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A61092 The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author.; Tithes too hot to be touched Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.; Bigod, Francis, Sir, 1508-1537. 1647 (1647) Wing S4928; Wing S4917_PARTIAL; ESTC R21992 176,285 297

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not made But to come to this we are in hand with Let us see why this was allotted to God above others and what part in reason is due unto him Reason tels us certainly the best and the choicest therefore he refused the unclean beasts the lame and the blemished things for as he is best worthy so he requireth the best of every thing the bloud of the sacrifice because it was the life the fat because it was the perfection of it to be short the number it self allotted to him the tenths I mean if the mysteries thereof be opened tels us both why it was yeelded and why above other he should require it It is said to signifie the first and the last the beginning and the end it is finis simplicium numerorum initium compositorum the end of simple numbers and the beginning of compound the first articular number the last number of single denomination The number wherewith the progresse of numeration running as it were circularly always endeth and beginneth again Repraesentat saith Bartholomeus merito ipsum Christum qui est A Ω principium finis that is it worthily representeth Christ who is Alpha and Omega the beginning and the end In these and such other respects it is also said to be like a circle the greatest and the perfectest body in Geometry having neither beginning nor ending as other Attributes of God Hermes justly named Trismegist labouring to describe God by the most significative resemblance that mans wit could attain unto said God is like an imaginary circle or sphere whose center is every where and whose circumference no where meaning infinite and beyond extent And as the circle a sphere of all forms and bodies is most spacious and of greatest capacity comprehending all other and it selfe comprehended of none so the number of 10. comprehendeth all numbers and is it selfe comprehended in none of them neither is there any number beyond it but that riseth out of it Decas saith Saint Ambrose numerum omnem complectitur It is the foot and base whereon all of them are founded and it containeth not only all dimensions but to be short all the reasons of Arithmetick Geometry and Musick Therefore Philo Judaeus saith they that first gave names unto things for they were wise seem to me to have named decadem that is the number of 10. quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. capacem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à capiendo quod capiat amplectatur omnia genera numerorum rationum ex numeris collectarum proportionum harmoniarum rursus concentuum proprie appellasse i. e. of taking or comprehending for that it taketh or comprehendeth all kindes of numbers of reasons gathered out of numbers of proportions harmonies and concordances In this manner the number of 10. representeth unto us as such things may the nature of God the perfectest the greatest comprehending all and comprehended of none the beginning and the end yet infinite and without beginning or end So that this number 10. this tribute money in question hath in the respects before alledged the apparent image of God and therefore let us see whether it hath his inscription or not for sure if it hath his image or inscription it is due unto him by his own words his own argument The Hebrews from them the Graecians expresse it by the letters that begin his greatest and essentiall name Jehovah that is ● ● jod iota The Romanes and wee of the Western parts of the world one while by the letter X another while by the figures 10. All know that the letter X signifieth ten and the learned also know that it likewise signifieth the name of Christ for commonly in ancient times and to this day in many books it is so written X ' or X● Xi Xo Xm for Christus Christi Christo Christum and in like manner for decimus decimi decimo decimum in the time of the Law it was marked with the letters of the Fathers name in the time of grace with the Sons name Yet the truth is that the letter X thus used for the name of Christ is no Latine letter but borrowed from the Greek where it signifieth Ch because it represents not onely the name but the Crosse of Christ in which the Latin letter X as the number and character of ten hath also much hieroglyphicall signifition To come to the Arithmeticall figures that expresse it which are the figure of 1 and the cyphero 1 signifieth the same that Alpha doth in Greek that is one The cypher o presenteth to us Omega for Omega is no more but great O and in ancient time was noted onely by circle or cypher and in effect still is so that 10. in figures expresseth A and Ω. As A is the first letter in the Greek Alphabet and Ω the last so in the Alphabet of Arithmetique the figure of 1 is the first and the cypher o is the last therefore in like respect the figures of this number of 10. signifieth the first and the last the beginning and the end But as the cypher o in this respect signifieth the end so we must mark that it is a circle and hath no end Being therefore joyned to the figure of 1 which signifieth the beginning it sheweth unto us that the beginning is without end the end it self without beginning or end both infinite without any limit The first character in the figure of 10 viz. 1. begetteth al numbers for it is semen numerorū is begotten of none so that it is unus omnis one and all and so do the very figures signifie in notis antiquorum according to Valerius Probus P. Diaconus Therefore to conclude it hath both the image of God in signification of his nature and the inscription of his name in the frame of the characters and figures In all languages and with all Nations after one manner or other as though nature her self had taught them that this part belongeth to God which by no wit or any learning can be applied to or found in any number between 2 and millions of thousands Reddite ergo quae sunt Caesaris Caesari quae sunt Dei Deo Give unto Caesar the things which are Caesars and unto God the things that are Gods All that we have belongeth unto him yet is he pleased to accept a part onely but we must note further that it is such a part as implieth the whole because the whole is his He loves not to have a piece of us simply it must be such a piece as comprehendeth all in effect therefore when he said Give me thy heart it was as much as give me all for he will have all or none Therefore in his sacrifice hee specially required the head and the tail the head as principium the tail as finem the beginning and the end of all our actions for so the whole is his And in the same sense the
they were used by the Church of Rome by the same reason we must also reject our Churches but the Apostles used both the Synagogues and the Temple it self after Christs Ascension though they were polluted with the doctrine and ceremonies of the Jews and therefore we are not to reject Tithes and other things profitable to Gods service because the Papists used or misused them The Censors ordained for Gods honour were impiously abused by Corah Dathan and Abiram yet God rejected them not but commanded them to be still employed in some better course of his service namely in making plates for the Altar Numb 16. 38. And by this Scripture doth Huge and Origen reprove them that judge the works of an heretique to be burned without preserving the good things in them and the Altar to be pulled down whereat a Schismatique hath ministred Hugo in Genes 16. fol. 136. a. and Origen in Homil. 9. sup Num. fol. 104. God refused not the burnt-offering of Gedeon though he made it with the idolatrous wood of Baals grove yea himself commanded it so Judg. 6. 26. and in the Gospel the offerings of the proud Pharisees were as well received into the Treasury of the Temple as the mite of the poor widow When Jericho was destroyed and accursed yet God required the gold and silver for his holy utensils Jos. 6. 19. For though filthy gains are forbidden to be offered unto God yet good things because they have been abused are not forbidden to be offered unto him When the pottage provided for sustenance of the children of the Prophets was infected by him that threw in the wilde gourdes or colloquintida Elisha the Prophet commanded them not to be cast away but cleansing them from their infectious venome used them still for food of the children 2 Kings 4. 38. So if the pottage of the Ministers have been abused with Roman Colloquintida purge the infection but take not their pottage I mean their Tithes from them Aristophanes bringeth in Hercules laughing to see effeminate Bacchus clad in the Lions skin but we may well lament to see a spruce Castilio and his masking mistresse trickt and trimmed up with those Church-livings that godly and grave men in times past gave for maintenance of Gods service and the Ministers thereof I can but wonder what should move Flacius Illyricus a man so conversant in the history of the Church to affirm that Tithes were lately extorted by the Popes and that they were first imposed by Pope Pelagius in the Councell Anno 588. unlesse his meaning be that in elder times they were paid at pleasure and now first commanded to be paid of duty which construction though contrary to the understanding of a common Reader if we doe allow him yet is it untrue also for that Councell reciteth that they had been paid before of long time and that by the whole multitude of Christians and as due by the Word of God and consequently not at pleasure Concil Matisconense 2. c. 5. Anno 588. Tom. 2. So that this Councell did but revive and quicken the cold devotion of that time and not inferre new matters unheard of before CAP. XIX That the Tradition of ancient Fathers and Councels is not lightly to be regarded IT appeareth by divers ancient Fathers and Councels that Tithes were paid long before their times in the Primitive Church and were unto the age of the Apostles though little memory thereof remaineth in the Authors of those times And shall we not beleeve the Fathers received such instruction from their elders Doth not God bid us ask after the days of old and the years of so many generations saying Ask thy father and he will shew thee thine elders and they will tell thee Deut. 32. 7. If we shall not beleeve them why should we ask them and why did the children of Israel complain that their Fathers heard not the words of the book of the Law 2 Kings 22. 13. but because they therefore could not report it to them their children Shall we think nothing to be done but what is written doth not the Evangelist tell us that if all were written that Christ did he supposed the world could not contain the books Joh. 21. 25 are not many actions of elder time alledged in latter Scriptures and yet no testimony of them in the former it is said 1 Chro. 26. 18. that Samuel Abner and Joab dedicated many things unto God yet their story reporteth no such matter Solomon is noted 1 Chron. 10. to have kept a famous Passeover yet is there not a word of it in the history of his time Fasting was brought into the Church before Christ and the use also of building of Synagogues but it appeareth not when or how Paul alledgeth that our Saviour said It is better to give then to take Act. 20. 35. yet no Evangelist doth mention it Jude saith v. 9. that Michael and the Devil strove for the body of Moses yet the Old Testament noteth no such thing how then came they by these instructions Surely by books that are perished or by inspiration or by relation of others and doubtlesse the ancient Fathers came to the knowledge of many things by all these ways First by books that be perished for it is manifest by Eusebius Jerome Gennadius and others that the ancient Fathers saw many thousands which are not now extant If by inspiration the holy Ghost that was sent down upon the Apostles and passed from one to another returned not by and by to heaven but remained actually amongst the Fathers of the Primitive Church and therefore what they generally taught is carefully to be kept But if they received these things by Tradition the very Tradition of those first ages of the Church are much to be received for all that time no doubt infinite speeches and actions of Christ and the Apostles whereof many were collected by Ignatius and Papias as Jerome reporteth but now lost were then fresh in the mouths of every man as not onely the Fathers of that time doe abundantly testifie but our own experience also induceth us to conceive for doe not we our selves hear and beleeve many things to be done in the time of King Hen. 8. that never yet were written nor like to be CAP. XX. Ancient Councels and Canons for payment of Tithes THe Canons attributed to the Apostles come first in rank to be mentioned yet I will not insist upon them Neither doth Bellarmine as they are now published maintain them to be the children of those Fathers Yet can it not be denyed that the first 35. of them are very ancient and neer the time of the Apostles for Dionysius Exigu that lived within 400. yeares of the Apostles translated them out of Greek as received long before in the Eastern Church The fifth of those Canons ordaineth that all other fruit should be sent as first-fruit and tithe home to the house of the Bishop and Priests and not to be offered upon the Altar
partake with the people in times of plenty or suffer with them in extremities whereas by a certain stipend in mony they would be far lesse sensible Also the change and alteration of the fundamentall Laws of this Kingdome touching tithes glebe oblations and other means which have continued in force above a thousand years and setled by the Common Law will produce many mischiefs especially to the Crown in payment of tenths and first-fruits subsidies pensions and other taxes which amount yearly unto many thousand pounds to the Exchequer all which must be abated and lost to the Crown for no reason they should be paid when the means and maintenance shall be taken away out of which they arise Besides the impossibility to provide a sure and setled means in every Parish to pay a certain stipend in money quarterly to the Minister there can be no caution provision or security given or established for payment of money for wee see by daily experience that all bonds conveyances and securities doe fail often whatsoever the devise bee for secure payment No way is comparable to Gods own way of giving yearly the tenth part in kinde of every increasing commedity and all lawfull profits as they arise and grow due at severall seasons of the year As for stipends and pensions because they have been lately invented in some forain Churches in times of war great troubles and distractions I will mention only one mischief which is already published in print and that is that the best learned are oftentimes neglected and put to hard shifts as in the Low-Countries John Drusius lately a very painfull and learned man well known for his singular works He complains in an Epistle to Joseph Scaliger before his Commentary on the Maccabees that hee was in want of things necessary and elsewhere prayeth unto God to stir up the hearts of the great ones to help him May heaven and earth take notice saith one thereof how miserable the condition of the learned is when tithes the fixed honourary of the Priesthood by divine right are usurped by the Laicks and reward is measured not by true worth or by the measure of the Sanctuary which was full running over and double to the common and prophane measures but by the ignorant estimate of niggardly Mechanicks and their underagents Many more such complaints might be easily alledged out of Luther Melancthon Calvin and others which I will now forbear one great reason being that their Churches for most part are still under great persecution miserable wars pitifully wasted being never almost quietly composed nor setled by Kings and Parliaments as ours hath been for the Emperour and many great Kings and Princes continue Papists and great adversaries to Reformation whereby Germany France and Poland have most sharply suffered and lost many thousand Churches and Ministers since the the blazing Comet 1618. the people being relapsed and inforced to Popery for want of Ministers which makes the reverend and learned Deodatus Professor at Geneva magnifie the Church of England as the most eminent of all the reformed Churches in Christendome styling it Florentissima Anglia Ocellus ille Ecclesiarum peculium Christi singulare perfugium afflictorum imbellium Armamentarium inopum promptuarium spei melioris vexillum splendidae Domini caulae and much more he addeth speaking of our condition before these troubles If any demand what success the labours of this worthy Knight found among the Gentlemen of Norfolk and other places where he lived long in very great esteem and publiquely imployed always by his Prince and Countrey in all the principall offices of dignity and credit it is very observable to alledge some particular testimonies worthy to be recorded to posterity and with all honour to their names who were perswaded presently upon the reading of his first little Treatise and perhaps upon sight of the larger worke now published more the like good effects may follow to restore and render back unto God what was due to him And first the worthy Knight practised according to his own rule for having an Impropriation in his estate viz. Middleton in Norfolk he took a course to dispose of it for the augmentation of the Vicarage and also some addition to Congham a small Living neer to it Himself never put up any part of the rent but disposed of it by the assistance of a reverend Divine his neighbour M. Thorowgood to whom he gave power to augment the Vicars portion which hath been performed carefully and having a surplusage in his hands he waits an opportunity to purchase the Appropriation of Congham to be added to the Minister there where himself is Lord and Patron Next Sr Ralph Hare Knight his ancient and worthy friend in that Country upon reading of the first Book offered to restore a good Parsonage which onely he had in his estate performing it presently and procuring licence from the King and also gave the perpetuall Advowson to Saint Johns Colledge in Cambridge that his heirs might not afterwards revoke his grant wherein he was a treble benefactor to the Church and the Colledge hath deservedly honoured his memory with a Monument of thankfulnesse in their Library and also wrote a respective letter of acknowledgement to this excellent Knight to whom they knew some part of the thanks to be due for his pious advice and direction Sir Roger Townsend a religious very learned Knight of great estate in that County restored three Impropriations to the Church besides many singular expressions of great respect to the Clergy having had a great part of his education together with S● John Spelman a Gentleman of incomparable worth eldest son to S Henry and by his directions both attained great perfection and abilities The like I have understood of others in that Country but cannot certainly relate their names all particulars at this present that Shire abounding with eminent Gentlemen of singular deserts piety and learning besides other ornaments as Cambden observeth of them In other parts divers have been moved with his reasons to make like restitution whereof I will mention some as Sir William Dodington Knight of Hampshire a very religious Gentleman restored no lesse then six Impropriations out of his own estate to the full value of six hundred pounds yearly and more Richard Knightley of Northamptonshire lately deceased restored two Impropriations Fansley and Preston being a Gentleman much addicted to works of piety charity and advancement of learning and shewing great respect to the Clergy The right honourable Baptist Lord Hicks Viscount Campden besides many charitable works of great expence to Hospitals and Churches as I find printed in a Catalogue of them in the Survay of London restored and purchased many Impropriations 1. He restored one in Pembrokeshire which cost 460l. 2. One in Northumberland which cost 760l. 3. One in Durham which cost 366l. 4. Another in Dorsetshire which cost 760l. He redeemed certain Chantry lands which cost 240l. And gave pensions to two Ministers which
service of God not onely Samaria hath exceeded Jerusalem but even Babylon put down Sion And so Theodoret complaineth that the heathens did give their tenths and first-fruits to be employed in their idolatrous service to the maintenance of their Temples Oratories Priests and Altars in more liberall manner then Christians but saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Such honour saith he speaking of the care taken for the Egyptian Priests Gen. 47. the Priests of the living God and Ministers of our Redeemer Christ Jesus have not with us And much lesse have they in these days especially with us who boast to have reformed things amisse For yet amongst those of the Church of Rome it is otherwise that think nothing too dear for their Jesuites and have their Priests in so great respect that they fall down on their knees and desire their blessing every morning but Nuper Tarpeio quae sedit culmine cornix Est bene non potuit dicere dixit erit Mr Selden saith that the Turks pay the tenth according to the Mosaicall Law which they receive as authentique but keep it according to Mahomets fancy and the doctrine of his Canonists Mr Blunt an accurate observer in his travails affirmeth that the Turks in their principall Cities have very stately Moskeetoes i. Churches of magnificent building accommodated with goodly Colledges for the Priests lodgings and Bathes equall to the Monasteries of any City in Christendome Aelian relateth as Mr Selden citeth him that some kinde of beasts in Africa alwayes divided their spoile into eleven parts but would eat onely the tenne leaving the eleventh as a kinde of first-fruits or Tithe and why may not beasts of the field teach men the practice of piety seeing man that is without understanding is compared to them Thus Jews Pagans Turks and some beasts have had a care to pay Tithes but many Christians in these times come farre short in their duties and may bee upbraided with these examples Which are here more largely insisted on to shew the impiety of many men in these last days who are more inexcusable then ever any people were because we have the rules and practice of all ages set before us for our direction as before the Law of Moses in Abraham and Jacob and likewise under the Law during the Priesthood of Aaron and since under the Gospel abundant light to guide us besides all the Records Histories and Monuments of Gods judgements in former times to instruct us All which saith the Apostle 1 Cor. 10. are written and recorded for our admonition upon whom the ends of the world are come If we therefore offend now we are greater sinners then any former people as sinning against conscience knowledge and examples of all ages and like to the servant that knew his Masters will but did it not who therefore must be beaten with many stripes CAP. XXVII That they are due by the Law of the Land AS they are due by the law of Nature and of Nations by the Law of God and of the Church so are they likewise due by the very Temporall Laws of the Land as well ancient as later therefore Edward the elder and Guthrun Saxon and Danish Kings punished the not payment of Tithes by their temporall Constitutions Lambard 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 54. Tom. 1. Concil Britan. pag. 392. King Athelstan about the year of our Lord 924. not onely decreed them to be paid by himself his Bishops Aldermen and Officers but maintaineth that his Law by the example of Jacob saying Decimas meas hostiam pacificam offeram tibi and by other effectuall Authorities providing precisely that his owne Tithes should diligently be paid and appointing a time certain for doing thereof viz. the feast of the decollation of S. John Baptist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. 57. Tom. 1. Concil p. 402. King Edmund about the year 940. in a solemn Parliament as well of the Laity as Spiritualty ordained that every man upon pain of his christendome and being accursed should pay them truly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 73. Tom. 1. Concil pag. 420. King Edgar in a great Parliament about the yeare 959. confirmed the payment of Tithes assigning certain times when every thing should be paid viz. the Tithe of all young things before Whitsontide of the fruits of the earth by the harvest aequinoctiall i. about the 12. Septemb. and of seed by Martimas and this to be done under the pain mentioned in the Book of the Lawes of the Land whereby it appeareth that the Laws of the Land had anciently provided for the payment hereof though the Book remaineth not to us at this day as well as the Laws of the Church And he further enacted that the Sheriffe as well as the Bishop and Priest should compell every man to pay their Tithes and should set it forth and deliver it if they would not leaving to the party offending onely the 9th part and that the other eight parts should be divided four to the Lord and four to the Bishop and that no man should herein be spared were hee the Kings Officer or any Gentleman whatsoever 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 77. Tom. 1. Concil pa. 444. King Canutus about the yeare 1016. made the like Law with some little enlargement as appeareth in his Laws ca. 8. and as Malmesbury testifieth strictly observed all the Laws of the ancient Kings de gestis Regum Angl. lib. 2. p. 55. And he wrote also about the 15. year of his reign from beyond the seas a long letter to all the Bishops and Nobility of England conjuring them by the faith that they ought both to himself and to God that they caused these Lawes touching Tithes and Rights of the Church to be duly executed and the Tithes to be paid as abovesaid Malmsb. p. 74. But King Edward the Confessor about the year 1042 made all certain namely that Tithe was due unto God and should be paid the tenth sheafe the tenth foal the tenth calf the tenth cheese where cheese was made or the tenth days milk where there was no cheese made the tenth lamb the tenth fleece the tenth part of butter the tenth pigge and that they that had but a calfe or two should pay for every of them a penny And to this price is the Parson generally holden at this day when ten of our pennies are scarcely worth one of that time He also ordained that Tithe should be paid of bees woods meadows waters mils parks warrens fishings coppises orchards and negotiations and out of all things saith the Law that the Lord giveth the tenth is to be rendred unto him that giveth the nine parts with the tenth and bindeth the Sheriffe as well as the Bishop to see this executed And all these were granted saith the Book by the King Barons and Commonalty as appeareth in those his Laws cap. 8. and Hoveden Annal. part poster pag. 602. Long after the learned Author had written this he published the first Tome
their spirituall vocation for I see that the Apostles themselves were therein subject to the Heathen Princes and gave commandement to all Christians in generall that they likewise should doe the same and thereupon S. Austin saith that in those things that concern this life wee must be subject to them that govern humane things But my meaning is that a temporall Prince cannot properly dispose the matters of the Church if he have not Ecclesiasticall function and ability as well as Temporall for I doubt not but that the government of the Church and of the Common-wealth are not only distinct members in this his Majesties kingdome but distinct bodies also under their peculiar heads united in the person of his Majesty yet without confusion of their faculties or without being subject the one to the other For the King as meerly a temporall Magistrate commandeth nothing in Ecclesiasticall causes neither as the supream Officer of the Church doth he interpose in the temporall government but like the common arch arising from both these pillars he protecteth and combineth them in perpetuall stability governing that of the Church by his Ecclesiasticall jurisdiction and that of the Common-wealth by his temporall For this cause as Moses was counted in sacerdotibus Psal. 99. 6. though he were the temporall Governour of the people of Israel so the Laws of the Land have of old armed the King persona mixta medium or rather commune quiddam inter laicos sacerdotes and have thereupon justly assigned to him a politique body composed as well of Ecclesiasticall jurisdiction as temporall like to that of David Jehosaphat Hezekias and other Kings of Juda who not onely in respect of their Crown led the Armies of the people against their enemies but as anointed with the holy oyle ordered and disposed the very function of the Levites of the Priests and of the Temple as you may read in their severall lives in the books of the Kings and Chronicles But the Kings of England have proceeded yet further in the gradations of Ecclesiasticall profession as thinking it with David more honourable to be a door-keeper in the House of God then to dwell in the tents of the ungodly that is to execute the meanest office in the service of God then those of greatest renowne among the Heathen and Infidels Therefore they have by ancient custome even before the Conquest amongst other the solemnities of their Coronation not only been girt with the regall sword of Justice by the Lay Peers of the Land as the embleme of their temporall authority but anointed also by the Bishops with the oyle of Priesthood as a mark unto us of their Ecclesiasticall profession and jurisdiction And as they have habenam regni put upon them to expresse the one so also have they stolam sacerdotii commonly called vestem dalmaticam as a Leviticall Ephod to expresse the other The reasons of which if we shall seek from the ancient Institutions of the Church it is apparent by the Epistle of Gregory the great unto Aregius Bishop of France that this vestis dalmatica was of that reverence amongst the Clergy of that time that the principall Church-men no not the Bishops themselves might wear it without licence of the Pope And when this Aregius a Bishop of France requested that he and his Archdeacon might use it Gregory took a long advisement upon the matter as a thing of weight and novelty before he granted it unto them But 22. years before the time of Edward the Confessor unto whom those hallowed vestures happily did belong with which his Majesty was at this day consecrated these dalmaticae otherwise called albae stolae were by the Councell Salegunstadiens cap. 2. made common to all Deacons and permitted to them to be worn in great solemnities which the Kings of England also ever since Edward the Confessors time if not before have always been attired with in their Coronations And touching their unction the very books of the Law doe testifie to be done to the end to make them capable of spirituall jurisdiction for it is there said that Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces the Kings being anointed with the holy oyle are now made capable of spirituall jurisdiction This ceremony of unction was not common to all Christian Kings for they being about Hen. 2. time 24. in number onely four of them besides the Emperor were thus anointed namely the Kings of England France Jerusalem and Sicil. The first English King as far as I can find that received this priviledge was Elfred or Alured the glorious son of noble and devout Ethelwolphus King of West-Saxony who about the year of our Lord 860. being sent to Rome was there by Leo 4. anointed and crowned King in the life of his father and happily was the first King of this Land that ever wore a Crown whatsoever our Chroniclers report for of the 24. Kings I speak of it is affirmed in ancient books that only four of them were in those days crowned But after this anointing Alured as if the Spirit of God had therewith come upon him as it did upon David being anointed by Samuel grew so potent and illustrious in all kindes of vertues as well divine as morall that in many ages the world afforded him no equall zealous towards God and his Church devout in prayer profuse in alms always in honourable action prudent in government victorious in wars glorious in peace affecting justice above all things and with a strong hand reducing his barbarous subjects to obedience of Law and to love equity the first learned King of our Saxon Nation the first that planted literature amongst them for himself doth testifie in his Preface to Gregories Pastorall that there were very few on the South-side Humber but he knew not one on the South-side of the Thames that when he began to reign understood the Latine Service or could make an Epistle out of Latine into English c. He fetched learned men from beyond the Seas and compelled the Nobles of his Land to set their sons to school and to apply themselves to learn the Laws and Customes of their Country admitting none to places of Justice without some learning nor sparing any that abused their places for unto such himself looked diligently He divided the Kingdome into Shires Hundreds Wapentakes and them again into Tithings and free Bourghs compelling every person in his Kingdome to be so setled in some of those free Bourghs that if he any way trespassed his fellows of that free Bourgh answered for him The memory of this admirable Prince carrieth me from my purpose but to return to it his successors have ever since been consecrated and thereby made capable of spirituall jurisdiction and have accordingly used the same in all ages and thought by the Pope to be so enabled unto it that Nicholas 2. doubted not to commit the government of all the Churches of England unto
being now dead in whose behalf I must avow that the originall is plainly ad nos and not ad vos which lest it should seem either mistaken or questionable King Edgar himself doth manifestly clear it both by deeds and words for of his own authority he removed generally the Clerks of that time that were not professed out of the Monasteries and placed in their rooms Monks and regular persons as appeareth by his owne words in his Charter of Malmesbury Malmsb pag. 58. l 17. And also in the foundation Book of the Abbey of Winchester written all in golden letters wherein likewise he prescribeth the rules for the government of the religious persons there and saith that himself will look to ●●e Monks and that his wife Aelfthryth shall look to t●e Nuns And lest it should seem that he had done this rather out of the will of a Prince then by just authority Hoveden and Historia Jornalensis doe testifie that he did it by the advice and means of Ethelwould Bishop of Winton and Oswald Bishop of Worcester So that the very Clergy of that time agnised executed and affirmed his jurisdiction herein which I will close up with a materiall sentence out of his Charter in Glastenberry extant in Malmsbury de gest Reg. li. 2. pag. 57. where the words be these Concessit etiam scil Edgarus ut sicut ipse in propria ita totius insulae causas in omnibus tam Ecclesiasticis quàm secularibus negotiis absque ulla ullius contradictione Abbas Conventus corrigeret that is King Edgar granted that the Abbot Covent of Glastenberry should correct or amend all causes as well Ecclesiasticall as secular within the whole Isle of Glastenberry as himself did within his own Isle namely of England So that the King here denounceth that himself hath the correction or ordering of all Ecclesiasticall causes within this his Isle And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from medling within the Isle of Glastenberry and lest he should seem to doe a new thing he closeth it up with this apology That his predecessors Cemwines Ines Ethelardus Cuthredus Elfredus Edwardus Ethelstanus Edmundus had all of them done the like and he might have added out of Bede l. 2. c. 7. that Cenwalch King of West-Saxon of his own authority divided the Sea of Agilbert his Bishop being a French man and of another language which he understood not and gave one part thereof unto Winus a man of his own Nation which though he were afterwards compelled by necessity and discontent of Agilbert to reunite yet his successor Inas divided them again and then they so continued Hen. Huntington l. 4. pa. 33. l. 49. It is true that ad majorem cautelam King Edgar required John 12. to confirme these priviledges lest any as he saith should in future time either take them away or throw out the Monks but himself had first done it of himself and the vigor that the Pope added to it was rather a fortifying of it with a curse against robbers and spoilers then an enlargement of the validity thereof as quicking thereby a livelesse body For so likewise may the Popes own authority be disputable insomuch as he also required the generall Synod then holden at Rome Anno 965. as Malmsbur saith to confirm it But the fashion of those times was that secular Princes sought sometimes to have their temporall Laws confirmed by the Pope with a curse against the breakers thereof as did Howell Dhae for those his Laws of Wales and in like manner was it usuall for Councels and Synods to seek the confirmation of their Canons from temporall Princes as did that of Orleans before spoken of from Clodoveus and the Councell of Toledo from Euricus who made a speciall Law for establishing it as you may see in the Laws of the Wisegothes l. 12. tit 1. ca. 3. ut sic gladius gladium adjuvaret It may be objected that Edgar being the great King of this whole Isle for he styled himself totius Albionis basileus might usurp upon the Church and doe these things rather in the will of a Prince then by just authority It is manifest partly by that which I said before but plentifully by his Charters that the Clergy of that time were so far from denying or repining at this his jurisdiction that they affirmed and subscribed unto it as appeareth in his Charters And how large soever his Dominion was his humility was as great for though in matters of government he carried himself as the head Officer of the Church yet in matters of faith he was so obedient that to expiate his incontinency with a Nun he threw himself at the feet of Dunstan his Bishop submitted himself to seven years penance and presumed not to be consecrated till the 14. year of his reign But these things were no novelties either in the person of Edgar or in the Princes of those ages for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction as you may perceive by those cited by Edgar in the Charter of Glastenberry and by many other in particular Charters of their own Yea the Kings of Mercia that were but vassals and underlings to the Kings of West-Saxony within the limits of their little Kingdome used the same plenitude of authority as appeareth by the Charter of Kenulphus who lived about the year 850. made to the Abbot of Abingdon wherein he saith Sit autem prae-dict ' rus liberum ab omni regali obstaculo Episcopali jure in sempiternum aevum ut habitantes ejus nullius regis aut ministrorum suorum Episcopive aut suorum officialium jugo deprimantur sed in omnibus rerum eventibus as defensionibus causarum Abbatis Abbindenensis Monasterii de caetero subjiciantur Term. Trinitat 1 H. 7. f. 18. b. And it is there said by the Judges fol. seq b. that many Abbeys in England had larger words then these in the Kings Charter as Omnimoda justitia quicquid regales potestates conferri possunt To leave the Saxon Kings and to come to the Normans that we may see by what channell this fluent of authority hath been deduced to his Majesty Lanfranc Archbishop of Canterbury in the Conquerours time would have given the Abbotship of S. Augustines but the new King saith the book i. William the Conquerour did deny it saying that he would conferre all Pastorall Staves in his Realm and would not conferre that power to any whatsoever Govern you saith he that which appertaineth to faith and Christianity among the Monks but for their outward service you shall let me alone with that You see here that the King doth not in covert manner or by little and little creep into Ecclesiasticall jurisdiction but with an absolute resolution whilest he yet stood as it were but upon the threshold of his Kingdome and might justly fear some notable transmutation in
house shall be called an house of prayer locally to places of prayer whereas he saith it was spoken figuratively of the congregation of the faithfull I exclude not that sense but I assure my selfe our Saviour Christ when he whipt the sellers out of the Temple not out of the congregation applied this Scripture to the very place of prayer and it is questionlesse that the old and late classicke writers so expound it Some quotations here were intended out of ancient and moderne Authors which though I could easily supply yet being loth to adde any thing to the originall copie I leave it to the learned reader to consult the Commentators which is easily done Againe it much offends him that I interpret the words of Saint Paul 1 Cor. 11. 12. Despise ye the Church of God as spoken of the materiall place which after his manner he will also have to be onely understood of the Congregation and had the word ecclesia no other signification then doubtlesse he had obtained the cause But obserue I pray what I have formerly said touching that point and then take into your consideration the words of the Apostle as they lye in that chapter First in the 18. verse he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quando convenisti in ecclesia For these be the very words and how we shall English them is the question Whether when ye come together in the Congregation that is in the assembly or when ye come together in the Church that is in the place of the assembly I confesse the words indefinitely spoken may beare either interpretation and I condemne neither of them in this place Yet let us see which is more probable or at least whether my trespasse deserves his reprehension The Apostle continuing his speech upon the same subject in the 20. vers goeth on thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if he should say convenientibus igitur vobis in eodem leaving 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in eodem spoken neutrally and as it were to be applied either to the assembly or the place which to put it out of doubt Beza and our English Geneva translation doe adde the word locus a place in a different letter to declare the meaning of the Apostle and read it accordingly When you come together therefore into one place So that now it is determined how the word Ecclesia or Church in the 18. vers before going is to be expounded and then joyne the words subsequent unto it wherein the Apostle complaineth of the abusing that thing which before he spake of and in reprehension of the abuse committed therein by eating and drinking he saith vers 22. Have ye not houses to eate and to drink in or despise ye the Church of God Where the very antithesis of houses to eate and drink in with the Church of God doe still pursue the precedent interpretation of Ecclesia for the place of assembly as if distinguishing betweene places and not persons he should have said Your houses are the places to eate and drink in but the Church is the place of prayer otherwise he might perhaps have said Have ye not other meetings to eate and drinke at but despise ye this holy meeting And I thinke it not without speciall providence that the Translators therefore did translate here 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an ecclesiam Dei contemniti Despise ye the Church of God not despise ye the Congregation of God for the word Chyrche coming of the German word Kirken and that of the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth Dominicum or the Lords House was in ancient times as Eusebiu● and Nicephorus witnesse the common name of materiall Churches doth to this day properly signifie the same and we doe never use it for a particular congregation but either generally for the body or society of the faithfull through a whole kingdome or common wealth or particularly for the very place of prayer onely This foundation being now laid upon the words of the Apostle himselfe let us see how it hath been since understood by the Fathers and Doctors of the Church as well ancient as moderne Hieroms opinion appeareth already in my booke and Chrysostomes you shall heare anon But this man despiseth the first and therefore I am sure he will account as lightly of the second A Senate of Fathers moves him not an haire a right monothelite he opposeth his owne onely will against them all Yet to satisfie some others whose eares perhaps may be better in tune I will cite one who for humblenesse of spirit integritie of life and admirable learning for the time he lived in hath ever since been venerable throughout the world and no forreigner but our Countreyman Bede who upon these words Numquid domos non habetis an Ecclesiam Dei contemnitis Ecclesia saith he homines sunt de quibus dicitur ut exhiberet sibi gloriosam ecclesiam hoc tamen vocari etiam ipsam domum orationum idem Apostolus testis est vbi ait numquid domos non habetis ad manducandum bibendum an ecclesiam Dei contemnitis hoc quotidianus usus loquendi obtinuit ut in ecclesiam prodire ad ecclesiam confugere non dicatur nisi qui ad locum ipsum parietesque prodierit vel confugerit quibus ecclesiae congregatio continetur But he will say that all this old wine savours of the caske therefore we will spend no more time in broaching of it Taste of the new Peter Martyr upon the place Quando convenitis potest saith he hoc referri ad locum qui unus omnes continebat ita ut notetur corporalis conjunctio c. and then An ecclesiam Dei contemnitis potest accipi Ecclesia saith he pro caetu sacro vel pro loco quo fideles conveniunt c. Si vero de loco intellexeris ut Chrysostomus videtur sentire docemur contaminari locum ex abusu Vnde Augustinus dicebat In Oratorio nemo aliquid agat nisi ad quod factum est vnde nomen recepit ad alia munera obeunda plateas domus habemus And complaining of abusing of Churches he goeth on At nunc templa deambulationibus fabulis omnibus negotiis prophanis toto die patent C. hristus flagello parato ex funiculis ejectis ementibus vendentibus templum Dei repurgavit and goeth still on in this manner much further Marlorat also a common and good friend to our Preachers being well pleased with this exposition and invective of Peter Martyr translateth it verbatim into his owne Commentary upon this place and thereby delivereth it also to the world as his owne opinion But come we now to that part of my booke which puts him most out of patience above all the rest my application of the 83. Psalme to such as destroy Churches and bereave them of their maintenance This he saith fitteth my matter as an Elephants skin doth a gnat yea it hath no cohaerency therewith either figuratively
of the book I could never yet finde thoughe it be mentioned by severall Authors Bale Hollinshead and lately by Sir Richard Baker in his history It seemes to have bin written after the Kings breach with the Pope his marriage with Anne Bolen and the birth of Queen Elizabeth as I conjecture by circumstances His purpose was chiefly bent against the Monasteries who had unjustly gotten so many Parsonages into their possessions It is much desired that if any man have the rest of the book that he would please to communicate the copy that hereafter as occasion serves it may be published compleatly together with some other things of this argument that the learned Knight hath committed to my charge but by reason of the present troubles I cannot now attend to prepare them for the Presse As for Sir Francis Bigott himselfe he was found afterwards active in the troubles of Yorkshire that happened in 28. H. 8. and being apprehended among others was put to death 29. H. 8. as our common Chronicles doe report Baleus saith of him Franciscus Bigott ex Eboracensi patria auratus eques homo natalium splendore nobilis ac doctus evangelicae veritatis amator Scripsit contra clerum De Impropriaribus lib. 1. Quosdam item latinos libros anglicanos reddidit inter seditiosos tandem anno Domini 1537 invito tamen eo repertus eadem cum illis indigna morte periit To the right Reverend Fathers and Brethren the Bishops and Ministers of Scotland I Have caused this little Treatise right reverend and beloved in the Lord Jesus to be printed againe in North-Britaine for many causes first because I was informed that there came forth but a few copies at the first printing thereof in South-Britaine Againe I hope this doing will incite that worthy Knight the Authour thereof quicklier to send out the greater worke which he promiseth of that same argument but principally to incite you whom these matters most nearely doe concerne to look into them more advisedly then as yet ye have done it was a private occasion as that worshipfull Gentleman sheweth that led him to this writing You have a publique whereof it is pitty you are so little moved who seeth not the state of the Church of Scotland as concerning the patrimony to go daily from worse to worse Sacrilege and Simony have so prevailed that it beginneth to be doubted of many whether there be any such sinnes forbidden by God and condemned in his Word Neither can you deny the cause of this evill for the most part to have flowed from your selves your selling and making away of the Church rights without any conscience the buying and bartering of benifices with your shamelesse and slavish courting of corrupt patrones hath made the world thinke that things Ecclesiasticall are of the nature of Temporall things which may be done away at your pleasures and where at the first it was meere worldlinesse that led men on those courses now a great many to outface conscience and delude all reproofes they stand not to defend that Lands Tithes yea whatsoever belonged to the Church in former ages may lawfully be alienated by you and possessed by seculars which opinion must either be taken out of the mindes of men or need you not looke to have these wicked facts in this kinde unreformed to this end should all Ecclesiasticall men labour to informe themselves as well by the Word as by the writings of Ancients and Constitutions of Councels touching the right and lawfulnesse of ecclesiasticall things that when they are perswaded themselves of the truth they may the more effectualy teach others There is no impiety against which it is more requisite you set your selves in this time for besides the abounding of this sinne and the judgement of God upon the land for the same who doth not foresee in the continuance of this course the assured ruine and decay of true Religion Of all persecutions intended against the Church the Julian was ever held to be the most dangerous for occidere presbyteros is nothing so hurtfull as occidere presbyterium When men are taken away there is yet hope that others will be raised up in their places but if the meanes of maintenance be taken away there followeth the decay of the profession it selfe Men doe not apply themselves commonly to Callings for which no rewards are appointed and say that some have done it in our dayes some out of zeale and some out of heat of contention yet in after-times it is not like to continue so neither let any man tell me that a Minister should have other ends proposed to him then worldly maintenance I know that to be truth yet as our Lord in the Gospel hoc etiam oportet facere Et illud non omittere Speaking of payment of tithes to the Pharisees It behoveth them saith he to be paid if not it is not to be expected that men will follow the Calling To rest upon the benevolence of the people as it is a beggarly thing and not belonging to the dignity of the Ministery so the first maintainers of that conceit have found the charity of this kinde so cold that they will not any more stand by their good-wills to this allowance Therefore it lieth upon you to foresee the estate of your Church and either in this point of maintenance to provide that it may be competent and assured else looke not for any thing but ignorance and basenesse and all manner of mischiefes which flow from these to invade the whole Kingdome How a competency may be provided except by restoring the Church to her rights I doe not see and what this right is if I should stand to define and justifie it here I should exceed the bounds of an Epistle Many of this time have cleared the point sufficiently And if any scruple be remaining the worthy Authour I hope will remove it in the greater worke we expect whose judgement and dexterity in handling the argument may be perceived by this his little pinnace It should shame us of our calling to come behinde men of his place either in knowledge or zeale His example who is nothing obliged to labour in these points as you are shall doe much I trust with you for the time to come Should any look carefuller to the Vineyard then the keepers or should any out-goe the servants of the house in diligence Repent therefore and amend your owne negligence in this behalfe and call upon others for amendment whilest you have time Thinke it not a light sin to spoile Gods inheritance and if we look for heaven let us be faithfull to our Lord here on earth I beseech God to give us all wisdome and keep us in minde of that strict account that we must one day give for all our doings and chiefly these which concerne the Church which is his body Amen I thought good not to omit this Epistle to the Clergy of Scotland prefixed before this edition at Edenborough