right to the

tenance is to

be traced.

render the claim operative and effectual against other individuals. St. Paul has expressly said, that the "sowing of spiritual things How the im"gives right to reap carnal things, and that those, who are of mediate "the altar are to live by the altar." Now no one can have a right gospel mainto sow spiritual things, and to administer to the faithful at the altar, without apostolical mission or true and valid spiritual jurisdiction, which I have endeavoured before to shew cannot be conferred by the civil power, but is holden by a higher title. The claim, which by divine right a governor of the church of Christ, and those whom he employs under him in the ministry, have to a gospel maintenance operates only upon those, over whom he has a mission, "to whom he sows the spiritual things:" and this attaches upon his whole flock equally, proportionably, and unexceptionably, whereever the necessity of the contribution arises. But the divine right to this contribution of a minister's own flock under the actual necessity of the case obliges neither legislators nor individuals to supply the means of preventing that necessity from falling upon any particular flock. Christ's ordinance was to the faithful to provide in case of need for their own spiritual governor or minister, not to states or individuals to prevent that ordinance from becoming, as St. Paul says, " burthensome to others." Nothing certainly can be more laudable and desirable, than a regular fund appropriated to the support of the ministers of the gospel, in order to prevent the necessity of individuals contributing towards it pro ratâ, in compliance with the injunctions of the ordinance: but every fund so appropriated still retains the nature of the property, of which it consists; and this essentially is to be a creature of the civil power and consequently to be under its controul; it cannot then be inalienable by the civil power. The absolute inalienability of property would take it out of the controul or power of the civil magistrate: and yet there can be no other disposition of property but mediately or immediately by the supreme power of the state, which is that of the civil magistrate.

risdiction

pel mainte

The consequence of these premises is, that the divine ordinance Spiritual jufor maintaining ministers of the gospel extends only to those parti- alone gives cular church governors and ecclesiastical ministers, to whom the du- right to gosty of spiritual submission and obedience is due; that the temporali- nance. ties of bishops, and tithes and other maintenances and stipends of their inferior clergy, whom they institute or appoint to work in the vineyard under them are established by the state, in order to prevent the operation of the precept upon individuals. But this idea of substitution or prevention is only applicable to such church lands,

Church and

those who

tual jurisdic

stitution for

gospel maintenance.

revenues, or immunities, as are possessed by those, who might without them have claimed the benefit of the precept: and nothing but real spiritual jurisdiction, as we have seen can support this claim. A great part of church lands in this nation formerly belongabbey lands ed to abbeys, monasteries, and convents of religious men and woenjoyed by men, who having no mission to administer the gospel to any partihad no spiri- cular set of christians, had no spiritual jurisdiction over any part of tion, no sub- the flock of Christ, consequently no divine right or claim to a maintenance under the christian ordinance. The lands therefore, which they possessed exempted no individuals from the necessity of contributing to their minister in case of distress and poverty; for the appropriation of ecclesiastical property can only operate as an exemption from the precept, when the provision is immediately applicable to the person, to whom the divine right or claim would otherwise have accrued. Hence it follows, that all ecclesiastical property or church revenue is a part of the national fund; and the supremum et altum dominium of it is in the supreme civil magistrate of each nation, as trustee for the nation. Such civil magistrate is obliged to apply the fund in such manner, as the nation wishes and directs; so as thereby to promote and preserve their happiness and welfare, which is the sole object of his delegation or trust. Almost all theological writers hold, that ecclesiastical immunities are not holden jure divino; but jure humano: that is, were granted to the clergy by the state; without which grant therefore they would not have been entitled to them. But what mean these immunities? That the clergymen enjoying them shall be exempted from contributing out of their livings to the exigencies of the state, by paying taxes and other impositions. num of pro- Now the power or right of levying taxes, is that of diminishing the property, out of which they are levied : but no one can diminish property, but he who has the supreme dominion over it: therefore, if the civil magistrate can diminish when and how much he thinks proper out of the revenues of the church, it is a demonstration, that he enjoys the supreme dominion over that, as well as over all other taxable property in the nation.

The right of taxation im

ports the al tum domi

perty.

General du

governors.

If tithes were claimable jure divino, the obligation of paying ty of church them must be uniformly, universally and indispensably binding upon all christians for the divine institution of the christian religion is not only universal, or catholic in extending its different effects to all individuals, but in its aptitude to all possible forms of civil government and policy; in so much that it would border on impiety to assert, that state reason and policy could in any instance lawfully and validly supersede the obligations of a divine institution.

It behoves us then to enquire not only, in what this divine institution consists, but in what manner its observance has been enjoined and practised by the church of Christ from the foundation of christianity to the present day: for the office of the church governors, who are the lawful successors of the apostles, is not merely to teach and explain the christian doctrine, as Christ revealed it, but to inspect and inforce by spiritual means the practice of those divine institutions, which he established when upon earth. Now these church governors, more generally called overseers

verned must

ed.

cannot see to their flocks' performance of their christian duties, unless those duties be defined and ascertained: nor can the flocks conscientiously perform their duties, unless they be clearly and specifically known to be enjoined. In order there- The duties fore to fulfil this duty assumed to be enjoined by divine institu- of the gotion, a man must know what portion of his property he must be ascertainannually or otherwise deprive himself of; whether he should give more of one sort of property than another: to whom he ought to pay or apply it: whether the divine obligation operate upon him differently in different dioceses or countries, and whether he can be validly exempted from it by the civil power either wholly or in part in a word, whether any act of the civil magistrate can subject particular individuals to an obligation of divine institution, which Christ never imposed upon all mankind.

tithes a

It is allowed by every believing christian, that tithes were due The pay. by divine right to the priests of the old law: they were defined and ment of ascertained the times of payment were regulated, and the per- mongst the Nor is it to be denied, fically as Jews speci sons known, to whom they were due. that many holy fathers, doctors, and divines of prime respectabi- certained. lity have holden, that tithes were enjoined as forcibly (even more so) under the new, than they had been under the old law. Yet it must be allowed, that their opinion is supported only by argument of analogy and expediency: for there occurs not in the New Testament one single instance of any mention being made of the payment of tithes to the priests of the new law. The authorities however of the divine right of tithes are such, as ought not to be passed over slightingly, much less contemptuously.

St. Jerome says, "That which we have said of tithes and first "fruits given by the people of old to the priests and levites, "do you understand also of christian people, to whom it is com"manded not only to give tithes and first fruits, but to sell all "and give it to the poor, and follow their Lord and Saviour. "Which if we will not do, at least let us imitate the beginnings

Grave opipions for

the divine

right of

tithes.

St. Jerome.

Council of Hispalis.

men

"of the Jews, giving to the poor a part of the whole, and paying due honour to the priests and levites; and he that doth not St. Augustin.this, manifestly cheats and deceives God." St. Augustin, says, "Tithes are required as a debt, and he that will not "give them invades another's right, though you be not husbandand have no fruits of the earth, whatever trade you live by, it is of God, who requires tithe of whatever is your liveli"hood, whether war, merchandise, or some handicraft trade, "&c." It was holden by the council of Hispalis, "That rich "and poor do rightly offer all the first fruits and tithes as well of "cattle as of first fruits unto their churches: for the Lord saith "by by the prophet, Bring ye all the tithes unto the store house,' (Mal. iii.) Let every husbandman and artificer justly tithe the profit of his labour: for as God gave all, so he requires tithes "of all of the fruits of the field, of all food, of bees honey, "lambs fleeces, cheeses, swines, goats, cows, and horses both great and small; and if any tithe not these, he robs God and "is a thief; yea the curses of Cain are laid up for him, that doth "not rightly divide t.”

Comber.

Selden contra.

Council of
Mascon.

Mr. Selden denies the authenticity of this canon of the council of Hispalis; but, be it genuine or spurious, the old collectors and compilers of these ancient canons, Garcius, Birmius, Ivo, Burchard, &c. prove the belief of the substance of it to have been very early in the christian church.

A very staunch advocate for the divine right of tithes, says, "Selden wishes not to suppress the fact of the prevalence of the earlyconviction of the divine right of paying or applying some por"tion of one's property to the maintenance of the ministers of the

gospel; though he hold no specific portion was fixed or deter"mined by the law of Christ ." "But among the known and "certain monuments of truth, till about the end of this four hun"dred years, no law pontifical or synodal (saving that of Mascon) "determines or commands any thing concerning tenths: although ve

ry many are,which speaking purposely and largely of church revenues, oblations, and such like could not have been silent of them, "if that quantity had then been established for a certain duty." This council of Mascon, which was holden about the year 586.' (Con. 2. Matiscon, can. 5), says, "The divine laws taking care of the priests and ministers of the church for their hereditary portion, In Mal. iii. tom. 5. 641. + Aug. de Temp. Serm, cexix. tom. xx. p. 235. Selden's Hist. of Tithes, p. 61. & Comber on Tithes, p. 94. 5. Hist

of Tithes, p. 62.

have commanded (præceperunt) all the people to pay the tithes tenths, (decimas, of their fruits to holy places, that being hindered by no labour through illegitimate things, they may duly attend to their spiritual ministry; which laws the whole society of christians have for a long time kept inviolable; wherefore we decree, that the whole people bring in their ecclesiastical tithes, which the priests applying for the use of the poor or redemption of captives, may by their prayers obtain peace and safety for the people:" and as it is apud Binnium, (tom. ii. par. 2. p. 269.) "If any be contumacious to this our wholesome order, he shall be for ever excommunicated."

brose.

St. Chry

sostom.

St. Ambrose speaks, if possible, still more explicitly: "What St. Amis it to pay tithes faithfully, but that you never offer the worst nor the least to God, either of your corn, wine, fruit trees, cattle, as your garden, your merchandize and your hunting. Of all the substance, which God hath given a man he hath reserved a tenth part to himself: therefore it is not lawful to retain that, which God hath reserved for himself." St. Chrysostom's words shall close my quotations from the fathers' opinions upon the diwine right of tithes: "When the artificer sells any thing of his art, let him pay a first fruit of honorary acknowledgement out of it unto God; let him cast a small part to him, for I require no great matter, but so much as the Jews (who were infants in religion, and loaden with many sins) paid; let us that expect heaven do as much. I speak not this as making a law, or forbidding to give more; but requiring that less than a tenth be not consecrated; and not the seller only, but the buyer must do this. This rule they also must observe in their profits, who are possessors ef fields; this must be observed by all, that gather any just inCrease t."

ment to be

These authorities of the fathers for the divine institution and What judg right of tithes are more pointedly confirmed by councils, decretals, formed on and canons : "Ille quippè decima solvendæ sunt, quæ

debentur ex

the authori ties of the

lege divinâ, vel loci consuetudine approbate ." Those tithes are fathers, retessarily to be paid, which are due either by the divine law or approved custom of the place §. God commands them (tithes) to be paid in token of his universal dominion | they are due by divine. Constitution and divine command ."

+ Chrysostom, tom. v. p. Conc. Lat. can. 53. Ind. Decret. 1. 3. tit. 39. c. xxvi. p. 1341.

Amb. Serm. xxxiii. Ser. 11. post Dom. I quad. 4. Hom. x'ii. in. Ep. 1 ad. Cor. c. xvi. p. 534. apud Blo. tom, iii. par. ii. p. 692. 13. c. xxv. p. 1339.

Ibid. c. xxvi. p. 1342.