The Civil Right of Tithes, Ecclesiastical tract · Chapter 32
CHAP. XXXIV.
IT remaineth next, Whether any thing hath been Done accordingly? Men have thus interpreted Laws; but their Sayings how many, or confident, or grave ſoever, though bearded with authority, alter not the Nature of Things, The exhibition whereof in Deed and View is that Reall proof men moſt look upon in the World and more, beyond the ſtrongeſt Opinion or beſt interpretation; and What has been then ſeen the effect or Work of theſe Word and Book-ſuppoſitions? I anſwer; as much as well can be ſuppoſed or imagined; with aſſurance enough too, even to the diſpoſition and tranſpoſition of the tenth part of the wealth and Revenue of the land. For among All ſorts of perſons that had any thing, in All places, There is never a Pariſh in the Land, or Perſon of Cenſe and Poſſeſſion, but the experience hereof has been given yearly in His eſtate, and ſubmiſſion to that power, that from one man to another created Right, according to received and obeyed Law: It was but Ask and Have, Seek and obtain, expect the ſeaſon when the Courſe of Nature brought forth things in kinde, and take the tenth as it aroſe; None did mutire contra or reſiſt or but obey. The Iſſue (as before intimated) was but Commonly either the Bounds, or Certainty of the Pariſh; If theſe two were well proved (whereof onelyonly could be doubt) the reſt came in of it ſelf, and the force of theſe grounds of Law as before, ſo interpreted as now, carryed the Tenth fleece, the Tenth Lamb, the Tenth Lock, Heap, or Sheaf, &c. all upon a Suppoſition All was right, and this as often as the things grew Due and demanded. Nor needed the Plaintiffe (that his quality, though he might goe under another name) to caſt out for any Law, a Combination of Which, and the whole of a ſort, united and deeply founded was always in his behalf1Now touching the diſcharging of tythes themſelves, & the pleading them at the Common-law, It is to be obſerved, that they are things of Common right, and doe of Right belong unto the Church. And therfore though it be true, that before the Councell of Laterane, there were no pariſhes nor pariſhprieſts that could claim them, but a Man might give them to What ſpiritual perſon be would, yet ſince pariſhes were erected, they are due to the Parſon (except in certain ſpeciall regular Caſes) or V… car of the pariſh: and therefore when you have a prohibition for diſcuarge, (of the validity whereof, and when to take place, he is there ſpeaking) You muſt conſider it is a plea in bar againſt Common Right to a demand of Tythes which is a Common Right, though they be in ſeverall Courts, as by a Releaſe either in Deed or Law. Hobarts Reports in Slades Caſe, pag. 296. ſuppoſed: This was put into his Libell, tam de Jure communi & Eccleſiaſtico, quàm de antiqua, laudabili, legitimé que praeſcripta conſuet udine, jus percipiendi, recipiendi, & habendi omnes & ſingulas decimas tam majores, quàm minores mixtas & minutas infra Parochiam de N. provenientes, creſcentes, renovantes, & contingentes, ad Rectorem Rectoriae de N. ſpectat & pertinet, &c. and this a ſet way as in the ſecular form of pleading upon Briefs, which were always the ſame, like the laws of the Medes and Perſians, without alteration; Nor may we well ſuppoſe any errour to have crept in, or been admitted or retained Here, in that plea, which was a ventilation or exact diſcuſſion of the tenth part of the profits of the Kingdom. There is much both law and Conſtancy in thoſe ſet forms, 'tis very hard to ſuggeſt or foiſt in any errour to thoſe known inviolable pieces; to2Stat. of Weſt. 2. c. 1, 4, 35, & 41, 13. Edw. 1. Stat. of Merchants, c. 1. Stat. of Quo warranto, 30. Edw. 1 raiſe or alter a Writ, requires and has had the legiſlative power of the Kingdom: Of the like certainty, uſe, evidence and inviolable firm conſtancy and immutability was (no doubt) the way of tranſacting things here: If we light upon truth anywhere, we may hope for it in thoſe lines which have been ſo often handled and reviewed, and which have themſelves handled and diſpoſed of ſo much of every mans eſtate, as in the whole amounts to that part which is the tenth of every thing. Some of many would have found the fault, if there had been any, nor could the iniquity have remained uneſpyed, in that moſt men had their eye upon, and ſuffered by whereas none did Here, Therefore it is very likely to have been good and Right which All as Such have looked upon, and None been able to eſpy therein Errour or falſity.
Thus to the Cauſe have we ſubjoyned the Effect: To the Law before, interpreted now, the uſe and fruit in diſpoſition of mens eſtates, Their wealth that dearly beloved of their ſouls with much patience being ſuffered to be tranſpoſed and change maſters by its power, And ſentences were to this purpoſe as uſuall as tryals. According whereto followed no doubt execution; who knows any thing knows this by daily everywhere experience, and as before we might not ſuppoſe forms of practiſed law erroneous and deceitfull, So here, that they ſhould, being ſuch, have found ſo ready and univerſall obedience, or that a wrongfull ſentence ſhould have intruded to take place, eſpecially ſith to generall prejudice; Draining mens purſes of much of every thing, and they (the whole world) ſo faſt aſleep, that no ſuſpicion was ſtirred up of the legerdemain; Nor ſo much as any outcry heard of ſo ſpreading and univerſall wrongfull incroachment. Surely no: There was no ſuch thing; but a Juſt ſentence upon due proceeding: Both cauſe and effect, Rule and Order, Law and execution were according to Right: and as in any other the Kings Courts, theſe temporal-ſpiritual things were orderly and legally diſpoſed of and ſetled Here, by that law, which ordereth, diſpoſeth, ſetleth, and even Giveth all things.
Upon all which would follow alſo one thing more, That if all theſe things be Thus, Not Colours but of ſubſtanceand reality, If ſuch law have ſo paſſed and ought to be obeyed, and has, And to part with be now by vertue thereof Not to Give but Pay, Debitum Juſtitiae, and of Right Ought (to the ſervice of God) not Debitum Charitatis, a bequeſt of love and good Will: Hereby is way made, not onelyonly of bringing home theſe Dues ſafe and ſure to their Right owners the Juſt Claimers; but alſo of bringing home further all thoſe forceable exhortations to the payment of them in Goſpel-dayes▪ to Gods ſervice, even under thoſe Strong reaſons which were heretofore uſed by the Prophets and wiſe good men under the Temple & Law; And with us may be ſaid, Give and Pay theſe due Debenturs to the Chriſtian ſervice as wel and upon the ſame grounds as they heretofore uſed, & by which they were then urged to be paid. For they required them but as Due, Due to God, (ſc. for his ſervice) Due by their Law, Sacred in their Polity, and which Immediately came from God: Now although we do not ſo plead them as ſtrictly (here) due by any divine Law among us given on the Mount, or written with the finger of Gods hand, yet they are by that Law: and Sacred too, and apportioning them to God, that is his ſervice too, which, as before giving them, is ratified and confirmed (as all Juſt powers and Laws are) by him that dwelleth on the Mount, who approves and ſets to his ſeal to be Juſt and Good, whatſoever Orders, Ordinances, Laws or devices his people (as ſo many additionary, explicatory, or By-laws for the good, peace and order of the place where they live, not croſſing the Common) ſhall make for eſtabliſhing and perpetuating his honour by means of their own created Juſtice, and ſo a kinde of Divine, and certain, though Mediate and conſequentiall way of confirmation they have from the powers above ſtill; At leaſt ground enough to ſay in the ſenſe of heretofore,1Ecclus. 35. 10. Give the Lord his Due with a good eye, and Conſecrate thy tythes with gladneſs; Give (yea Pay) unto the moſt High according as he hath inriched thee, and as thou haſt gotten give with a good eye; that Law which is in a ſenſe his Sacred law hath commanded it: For, 2Levit. 27. 30.All the tythe of the Land, of the ſeed of the land, or the fruit of the tree is the LORDS (Now) Holy to the LORD: And, concerning the tythe of the Heard or of the flock, whatſoever paſſeth under the Rod, it is now holy to the Lord likewiſe: Therefore3Deut. 14, 22. thou ſhalt truly tythe all the increaſe of thy ſeed, that the field bringeth forth year by year, and 4Mal. 3. 8.Bring All into the ſtorehouſe, and try whether the Windows of heaven ſhall not be opened for recompence. My Tythe into my Storehouſe: for5Num. 18. 20. Behold they are given, (If not I have given, I have ratified their gifts who have given them) to the Levites of the New-Teſtament, for the ſervices they ſerve in this tabernacle of the Chriſtian Congregation. Moſes ſaid, Exod. 22. Decimas & primitias non tardabis offerre Domino, as in the Old Latin: And King Alfred ſays, Thine Tything-ſcot, &c. give thou to God, in his tranſlation and impoſition of that law upon us, (which our juſt government, and by conſequent Our God approveth:) K. Ethelbert ſaid, K. Offa ſaid, K. Ethelwlph, K. Edmund, K. Edward ſaid ſo (both the elder and younger on this and that ſide the Norman turn) beſide other, and it hath been digeſted, received, approved obeyed & practiſed by in our6Leges Sacratiſſimae, quae conſtringunt homjnum vitas, intelligi ab omnibus debent. Cod. de leg. l. 9. Sacred Common-law, if I may ſo ſpeak, that they Muſt and ought: And ſo We as They require Them, in the words of Scripture, the ſame words as They, and to the ſame generall end, upon the ſame ground of a kinde of Engliſh Sacred-Law. Pardon that Epithete, and admit a Juſtification: As ſuch I look upon and May call all thoſe which being Civill and Common as Sanctions even with us have a touch as it were and Derivation from God, and ſo All Sanctity or Sacredneſs cannot ſimply be abſtracted from them. As the Wiſe, and in his memory ſo much reverenced Chancellor Forteſcue averred and juſtified to our young Edw. 4. King Henry the ſixth his Son in his baniſhment, making every Lawyer a kinde of Prieſt, and ſo far forth officiating in his Cure, as he duely and reverendly gives forth the things of this Sacred Juſtice and Law. It has place where he is counſelling him not to regard Military exerciſes alone, but to inrich his minde with nobleſt indowments of knowledg and piety, ſetting for his pattern, The Prince of Iſrael, who was1Deut. 17. 18. 19. councelled to keep always a copy of the Holy law by him, and to read therein all the dayes of his life, that he might learn to fear JEHOVAH his God, &c. Yea,2Haec ut audivit Princeps, crecto in ſenem vultu, ſic locutus eſt. Scio, Cancellarie, quòd liber Deuter. quem tu commomoras, ſacrae ſcriptura vclumen eſt; liges quoque & ceremoniae in eo conſoriptae etiam ſacrae ſunt, a domino edita & per Moyſen promulgata: …uare eas legere ſancta contemplationts dula cedo eſt. Sed lex ad cujus ſcientiam me invitas, humana eſt, ab hominibus edita, & tractans terrena: quo, licet Moyſes ad Douter. lecturam Reges Iſrael aſtrinxerit, eum per hoc reges alios, ad conſimiliter faciendum in ſuis legibus, con…itaſſe, omnem off…git rationem, eum utriuſque lectura non ſit eadem cauſa. At Cancellarius, Scio, &c. Scire igitur te volo, quòd non ſolùm Deuter. leges, ſed & omnes leges humanae facrae ſunt, quo lex ſub his verbis definitur: Lex est ſanctio ſancta, jubons honeſta, & prohibens contraria: Sanctum enim eſſe oportet, quod eſſe ſanctum definitum eſt. Ius etiam deſcribi perhibetur, quòd illud eſt ars boni & aequi, cujus merito quis nos Sacerdotes appellat. Sacerdos enim quaſi Sacra dans. vel Sacra docens, per etymologiam dicitur, quia ut dicunt Iura, leges ſacrae ſunt, quo eas miniſtrantes & docentes, Sacerdotes appellantur. A Deo etiam ſunt omnes leges editae, quae ab homine promulgantur; Nam, cum dicat Apoſtolus, quod omnis poteſtas à Domino Deo est, leges ab homine conditae, qui ad hoc à domino recipit poteſtatem, etam à Deo conſtituuntur, dicente authore cauſarum (Ariſtotele) Quicquid facit cauſa ſecunda, facit & cauſa prima, altiori & nobiliori modo. Quare Ioſaphat, &c. Ex quibus erudiris, quòd leges, licet humanas, addiſcere, eſt addiſcere leges Sacras & editiones Dei, quo eorum ſtudium non vacat à dulcedine conſolationis Sanctae. Forteſc. de legibus Angl. cap. 2, & 3. anſwereth the Prince, This wel concerned Him, for thoſe Laws had to him another tincture of Divine authority which to us is wiped of, having none of that high qualification. No, not ſo neither (replyed he) as to ſanctity we are not without All law unabrogated: for all humane laws are to thoſe, whoſe they are, Sacred from the definition. For what is a law it ſelf, but Sanctio Sancta jubens honeſta, prohibens contraria: (which3Vid. Gloſſ. lex eſt. ad Iuſt. 1. de Iur. nat. & gent ſect. 4. & Gloſſ. non faciendorum. ad ff. de ſegibus Senatuſque. lib. 1. he might borrow from the Civilian) A ſacred 4Quomodo leges ſanctae, vid. ff. de rerum diviſ. & qualitat, l. 9. ſect. 3.ſanction, bidding what Good is, forbidding the Contrary? and that muſt needs have ſanctity in its nature, into whoſe definition it is wrought and embroydered: And therefore the Art of adminiſtring thoſe laws makes us Prieſts: for what is a Prieſt but he that miniſters in Sacred matters, teaching holy things? We doe ſo, we give out ſacred Juſtice, Therefore we are Priests. And all Laws are from 1foreign. ff. de leg. Senatuſ que L. 2.God, though publiſhed by Man: For whereas 2Rom. 13. 1.the Apoſtle ſaith, All Power is from God; The Powers that are, are ordeined by Him, Law made by ſuch derived Authority, derives farther, and impreſſes the ſtamp of Authority from the firſt Cauſe through All, for as much as, Whatſoever is the Cauſe of a Cauſe, is alſo a Cauſe of the thing Cauſed. Whence32 Chron. 19. 6. God is with you in judgement. So Exod. 18. 19. Do thus and God will be with thee. Joſaphat to his Judges, Ye do Gods work, Ye judge not for Man, but for the Lord. So that Every Law is then Holy, Every Stateſman may look upon himſelf as a kinde of Prieſt, every Magiſtrate a4foreign. Rom. 13. 4 Dei enim miniſter eſt. And, Miniſtri Dei ſunt. ver 6. kinde of Miniſter of Holy things, (Their Study gives them ſuch, though their Trade may be unrighteouſneſs) and no word can better fit a dying Patriot then theſe of Eleazar, 2 Mac. 6. foreign, to be ready to die for the ſacred and venerable Laws of his Country.
Thus then All Laws are Sacred, as derived from God, and backed with his authority, though made by man, and ſo Ours, and ſo that which is of this fort in particular: which occaſions fit and full application of thoſe Texts of Scripture in the juſt import of the words and their full vigour of ſenſe to have Tythes brought in, as thus Scripture now requires (theſe Acts of State and Right ſuppoſed, which alſo are) and they ſin againſt that Sacred Law, yea a double ſacred Law, Mans and Gods, (in Mans or above Mans, having Mans under it,) who do not Pay. Some queſtion hath been hitherto of the 5Albeit we be be now free from the Law of Moſes, and conſequently not therby bound to the payment of Tythes; yet becauſe Nature hath taught Men to Honour God with their ſubſtance, and Scripture hath loſ… us an Example of that Particular proportion, which for Moral Conſiderations hath been thought fittest by him whoſe wiſedom could best judge; Futhermore, ſeeing that the Church of Christ hath long ſithence entred into Obligation; It ſeemeth in theſe days a Question altogether vain and ſuperfluous, whether Tythes be a matter of Divine Right, Becauſe, howſoever at the first it might have been thought doubtfull, our Caſe is clearly the ſame now with theirs, unto whom St. Peter ſometims ſpake, While it was whole, it was whole Thine, When our Tythes might have probably ſeemed our Own, we had Colour of liberty to uſe them as we ſaw good; but having made them His whoſe they Are, let us be warned by other ment example what it is foreign, to waſh or clip that Coin hath on it the mark of God. Hookers. Eccleſ. Polit l. 5. Sect. 79. p. 429.Jus divinum, whether now Any ſuch be of force to bring in this Revenue of the Temple among us? and there be that affirm as well as that deny, as they finde light or darkneſs in the Letter of the Scripture (which, immediately, they rely on) in their apprehenſions: But this ſtrife may now be well ſtinted, unleſs for double ſtrength among us, for as much as in a certain clear, but mediate and conſequent way (the Act of Man having given, and the Authority of God above confirming what is done below) that divine print reaches through no doubt in the way hath been ſhewed, and cannot but ſtamp ſomewhat of heavenly and the Supreme Power upon the Acts that have paſſed of Men, and ſo for the Commandments ſake, yea for that is by derivation, approbation and undoubted confirmation the Divine Commandments ſake, they are now Due and muſt not but be paid, as in Iſrael. Rebus ſic ſtantibus, or as things have paſſed and now are and remain, they are (I ſay) unqueſtionably Thus due by Divine Right. For the Magistrate is Gods 1If an… one ſhall prove troubleſome and ſtir Tumults, Confeſtim opera ac diligentia famuli Dei (meipſnm dico) poenas ſuae inſcitiae dabit: ſays Couſtantine the Emperour. Theodor. Hiſt. Eccleſ. l. 1. c. 20.Miniſter, Every juſt Law His Ordinance, Vox Legis, Vox Dei, and every ſyllable and ſound thereof quickned with an additional ſpirit of divine infuſion, (according to our Scriptures, and as we have from Rom. 13. 1 Pet. 2. and other places.) And ſith then here the Magiſtrate and the Law have proclaimed for them, whither they be due as in Moſes to Iſrael, by the Text of Leviticus, or by vertue of any Goſpel, or the Epiſtle to the Hebrews, ſeems not ſo much material, at leaſt not neceſſarily conſiderable, for as much as though this were conſiderable at firſt, yet now they are Here faſt enough by what the Magiſtrate has done for them by his Vicarious power and ſubſtitute authority. The Powers that are are ſtill ordeined of God, as was alſo ſaid before; He ſticks not to ſet to his Seal to what has been orderly paſt in lower Courts, approving and commanding what they prudently and juſtly do, and it ought not, for Gos ſake, but be obeyed: ſo that whether the general take hold or no, or univerſal, that Where ever the Goſpel is preached this ſhall be part of its obedience, and the Labourer is worthy of this hire, by divine Right; We have here a ſure word of Righteouſneſs, enough whereunto we may do well to take heed, as unto a light ſhining in a dark place, and if Not the General Divine Law, Decima ut Dives fias, or, Non tardabis offerre Deo Decimas, yet the other General is topical, and directly binding in our Meridian and Clime, ſc. that we muſt Do juſtice, That we muſt 2Rom. 1. 3.Render to every one his Due for the Lords ſake: 1Phil. 4. 8.Whatſoever is juſt as well as whatſoever is Pure, 2Matth. 22, 21.To Caeſar the things that are His, and to God the things that are Gods: And Thus The Law of God, (This Law) is thus brought about as quickning and ſo confirming Mans, and the duty hereby to Us moral, even to every Engliſh Chriſtian, becauſe This is ſure ſuch and moſt undoubtedly,3Deut. 16. 20. That which is juſt and right, That O Chriſtian ſhalt Thou do. So the thing be brought about, no great matter which way; As if the Arrow hit the Mark little inquiry how it came thither; Now Divine Authority backing (of which there is enough,) and ſeconding humane Ordinances, The reſt is eaſie, and unleſs for double ſtrength (as ſaid) we have not ſo much need to inquire for a Divine Letter, becauſe we arrive at the ſame point ſafe and ſure in the other way of Humane: for if Man have ſettled, and God commanded to be paid, He have given, and the Magiſtrate, who is Gods Vicar, allow and injoyn payment; Now even for Conſcience ſake that may not be omitted, And whether the Scripture or Nature ſay any thing in the Caſe particularly home, They ſay enough in eſtabliſhing humane Ordinances, (which will bring God along with them,) and Man for God muſt not but pay what Man has ſettled for Gods Commandment ſake. So in this (new) way here is Jus Divinum, or Divine Right ſtil Mediate and Conſequential, but ſure and certain, which perhaps may not be in Virginia or New-England, where the Goſpel may be yet in full vigour, or in Madagaſcar, or Japan, if the ſame holy Rule ſhould there finde obedience; The Climate alters, and ſome particular things done Here, which (I think,) There have not, and thence indeed This difference and Our preferment: And ſuppoſe they, (that is either thoſe remote ſtrangers, or our Brethren at home that Rely on Divine Right in ſcriptis or the very Letter of the Law,) ſhould loſe all with that Letter of Scripture, and their proofs falling ſhort from Text or Reaſon, they therewith fall ſhort of all proof, yet in this Our way we keep enough in derivation of Conſequence, and by Preadvantage of a Civil Title granted and ſettled, we gain alſo another of another ſort, Divine but Mediate, accumulate and laſting, even when the immediate and literal is (in reality or ſuppoſition) taken away
In ſhort, we need not doubt of a Divine Right, Here, with Ʋs, while there is a humane Ordinance prevailing, and a Divine inspired 11 Pet. 2. 13.Apoſtle ſpeaking from God, we muſt Obey every Ordinance of Man for the Lords ſake: The firſt of which has had attempt of plentifull proof, ſubmitted to judgement, and of the laſt no Chriſtian admitteth doubt. Yet ſpeak I not any of this laſt to evacuate or infirm that or their opinion who go another way to ſtabliſh the opinion of Divine Right by their fair and ſolid Arguments from the Text, as if I would withdraw mens mindes from the love and eſtimation of their Gold, pretending here is Silver, and then if this fail after a while they are wiped of both, and have to truſt to Neither: No, theſe are ſeverall, and this Another, but not a contrary or croſs Way pointed to, they do not juſtle but are very well and fairly conſiſtent and compoſeable one with the other, and this prop of Wood may help, if that pillar of Braſs fail (or be miſplaced,) This ſtring may hold, if that chance to break, or perverſe men will not be held by it; And in this additional or ſupplemental way it may be acceptable alſo to thoſe who are more ſtrict for the divine Right immediate, which, be it what it will I keep promiſe of within the Circle of mine own Sphere, Be that, or be it not, This I believe is, and this advantage enough hereby if we have it. To conclude, let the things be conſidered as before alleadged from the parts of the Law diſperſed, Councel interpreting, and (which is moſt material to Expoſition,) the practiſe and Seen Force of the Law thereby, and we cannot from them I think, but conclude, 1. A certainty of Civil Right, and by that bottom of rooted Law, that gives all things. 2. A probability of Divine Right, mediate and conſequential. At leaſt the firſt, and with much aſſurance, Id quod erat demonstrandum.