An Item Against Sacrilege, Commentary
AN ITEM AGAINST SACRILEDGE: OR, SUNDRY QUERIES CONCERNING TITHES.
Wherein is held forth, The Propriety and Title that Miniſters have to them. The miſchiefs which would enſue if Tithes were brought into a common Treaſury, and Miniſters reduced to Stipends. The danger of gratifying the Petitioners against Tithes, and all impoſed Maintenance.
Collected, and compoſed by one that hath no Propriety in Tithes.
ROM. 2. 22.
Thou that abhorreſt Idols, Doeſt thou commit Sacriledge?
LONDON,Printed byAbraham MillerforThomas Ʋnderhillat the Anchor and Bible inPaulsChurch-yard, near the little North-door. 1653.
CERTAIN QUERIES Concerning the PROPRIETY and RIGHT OF The Miniſtry of England TO TITHES.
1. WHether the Miniſtry of England hath not as good a Propriety in Tithes, as Noblemen, Gentlemen and Free-holders have in their Lands? The Reaſons of this Query are,
1. Becauſe Ethelwolph ſonne of King Egbert (who had brought the Saxon Heptarchy into a Monarchy) had all See S. Hen. Spelmans Councils. anno 855.the Lands in England for his Demeſne, as is acknowledged by Sr Edward Cook in his Commentaries upon Littletons Tenures, and conferred the Tithes of all the Kingdom upon the Church, by his Royal Charter dated Anno 855. in theſe words, King Ethelwolph by the conſent of his Prelates and Princes which ruled in England under him in their ſeveral Provinces, did enrich the Church of England with the Tithes of all his Lands and Goods by his Charter Royal, &c. Adding in the end, That who ſo ſhould encreaſe the gift, God would pleaſe to proſper, and increaſe his dayes▪ But if any ſhould preſume to diminiſh the ſame, that he ſhould be called to an account for it at Gods judgement ſeat, &c. And this he did not only as Lord Paramount, but as Proprietary of the whole Land, the Lords and great men at that time having no property or eſtates of permanency, but as accountants to the King, whoſe the whole Land was, and yet they alſo gave their free conſents, which the King required, that thereby they might be barred from pleading any Tenant-right; as alſo to oblige them to ſtand in maintenance of Tithes againſt all pretenders.
2. Becauſe the people can have no Right or Propriety in them; for they never bought or paid for them: Neither could they come by Inheritance; For that which was not their fore-fathers could not deſcend to them: Neither came they to them by Donation, which they can never ſhew.
2. Whether it be agreeable to Piety, Prudence, Juſtice and Equity to alienate Tithes from the Miniſtry, which have been ſo freely given by our own Chriſtian Kings out of zeal to advance Gods glory, confirmed by many Acts of Parliament, oft times renued, and reiterated, as by Magna Charta thirty times confirmed, and many other Statutes ſince, yea by the Text, and Body of the Common Law, which affirms Tithes to be due Iure Divine, as Sr Edw. Cook teſtifies in the ſecond part of his Reports.
3. Whether the inconveniences and evils can poſſibly be foreſeen, which will enſue upon the alteration of ſuch Fundamental Laws of this Nation, as have continued in force through all changes for above a thouſand years together?
Tithes have been given to the Church for maintenance of Gods word and Miniſtrs, with a curſe to all ſuch as ſhould alienate them.
4. Whether it is agreeable to Piety and Prudence, to pull them from God, to rend them from his Church, to violate the Dedication of our Fathers, the Oaths of our Anceſtors, the Decrees of ſo many Parliaments, and to expoſe our ſelves to thoſe horrible curſes which the body of the Nation hath obliged it ſelf to, in caſe they conſented to the alienation of the ſame? as Nehem. 10. 32, &c.
5. Whether it be not more then probable that the Miniſtry hath had a propriety in the Tithes in all Chriſtian Churches, ever ſince Chriſtians had a propriety in Orig Hom. 11. in Num. Cypr. epiſt. 66.their eſtates; ſince Origen and Tertullian, who lived not much above two hundred years after Chriſt, tell us, That the community amongſt Chriſtians was not wholly ceaſed in their time, and yet where it was, the Tithes were paid?
6. Whether it be not Sacriledge to alienate Tithes from the Church, having been dedicated and conſecrated unto God, either by the voluntary conſent of Churches, or by Donation of Princes? Seeing what is voluntarily conſecrated by man, is confirmed by God, and may not be alienated, Levit. 27. 14, &c. which Law is the ſame under the Goſpel, as appears in the example of Ananias, Acts 5. 3. whom Peter arraigns and God condemns, for this very Sacriledge: Why haſt thou (ſaid Peter) kept back part of the price of the Land? Whilſt it remained (viz. unſold) was it not thine own? and after it was ſold, was it not in thine own power? viz. to have conſecrated or not conſecrated it, ver. 5. And Ananias hearing theſe words, ſell down and gave up the ghoſt.
7. Whether it is not againſt the light of Nature, and cuſtome of all Nations, to diſanull the Will of the dead? Gal. 3. 5. Brethren, I ſpeak after the manner of men, though it be but a mans Covenant (or Teſtament) yet if it be confirmed (viz. by the death of the Teſtator) no man diſanulleth it, i. e. no man ought to diſanull it. Therefore Tithes having been given by Teſtament, confirmed by the death of the Teſtators, Is it not againſt the light of Nature, and cuſtom of all Nations to alienate them, Heb. 9. 16, 17. For a Teſtament is of force after men are dead.
8. Many Impropriations having been reſtored to the Church by godly Noblemen and Gentlemen, and others having been bought in and ſetled in the moſt legal way that could be deviſed upon the Miniſtry; Is it not againſt all Juſtice and Equity to take them from the Church again? And will it not diſcourage all men for the future from works of Piety and Charity when they ſee them thus perverted?
9. Whether it be not more then probable that there was a poſitive Precept given by God to the Fathers for the giving to him the tenth part of their ſubſtance, as he had formerly required the ſeventh part of their time? And whether do not the examples of Abraham and Iacob ſo readily giving their tenth, evince this? Or without ſuch a Precept, Had it not been will-worſhip in them? And do not ſuch poſitive Precepts (if unrepealed) binde all to the end of the world? as we ſee in the caſe of the Sabbath.
10. Whether Tithes, as an honouring of God be not enjoyned in the firſt Commandment? As they tend to preſerve the publike worſhip of God, in the ſecond and fourth Commandment? And as maintenance to the perſors of Miniſters, in the fifth Commandment? being part of the honour due to ſpirituall Parents.
11. Whether Tithes can be called Antichriſtian, which were paid ſo long before Antichriſt time? And when Antichriſt [the Popes of Rome] were the firſt that durſt take upon them to alienate them from the Church, by granting Exemptions, Appropriations, &c. thereby robbing the Church and Pariſh Miniſters to gratifie the This alſo is juſtified by …llar…, decleric…, l, …, c. 25.Monks and Friers? And whether Alexander of Hales and Thomas of Aquin (who lived about four hundred years ago) were not the firſt that pleaded for theſe alienations made by the Pope? And whether they were not the firſt that to juſtifie the Popes proceedings, pleaded that Tithes were Jewiſh?
12. Whether theſe Scriptures do not concern Chriſtians, as well as they did the Iews? Prov. 3. 9, 10. Honour the Lord with thy ſubſtance and with the firſt fruits of all thine increaſe: So ſhall thy barns be filled with plenty, and thy preſſes ſhall burſt out with new wine. Prov. …0. 25. It is a ſnare to devour that which is holy, and after the vow to make enquiry. Prov. 23. 10, 11. Remove not the old Land mark, and enter not into the field of the fatherlesse: For their Redeemer is mighty, and he ſhall plead their cauſe with thee. And Sr Edw. Cook ſaith in his Inſtitutes, Our Law-books teach us, that Inſtit. 2. c. 1.the Church is ever underſtood to be under age, and to be as a Pupil and Fatherleſſe: and that it is not agreeable to Law or Right that ſuch ſhould be diſ-inherited. Mal. 3. 8, 9, 10, &c. Will a man rob God? yet ye have robbed me: But ye ſay. Wherein have we robbed thee? In Tithes and in Offerings Ye are accurſed with a curſe: for ye have robbed me, even this whole Nation. Bring ye all the Tythes into the …ore houſe, that there may be meat in mine houſe, and prove me new therewith, ſaith the Lord of heſts, if I will not open you the windows of heaven, and pour you out a bleſſ…g, that there ſhall not be room enough to receive it: And I will rebuke the devourer for your ſakes, and he ſhall not deſtroy the fruits of your ground, neither ſhall your vine caſt her fruit before the time in the field, ſaith the Lord of hefts: And all Nations ſhall call you bleſſed: And ye ſhall be a delightſome Land, ſaith the Lord of hefts.
13. Whether thoſe Texts in the New Te…ment do not prove, that to Goſpel-Miniſters belongs as large, if not larger maintenance then to the Levitical Prieſthood, as their Miniſtry is more excellent, and the bleſſings conferred thereby are 2 Cor. 3. 6, &c.greater. Luk. 10. 7. The labourer is worthy of his hire. 1 Cor▪ 9. 4. Have we not power to eat and to drink. ver. 6. &c. Or I only and Barnal as, have not we power to forbear working? Who goeth to warfare any time at his own charges? Who planeth a vineyard and eateth not of the fruit thereof? Or who feedeth a flock and eateth not of the milk of the flock? Say I theſe things as a man? or ſaith …t the Law the ſame? For it i… written in the Law of Moſes, Thou ſhall ne… muzzle the mouth of the Ox that treadeth out the corn. Doth God take care for Oxen! Or ſaith he it altogether for our ſakes? For our ſakes no doubt it is written: that he that pleweth ſhould plew…n hope: and that he that threſheth in hope ſhould be partaker of his hope. If we have ſewn unto you ſpiritual things, Is it a great thing if we ſhall reap your carnal things? ver. 13. 14 Do ye not know that they which miniſter about holy things, live of the things of the Temple? And they which wait at the Altar, are partakers with the Altar? Even ſo hath the Lord ordained that they which preach the Gospel ſhould live of the Gospel. Gal. 6▪ 6. Let him that is taught in the word, communicate to him that …ea…keth in all good things. …hil. 4. 17. Not that I deſire a gift, but I deſire fruit that may abound to your account. 1 Tim. 5. 17, 18 Let the Elders that rule well be countedworthy of double honour, eſpecially they who labour in the Word and Doctrine. For the Scripture ſaith, Thou ſhall not muzzle the Ox that treadeth out the corn: And the labourer is worthy of his reward▪
14. Whether to ſpeak of a ſufficient maintenance without Tithes, be not a meer fancy, that never was, nor (as I believe) ever will be brought into action? And whether it would not trouble the wiſeſt men that are, to name a ſtipend that would be ſufficient at all times, as Tithes are; which proceeding from the wiſdome of God, cannot be matched, much leſſe bettered by mans wiſdome?
15. Whether be not Tithes the fitteſt maintenance for the Miniſtry, ſeeing hereby they partake with the people in times of plenty, which will more inlarge their hearts in thankfulneſſe; and ſuffer with them in times of ſcarcity, which will more affect them with ſenſe of Gods judgements? for that when natural affections concur with ſpiritual, they are more active and vigorous.
16. Whether the practice of the Heathens, which uſed to give a Tenth to their Gods, will not riſe up in judgement againſt Chriſtians, if they rob God of the Tenth vvhichwhich their Predeceſſors have given to him?
17. Whether the judgement of ſo many eminent Divines as have held it Sacriledge to alienate that from the Church which was once conſecrated to God, ſhould not lay a reſtraint upon all men from practiſing that which is ſo hazardous and ſcandalous? That it is Sacriledge, is the judgement of Calvin, Polanus, Kickerman, Perkins, with many others.
18. Whether all or moſt of the Arguments bent againſt the morality of Tithes, do not equally militate againſt the morality of the Sabbath? as Dr Sclater hath ſhevved in his parallel in the end of his book of Tithes.
Certain Queries concerning bringing Tithes into a Common Treaſury, and reducing Miniſters to ſtipends.
1. IF Tithes ſhould be brought into a commoon Treaſury, and Miniſters paid out thence, whether would our Country-men, that ſay Tithes are ſuch an intolerable burden, be any whit eaſed? Yea would they not be more burdened by how much their Tithing would be looked more narrowly into?
2. Would not the trouble of Miniſters be far greater, being enforced to ſend or go from Market to Market for every buſhel of Corn or Mault, &c. that he ſpends in his houſe?
3. If a dearth come, would it not tend to the ruine of many Miniſters families, who will be forced to ſpend more in a quarter then they receive for their half years allowance?
4. If things ſhould riſe in the price the next hundred of years as they have done the laſt, how ſhall Miniſters be then able to live upon theſe ſtipends?
5. How many Officers muſt there be imployed in every County to bring the Tithes into a common Treaſury, all which, either in whole or in part, muſt be maintained out of them? And how will this curtail the Miniſters ſhare?
6. What attendance muſt Miniſters give quarterly, or each half year, upon the Truſtees or Treaſurers in every County, till they have liſt or leiſure to pay them? What trouble, journeys and expences will this put them to? How will they be enforced to bribe, and pay for expedition, or to be fobbed off with baſe and clipt money? or to be forced to take wares for their money, if the Treaſurers be Tradeſmen; as many have been ſerved of late in the caſe of Augmentations?
7. Will not Miniſters hereby be caſt upon tentations, to ſpeak onelyonly pleaſing things (like Trencher-Chaplains) leſt their ſtipends ſhould be taken from them?
8. Can it be expected that Miniſters can or will be ſo liberall to the poor, and given to hoſpitality when they buy all with the penny, as when they have it in Tithes?
9. Will not ſuch as bear the bag, and upon whom the Miniſters muſt depend for their ſubſiſtance, Lord it over them with pride and contempt enough? as bad, or worſe then the Biſhops and their Chancellors did?
10. Though ſuch as are of the beſt repute in each County ſhould be choſen out to be the Treaſurers, yet do we not ſee by daily experience, how men are miſtaken in judging of the honeſty of others? And how many men fall from their former principles of honeſty? and that if neither of theſe ſhould be ſo, yet how apt ſtanding waters are to putrifie?
11. If contentious ſuits have been betwixt Miniſters and People about Tithes, hath it not for the moſt part ariſen from the peoples covet…uſneſſe, pretending c… ſtoms, preſcriptions, or compoſitions, to defraud the Miniſters of their due?
12. Were not Patrons at the firſt made choice of to defend the Miniſters right againſt the fraud and injuſtice of the people? And may not the wiſdome of the Parliament finde out the ſame, or ſome ſuch like courſe, whereby the Miniſter ſhall neither be ingaged in contentions with his people, nor troubled with avocations from his ſtudy thereby?
13. May there not ariſe as many or more quarrels in caſe Tithes be brought into a common Treaſury, whileſt ſome pretend conſcience, and ſo will pay none at all; others think themſelves over rated; others think that the Tradeſman, who gets more by his Shop then they do by the Plough, ſhould bear an equal ſhare in this common burden? And who then ſhall take courſe to enforce ſuch to pay? If the Treaſurers in the Country, ſurely they will prove but cold Solicitors in anothers cauſe. But ſuppoſe they do ſtir, they muſt ſpend out of the common ſtock; and ſuch ſuits being like to be many, eſpecially in ſuch times as theſe, how will the Miniſters ſtipends be curtailed thereby? Beſides, may it not be ſuppoſed, that they which ſpend of other mens purſes, are like to cut large thongs out of others hides?
14. If the Countryman ſhall pay a rate in money for his Tithes, will it not come far more hardly from him? even like drops of bloud, money being uſually very ſhort with them. And will he not think it far eaſier to part with a cock of Hay, or a ſheaf of Corn, or ſuch a ſmall thing, then to part with ſo much money as his whole Tithes may come to, once or oftner in the year? And how little will he think himſelf eaſed hereby?
15. If Tithes be brought into a common Treaſury, when a Living is worth two, three, or perhaps four hundred pounds by the year, a great part of it will be diſpoſed of to other places, and will it not certainly be a great grief to the people, that their Tithes ſhall go to they know not whom? certainly to ſuch as neither feed their ſouls with the bread of life, nor their bodies with the ſtaff of bread? And will not their poor want that relief, and themſelves that entertainment which they uſed to have at their Miniſters houſe, to the aggravation of their diſcontent?
Certain Qeries concerning our late Petitioners against Tithes, and an impoſed Maintenance.
1. VVHether have we not cauſe to ſuſpect, that thoſe perſons which petition againſt Tithes and an impoſed Maintenance, are acted by Jeſuites, who cunningly creep in amongſt them, ſeeking hereby to overthrow the Engliſh Miniſtry, which hath ſo ſtrongly oppoſed them, both by word of mouth and writings? And the rather, becauſe of that Scottiſh Jeſuite, who lately turned Anabaptiſt, and I have good information that there are lately come over 100. Ieſuites that have their frequent meeting in London to drive on this deſign.upon examination at Newcaſtle confeſſed that he was ſent over for that end. Beſides ſome other like examples which might be eaſily produced.
2. Whether can ſuch Petitioners be rightly ſtiled the godly and well-affected of the Nation, who ſtrive hereby to bring the greateſt judgement upon the Nation that ever did, or can poſſibly befall it? viz. A famine of the Word, Amos 8. 11, &c. And the removing of our Teachers into corners, Iſa. 30. 20.
3. Whether have vve not cauſe to believe that the far greateſt part of the Gentry, Yeomandry and commons of the Land, that have Tithes to pay, are deſirous to have them continued to the Miniſtry: ſeeing ſo many thouſands of them out of a few Counties petitioned the late Parliament for the ſame: And no doubt but many thouſands more out of every County would do the like, if they had the leaſt encouragement thereunto.
4. Whether if Tithes were wholly taken away, would the generality of the people be at all eaſed, ſeeing both Purchaſers and Tenants muſt pay ſo much the more for their Land?
5. Whether can we imagine that the Parliament, that hath ſo lately declared to the world, That they will be exceeding tender of every ones Liberty and Property, will now ſo ſoon after take away the Propriety of all the Miniſtry of England at one blow, to the ruine of ſo many thouſand Families for the preſent; to the diſcouragement of Parents from bringing up their Children to the Work of the Miniſtry for time to come, and ſo to the indangering of the removall of the Goſpel from amongſt us?
6. Whether would not theſe Petitioners (if Tithes were removed) cry out and complain as much of the tyrannicall oppreſſion and burden of Rents, as the Anabaptiſts in Germany did, and ſo never be quiet till they have levelled all things?
—Si non proſunt ſingula multa juvant.
FINIS.
End of the text · Samuel Clarke, An Item Against Sacrilege (1653)