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A42727 A sermon on the sin of stealing custom, and the duty of paying tribute from the 13. Rom. 7. v. / preached at St. Peter's Exon by John Gilbert ... Gilbert, John, b. 1658 or 9. 1699 (1699) Wing G709; ESTC R40886 10,825 34

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A SERMON ON THE Sin of Stealing Custom AND THE Duty of Paying Tribute From the 13. Rom. 7. v. Preached at St. Peter's Exon By JOHN GILBERT M. A. one of the Canons Residentiary of that Church and Vicar of St. Andrew's Plymouth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrysost Hom. 13. Rom. Majores nostri ideo copiis omnibus abundabunt quia Deo Decimas dabant Caesari Censum reddebant Apud August Tom. 10. Hom. 48. EXON Printed by Sam. Darker and Sam. Farley for Charles Yeo Bookseller 1699. ROM 13 Chap. 7 Ver. Render to all their Dues Tribute to whom Tribute Custom to whom Custom AMONG many other Things with which the Enemies of Christianity aspers'd those who profess'd that pure and holy Religion this was one that they were of implacable and turbulent Spirits and Enemies to the Civil Government For they not complying with the Heathenish Customs of Swearing by the Emperor's Genius Sacrificing for their Safety and Worshipping of them as Deities were represented as Enemies to Caesar and their Religion and Principles as destructive of Government Therefore the Apostles that they might wipe off this Aspersion and that the Powers then in being might not have any jealousie of Christianity as an Enemy to their Authority and Power took frequent occasions to inforce the Duty of Subjection to it and of being Conscientious in the Payment of those Tributes and Customs which were required for the Support of it as we find in the Text. Render to all their Dues Tribute to whom Tribute is due Custom to whom Custom In discoursing on which words 1. I shall shew what is meant by Tribute and Custom 2. I shall consider the Nature of the Command which enjoins the Payment of these Things 3. I shall shew the Opinion of some Eminent Divines concerning the Obligation of this Precept Lastly I shall conclude with a brief Application 1. To shew what is meant by Tribute and Custom And hereby I understand the Legal Taxes Non modô Portoria indictiones sed alios quoque reditus Calv. which are appointed for the Support of the Government under which we live and enjoy Protection and Safety But some are more Critical in the Explication Vectigalia pro mercibus dantur Tributa pro solo capite Grot. of the words and they tell us That Custom denotes the Tax laid upon Trade and Tribute that which is laid on the Persons or Estates of Men. To the like purpose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicitur Tributum quod in capita civium imponitur ●… quicquid alio Nomine solvitur Beza Strigel Aret. Gerhard Beza and others explain these words That Tribute is a Polrate Custom what is payable upon any other account And having shew'd what is meant by Tribute and Custom I come in the 2d Place to consider the Nature of the Est injustum quod Naturae Societatis repugnat Gro●… Command which injoins the Payment of these Things And here it will appear that this is one of the Moral Laws and of universal Obligation Because 1. It hath its foundation in the Nature of Things being a most necessary Means Prima justitia est in Deum Secunda in Patriam Amb. Lib. 1. de off for the common Safety The great Principle or Law of Nature is the Welfare and Happiness of Mankind and whatever is necessary to this we are oblig'd to it by the Law of Nature Now there is nothing more necessary to the Happiness of Mankind than Government But Government cannot subsist and Vectig Tribut veluti firmamento Respub Nititur Bodi de Repub. li. 6. p. 1028. the common Peace cannot be preserv'd without a Power and Force to defend us against the Enemies of it And this Power cannot be maintain'd without Tributes and Customs and hence it is evident the Payment Nec quies Gentium sine armis nec arma sine stipendiis nec stipendia sine Tributis haberi possunt Tacit. of them becomes due by the Law of Nature And the very Heathens were not so blinded with Avarice as we are and by the Light of Nature they were convinced of the Necessity of this Duty and the Obligations we are under for the Practice of it Cicero Subsidium Belli Nervus reipub Orat pro Manl. Tributis Magistratibus denegatis extremam Reip perniciem impendere Liv. Lib. 7. p. 78. stiles Tribute the Support of War and the Sinews of the Common-Wealth And Menenius Agrippa in Levie declares inevitable Ruine must needs follow the denying of Tribute for the Support of Government But 2. The Apostle in the Verse before the Text saith That Governours are God's Ministers attending continually on that very Thing That is they spend their Time and Magistratus Gravissimas curas Labores pro subditorum incolumitate sustinet aequum est ut qualicunque mercedis Loco Tributa persolvantur Ger. de Magist Pol. p. 921. their Strength for the Good of the Common-Wealth they undergo great Care and Trouble are expos'd to great Hazards and Dangers that we may enjoy the Comforts of this Life and sit quiet under our Vines and our Fig-trees And for this cause saith the Apostle pay you Tribute also and in the Text Render therefore Tribute to whom Tribute is due So that the Apostle Tributum non gratuitum sed Redhostimentum Patrei nii Defension●s Freher Dissert inferring this Duty from the consideration of the Industry and Diligence the Care and Trouble which Governours undergo in the discharge of their Office it is an Act of Commutative Justice and upon this account as well as that before mentioned it is a part of the Law of Nature and by which all Men are oblig'd And of this Nature 3. It will appear to be because it is a proof of our Subjection to the Government Suum quod Magistratui jubemur dare sunt Obedientia in Licitis Honestis Reverentia Timor pro ipso Tributa Vectigalia chemnit Loc. Theo. pars 3. p. 231. under which we live It is by the Apostle conjoined with the Precepts for Subjection mentioned in the former Verses and the denying of this Tribute disowns the Authority by which it is injoined So that if Subjection to Government be a moral Duty this must needs be so too And having shew'd that the Duty in the Text is a Branch of the Law of Nature I proceed in the 3d. Place to shew what the Opinion of the most eminent Divines both Ancient and Modern hath been concerning the Obligation of this Precept whether it bind the Conscience for paying those Tributes and Customs which are imposed by Law or not Justin Martyr who liv'd so nigh the Apostles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Orat. Ad. Ant. that he was stiled one of their Disciples in his Apology to the Emperor Antoninus doth not only mention the peaceable Subjection of the Christians to the Emperor their constant prayers for his Health and the Prosperity
The first in his Irrefragable Propositions Bishop Hall's Remains page 348 affirms That no Prejudice of another Man's Right can be so dangerous and sinful as that Prejudice which is done to the Right of Public and Soveraign Authority And the other in his Exposition of the Lord's Prayer declares That he who detaineth any thing page 75 which the Sentence of the Law adjudgeth to another is guilty of Theft and Robbery And thus I have laid before you the Opinion of some eminent Writers among many others that might be mentioned These Authorities I hope will be sufficient especially since there is not any Protestant Author of the contrary Opinion And Vide Amadaeum Guimenium p. 70 though a few of the Romish Casuists may be of another Judgment this I think will give little Reputation to the Cause and as little ease to a Protestant Conscience For Vid. Decret Inno 2do Mart. 1679. Prop. 36 37. these are the Men who have affirmed it is Lawful to Steal in Necessity that Servants may Steal from their Masters when they think their Wages is not sufficient for their Labour and have published other Opinions so impious that they were condemned as Pernicious and Scandalous by Pope Innocent the Eleventh and his Cardinals Now this matter as most wherein the Consciences of Men are concerned may be consider'd with respect to many particular Cases As what Men may be oblig'd to when the Tributes impos'd are excessive and carry no proportion to the end for which they are given as also when we are certain they will be misapplied not to the Advantage and Preservation but the Ruine of those that pay them But I omit the consideration of these and the like cases in which we are not concern'd that I may answer some Popular Objections that are made in Defence of the Non-payment of what the Law requires of us And one is grounded upon an obscure place of Scripture and the Precept of the Text being plain that ought not to be objected but understood agreeably to it However I will briefly consider it And the place is in the 17. cap. of St. Matth. from the 24. v. to the end They that came to receive the Tribute Mony V. 24 came to Peter and said Doth your Master pay Tribute He saith Yes And when they came into V. 25 the House Jesus prevented him saying What thinkest thou Simon Of whom do the Kings of the Earth take Custom or Tribute of their own Children or of Strangers Peter saith unto him Of Strangers Jesus V. 26 saith unto him then are the Children free Notwithstanding lest we should offend them V. 27. go to the Sea and cast an Hook and take up the Fish that first cometh up and when thou hast opened his Mouth thou shalt find a piece of Money that take and give unto them for thee and me Now there is a great Controversy among learned Men What is meant by this Tribute whether it was the half Shekel that was paid to the Temple or some other Tribute exacted by the Roman Emperor Whatsoever it were it matters not much to the purpose for which it was objected Christ only mentions a Priviledg he might claim for Si censum Dei filius solvit quis tu tantus es qui non putes esse solvendum Ambr. Redite quae sunt Caesaris Caesari id est Nummum Tributum c. quomodo ipse reddidit Tributa pro se Petro Hier. in Loc. himself and his Domestics as he was the Son of God And I never heard of any that objected this Scripture as exempting Men from paying just and legal Tributes but the Pope and his Clergy and the German Anabaptists And several of the Fathers were so far from thinking this place would justify the with-holding of Tribute that they inforce the Payment of it from this very Passage And there is as little weight in another Popular Objection as in this That the Laws injoyning Tribute are Penal and the Suffering of the Penalty when inflicted satisfies the Law For Penalties are annexed to secure Lex poenalis eo fine lata est ut metu poenae Subditi cogantur ad officium Dr. Sand. Praelect 18. p. 313. Obedience to Laws and cannot justify us in the Breach of them And therefore when Lucius Neratius gave every one he met a Box on the Ear and withal paid to every one Twenty Five Asses which was the Penalty imposed by the Law of the Twelve Tables Homo imprebus atque immani v●●ord â Aul. Gel. Noct. At. p. 608. He was notwithstanding this judged to be a most vile and wicked Person And this being a Duty by the express Command of the Law of God as well as that of Nature it is absurd to imagine the Obligation to it can be taken off by Suffering the Penalty annexed by a Humane Law I come now to the APPLICATION the Last Thing Promised 1. To those who have Transgressed this Command in the Text by injuring the King in with-holding what by Law and Right belongs unto him 2. To those who have not been guilty of these public Frauds but have conscientiously rendered to Caesar the things that are Caesars as well as to God the things that are Gods And Last To those who are concerned in receiving these Tributes in the Text or are in any Place or Office by which they are intrusted with any part of the Public Revenue 1. To those who have transgress'd this Command in the Text injuring their King and their Country by with-holding what is given by Law for their Security and Support Bishop Latimer a famous Prelate and Martyr of our Church in his Sermon on those words Render to Caesar the things that are Caesars affirms the King hath as good p. 206. right to what is given by Parliament as to any Inheritance stiles those Thieves who with-hold it and denounceth the Damnation of Hell against them And this Doctrin had such influence upon his Auditors that several Hundred Pounds were brought to him for Restitution of Wrongs of this Nature done p. 113. to the King and which he faithfully paid to the Exchequer And though I have small hopes this weak Discourse should have the same Success yet I must do my Duty and leave the Success to God and your own Consciences If the Public be capable of a Property if the King have as true a Right to what is given by Law as a Private Man to what he enjoys by Inheritance or Purchase then have we the same obligation to make Restitution for public as private Frauds Let therefore the Necessity of Restitution be applied to engage to the one as well as the other If in this we are defective Non agitur Paenitentia sed Fingitur we do not practice Repentance but dissemble and counterfeit it all is but as the Sackcloth of Ahab and the disfigured Face of a Pharisee When we have done wrong to any one we