may not (what any advantages ſhall give opportunity to) with equal liberty, and no wrong to a juſt Conſcience, parting or not parting with as they can contrive or ſhift, and ſo take to themſelves that boundleſs licenſe the Apoſtle has given in another caſe;1 Cor. 7. 36. let a Man (in this) do what he will, he ſinneth not: As if to venture upon the ſpoyls of the Church, were no more then to divide what men have taken in hunting; to defraud Religion, not ſo bad as to diſturb Humane Right, (and yet that is bad enough, and yet this is worſe). And to remove the pillar (worldly) of Gods ſervice, of no greater guilt, or doubt, or fear then to ſeiz upon that a man finds in his way, or to fetch Timber for building a new houſe, or repairing his old, from his own Le…anon. A great miſtake! whereof the Enemy of all goodneſs makes much advantage; being like to reduce the Lords Miniſters hereby to great ſtreights, and to get the daily allowance of oyle withdrawn: which, though ordinary in it ſelf, was wont to be conſecrate to keep light in the Temple: by ſubtracting Levi's portion, I mean, to diſable Levi himſelf from attending the ſervice of his God; As1foreign. Ariſt. Polit. lib. 1. cap. 3. how can worldly men live in this world and follow worldly buſineſs, (as to the outward part to be ſtudyed and acted by Man, even Gods ſervice is) without worldly maintenance?
Such conſideration as theſe awaked my thoughts to that I took to be a very needful enquiry; ſcil. Whether Tythes had indeed any of that we call… Right or good title among Men demonſtrable, to hinder the ſubtraction by any that are conſcientious? A Right in equity for maintenance of Gods ſervice?Luke 10. 7. Sure, this is very likely. A right in Juſtice by Divine law,1 Tim. 5. 8. which apportioneth (in the New-Teſtament) to2Mat. 10. 10. every labourer his reward.3…, Cor. 9. 11. to him that preacheth the Goſpel, to live of the Goſpel; and this no leſs probable. Nay, for the very Tenth in kinde and proportion, a worldly, civil, poſitive, humane Right; Such as might inferr the detaining, Wrong, and make it civilly injurious not to part with what is not now courteouſly given, but juſtly paid; I reſolved, it might be ſo: I aſſured my ſelf it was ſo: And thought I had read and obſerved ſo much, that reduced to heads, and preſented to view, might perſwade others alſo: and becauſe it was a truth I thought not known to all, and I perceived very many very much to love the truth▪ for their ſakes therefore I ſet my ſelf to repreſent what I could in haſte lay together, to every ones friendly4And ſhall be heartily glad, if it ſhall pleaſe that God who out of the mouths of Babes and Sucklings doth ſometimes perfect is praiſ, to magnifie his own power ſo much the more, as to make Me the ſucceſsfull, though weak means of undeceiving any; for, Non quaerimus veſtras opes, ſed veſtram juſtitiam, as St. Auguſtin ſomwhere ſaid: It was not ſo much preſervation of any ones Right, as all mens innocency, that ſet me on work. Or as Pet. Cluniacenſis ſpake, Nec tam ad ſcribendum coegerut lu…ra decimar…m, quàm damna anim…; not hope of worldly gain, but fear of loſs of Souls. And this twofold; both of theirs who ſhall doe the wrong in with-holding, and theirs who ſhal miſcarry for want of inſtruction, occaſioned by with-holding of this worldly ſuſtentation from him ſhould have hold out the light. Other means may be talked of▪ But— conſideration. No other the candor of mine own boſome did aſſure me I ſhould either doubt to finde, or5foreign. Chryſoſt. H…m 14. in cap 4. ad Phil. t…m. 6. in N. Teſt. p 132. need to fear: for the Publick had paſſed nothing againſt, but many things6As in the Ordinance of Novem. 4. 1644. yet in force (beſide many other) for recovery of them: The repelling of the Kentiſh, and many other Petitions againſt them… The ac…all ſegregation of them from other parts of Delinquents Eſtates, to piece out a more comfortable Subſiſtence for Preachers out of them: And, above all, the late exemption of them from ſale among other Cathedrall Endowments, with expreſſe Declaration, that they ſhall make every Pariſh, where they ariſe, affoord 100 per an. to an able Guide of Souls. Vid Act of Ian. 8. 1649. and what can, if this do not, aſſure their purpoſe? at leaſt a Declaration of ſuch Intentions, which is that we are to walk by. for theſe dues, (which ſecured me on that part) beſides the old eſtabliſhed laws of the land; and for mine own private, the ſcales hung almoſt even: Not much to me whether they ſtood or fell, went up or down, as having not much to get or loſe, to hope or fear. But for Sions ſake I reſolved I would not, I might not hold my peace: For Gods ſake (I know mine own boſom) I was willing to be at the coſt of following pains, for the Goſpel of Jeſus Chriſt's ſake, and endevour to preſerve (if God ſhould ſo bleſs weak endevours) that ſupport had been hitherto the viſible and worldly maintenance of Chriſt's Kingdom in ours, I reſolved to dig down as deep as I could, to try and repreſent to view what foundation and ſtrength that pillar had, which chiefly (as worldly ſtill) hath held it out to the view of the world amongſt us; being glad to finde:
1. That it is of that firmneſſe and alſo age, that we have occaſion to bleſſe God for his1Rex aut…m barbarus (circa an. ab Incarnatione Domini 63.) eum ſua gente tam nova audiens & in…onſueta, omnino praedicationi eorum conſenti…e renuebat, nec paterna… Traditiones commutare volebat. Quia tamen de longè venorant, vitaque …or…m exigabat m…d…ſtia, ad petitionem eorum quandam inſulam ſylvis, rub…, atque paludibus circundatam ab Incolu Ynſuvitrim nuncupatam (Glaſtenbury) in lateribus ſuae Regionis ad habitandum conceſsit. Poſtea & alii dic… Reges, licèt Pagani, comperta eorum vit… ſanctimonia (Ioſeph of Arimathea, and his 12. Fellow Apoſtles) unicuiq…e eorum unam portionem terr… ſucceſsivè conceſſerunt, ac ad petitionem eorum ſecundùm morem Gentilium dictas 12. Hidas e…ſdem confirmâ… runt; unde 12. Hid… per eos adhuc, ut creditur, nomen ſortiuntur. Guilielm. Malmeſ. apud Spelm. Concil. pag 5 de Exordio Chriſtianae Religionis in Britannia. early mercy to this Land: That almoſt as ſoon as any where; he that once ſaid,2Matth. 8. 20. Luc. 9. 58. Foxes have holes, and the birds of the aire neſts, but the Son of man not where to lay his head; had here (in his Miniſters, which 3Matth 10. 40. Iohn 13 20.whoſoever receiveth, receiveth him) entertaiment and home.
2. That prudence mixed with piety, and true love of God of equall ſincerity, and all dimenſions with that to their neareſt ſelves, prompted our long ſince dead and bleſſed Anceſtors, to doe for him as for themſelves, building the honour of his houſe with the ſame (if not better) materials then their own; and contriving to perpetuate (as they meant) true Chriſtian Worſhip, by allowing it the beſt (they thought ſo) of this world, no weaker nor other ſupport then went to the ſtrongeſt of their own buildings.
3. That it hath not been yet within the power of malice, envie, pride, tyranny, fraud, wretched covetouſneſſe, or any other inimicall paſſions or powers, to ſcatter or divert, diſturb or deſtroy: but by the bleſſing of God, and under the ſafety, power, and protection of the Laws, Levi hath had his own, and yet has his own, to live on and ſerve his God, as well as other men. The foundation of Gods Houſe (his Church) ſtands faſt and firm upon the ſame bottom with theirs (beſides what it has from Heaven,) and beſide what may be ſaid for a Divine Right; the Miniſters of Jeſus Chriſt have as much of humane as any other men can plead for, that is truly and juſtly theirs: And this to continue, and this for their works ſake, and thus the Goſpel made here without 4It hath been warily and truely obſerved by ſome, that a Chriſtians exerciſe of his Religion here in England, for the years of ſome Ages paſt, hath not uſually coſt him above his 2d. per an. and that in his voluntary Eaſter oblation. The reſt was but the disburſing or delivering forth what others gave long ſince, and it had been injuſt c… not to pay, as given and appointed by anothers Bounty. As for Chriſtening and Marriage Duties they were extraordinary.charge, which51 Cor. 9. 19… St. Paul ſometimes deſired ſo ſolicitouſly: It being left to our Autumn of the world, only to reap the harveſt of their rich piety, who lived and made very coſtly ſeed-times before us, and ſerve God cheap enough at their coſt and charges: They having given ſo much from themſelves, and all the world; that we need only iſſue out their bounty, and in what we contribute or give forth to Chriſtian Worſhip, are not ſo much liberall as righteous; nor doe we give, but pay. This is ſo, I know it to be ſo, I was glad to finde it ſo: Others gifts have made it, and great is the advantage that comes hereby to Religion and us, from thoſe are now at reſt from their Labours, and their works follow them. I confeſſe, I could not but all along wiſh ſo great a work better done; and ſenſibly complain of infirmities all along: that impar congreſſus between undertaking and performance was ſtill in my eye; and another diſcouragement of another Poet:
Sumite materiam veſtris qui ſcribitis aequam
Viribus.—
Beſide that I often wiſhed I had been able but to bring in what my ſelf ſaw the Argument did afford, and in part alſo where it was. But when withall I conſidered Goats hair and Badgers skins to finde acceptance, (for the tabernacle of thoſe had not gold and ſilver: when I remembred the Widows mite commended, who gave of her penury; and not cold water to looſe its reward, leaſt (ſaith a Father) excuſe ſhould be any from want of fewell to warm. Theſe things again refreſhed and encouraged me to the tendry of ſmall things, eſpecially when I called to minde the Great Apoſtles ſtraights, who was fain to take up with a part-bountie, when he had not wherewith to pay the whole: for Silver and Gold (ſaith he) have I none, (to a Beggar that wanted a Drachme) but ſuch as I have give I thee, Act. 3. 6. A ripe Judgment will ſoon diſcern wants enough, and ſo do I; and that I hope is the chiefeſt fault: To have been better furniſhed with books, arts, languages, records, means, company, might both have ſtrengthned many a weak nerve, and ſupplied many an empty vacuity. But yet if but one half hereof be ſtrong, of what I hope none is weak; if a moity true, of what I hope none is falſe; there may be ſo much of it as it is, that he that runs may read, and he that reads and underſtands will not (I hope) herafter dare give leave to his Conſcience to conſent to that, which if he have the honeſty of a Moor or Saracene, he muſt ſtep back and pauſe, and decline; I mean, by reaching out his hand to withdraw that, which if he were one of the Sons of Pamphilio, he would let alone, or rather give; or, in plain terms, not dare to with-hold his Tythes, unleſſe he be reſolved to more then covet his neighbours Goods.
This is a point of Religion very low in an age of Religion, and for Religion pretending to ſoar ſo very high; But he that has but this, cannot upon theſe grounds, do this evil, and ſin againſt his God: If there be Civil Right, there muſt be undoubtedly Civil wrong, (for they are Correlatives) fraud, injuſtice, ſpoil, rapine, coveting, thieving; ſome of theſe, if not all: and God grant there be not alſo upon the grounds, and in the reputation of the Common-law, Sacriledg alſo, to meddle with, and in this caſe to pervert what That Law accounts Sacred.
But to come to the Point: (Det Deus his ſtudiis vela ſecunda meis: Or rather from more Divine extraction: Now God himſelfe, and the Lord Jeſus Chriſt, and the Holy Ghoſt direct my way;1 Theſ. 3. 11. foreign that it may go right in a righteous buſineſſe:) That which I then propoſe to my ſelfe to aſſert, is, The Civill Right of Tythes: and mark thoſe three words, they are ſo many limitations.
1. Of Tythes: and ſo I meddle not with any other Eccleſiaſticall poſſeſſions or claimes.
2. Of the Right of Tythes: and ſo I meddle not with the ſtory, which hath already been both very ſucceſſefully done, and alſo examined.
3. Of the Civil Right of Tythes: in evident and expreſſe contradiſtinction from the Sacred.
Which bee it what it will, (there be enough that have engaged themſelves pro & contra;) The light and brightneſſe of the Sun remaines clear in the Firmament after a demonſtration: There is fire on Earth, and ſo are all their Arguments of force for a Divine Right, who claime by it; notwithſtanding I ſhall have ſhewed there is enough in lower Secular Law amongſt us to give right amongſt men, by which alone we enjoy all other things; Theſe doe not interfere, but mutually aſſiſt and ſtrengthen each other; and the ſticking to the one, muſt not needs be a preſent and ſudden relinquiſhing, much leſſe oppoſing of the other. To this Text therefore I keep my ſelfe, not intermedling to weaken or ſtrengthen, or any wayes to interrupt or diſturbe their courſe who move in another higher Sphere; let us both keep to our own, and that is a point of Prudence at leaſt, if not of Juſtice and Neceſſity. Neither do I them, or their higher pretenſions, any wrong, direct, or conſequentiall: For a man may ſay, the ſilver Drachme was good and current Coyn, and yet not diſparage Solomons Gold of Ophir: This Candleburning by me, has light and brightneſſe enough to guide my pen, and yet it permits and leaves the Sun a more noble and glorious Planet. The acceſſe of a leſſer ſtrength does not infirm a greater; nor a prop of wood a pillar of Braſſe or Marble; nor yet a favourable ſeconding Law made here, That the God of Heaven ſhall be Worſhipped, diſparage the Bible, or Tables of the boſome, where the …ame was before engraven. We have many things in our Councels and Common Laws, which are in the Scriptures, if no more but this, Do as thou wouldſt be done unto; which1Ex hoc …nico Praecepto ſatìs liquet, unicus…e ex aequo jus eſſe reddendum; neque enim alio quocunqu… j…diciali libro …us fuerit. Hac ſolù… meminerit qui ſedet in alios ju…ex, nolle ſe aliam de aliis proferre ſententiam, quàm de ſe ipſe latam iri voluerit. Praefat. in Aluredi Leg. apud Lombard. Archaion. pa. 2… hath been thought Law enough for a Judge; neither does the ſticking to them There, ſay they are not Here, or infer a light regard of them. Who by a Lawyers pleading, a man hath broken our Law by Perjury, and is thereby guilty of high offence, can therby think the prohibitions of the Decalogue deſpiſed? or becauſe a Judge layes hold of our Countrey Law to puniſh Theft or Murder by, can ſay, He vilifies the ſixth or eight Commands by which a man is at Church and in conſcience forbid to ſteale? There may be a Subordination, and is, between Lawes and Rights, and Crimes and Things; and the laying hold upon any of thoſe of a lower range or ſeries, were very ill interpreted a diſcountenance, much worſe an oppoſition of the higheſt. Not diſparaging therefore the higher Right, much leſſe renouncing it, (and it was needfull to make ſuch expreſſe proteſtation) relinquiſhing it only pro hîc & nunc, by no meanes diſclaiming, yet leaſt of all oppoſing it; I lay hold of that my Text, The Title of Civill Right, directs and holds me to, by no meanes undervaluing or giving juſt occaſion, it may be thought I doe undervalue the Golden Noble by this, that I think I have Silver enough currant Coyn to pay this Debt, and our Secular Laws will here with Us make out a Dueneſſe of Tythes by title ſufficient, without troubling or borrowing any thing from the higher ſphere of Divine, Naturall, or Eccleſiaſticall.
Being thus then confined to mine own Circle, wherin I mean to keep my ſelf religiouſly without trangreſſing; and like there to behold little but of Right, and Civil Right, and the Dueneſs of this maintenance of Religion intended. Thus to be aſſerted thereby, It may not be amiſſe, it cannot but be very expedient to premiſe ſundry things of Right or Rights in generall, the nature, ground, riſe, ſtrength, and originall firſt growth of Them all, with this intent and purpoſe: That if we can finde the reaſon of All, we may the better judge of Theſe: If we doe finde theſe to have the ſame ſtrength and bottome to reſt on, that all others have (to wit, humane paction and the powerfull word of the ſevering all-giving Law, which alone incloſes all from the common) in the ſame with others, we may conclude, either theſe have enough, or none have any; for the ſame Cauſe produces the ſame effect alwayes whereſoever; and if here be the ſame ground of right, there muſt be the ſame right alſo, why ſhould it not? Now to the top of that I thus propoſe to my ſelfe to aym at, I ſhall aſcend as by ſo many ſteps; by theſe ſix following Propoſitions, beginning at the bottom, where all was left at firſt as in a wilderneſſe of Community, and ſay as followeth.