have received by this said benefit in our deliverance which act is of it selfe so highly to the great peace unyte and welth of this most noble Empyre of England that if there were non other cause but that only we were bound to and with all our diligence and industry to study labour and devise how this benefit exceeding all other might world without end be extolled praised and made immortall and to receyte how much the furtherance of gods glory is by the same act set forth and advanced my learning ne yet wytte will not serve me Yet I dare boldly afferme pondering and considering depely the effect and circumstance of this matter This act is no lesse worthe then well worthy to be set in the booke of Kings of the old testament as a thing sounding to gods honour as much as any other history therein conteyned but what should I attempt or goe about to expresse the condigne and everlasting praises and thankes which your majesty hath deserved of all your hole Cominalt for the benefites before named unlesse I would take in hand like an evill workeman which by reason of his unperfectnes in his science should utterly staine and deface the thing he would most earnestly and diligently shew and set forthe I will therefore most excellent Emperor of this realme set all this aside and shew to your grace the cause of my enterprise for so much as I perceave that all your gracious proceedings are onely driven and conveyed to the most highe just and sincere honour of Almighty God the publique welth and unity of all Christendome most especially of this your most noble Realme of England it hath animated and incouraged me according to the small talent of learning that the Lord hath lent to me to put your grace in remembrance of the intollerable pestilence of Impropriations of benefices to religious persons as they will be called some to men and some to women which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of Almighty God and highly to the extolling supporting and maintenance of the usurped power of the Bishop of Rome as your Majesty shall perceave in reading of this little treatise which your grace not being offended I shall ever God willing be able justly to defend and also stop the mouthes of them that shall say and abide by the contrary and that not with mine owne words but with authorities of holy Scripture And further I doe most humbly upon both my knees beseech your Imperiall Majesty that unto such time as this my little book be cleerly confuted by like holy Scripture and authorities as I have approved the same that it may safely goe abroad under protection of your gracious and redoubted name And for the prosperous preservation of your most royall estate of your most noble and vertuous Queene of your deere daughter Lady Princesse daughter and heire to you both according to my most bound duty I shall daily pray my life enduring Sir Francis Bigott Knight of Yorkshire wrote this Treatise whereof this Preface I received from Sir Henry Spelman but the rest 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 invite 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
AN APOLOGY OF THE TREATISE De non temerandis Ecclesiis AGAINST A TREATISE BY an unknowne Authour written against it in some particulars By Sir Henry Spelman Knight ALSO HIS EPISTLE TO Richard Carew Esquire of Anthony in Cornwall concerning Tithes LONDON Printed by J. L. for Philemon Stephens and are to be sold at his shop in Pauls Church-yard at the signe of the gilded Lion 1646. TO THE READER THe first Treatise de non temerandis ecclesijs being published above thirty years agoe there wanted not the approbation of the best and most religious men in behalfe therof neither also wanted there one of a contrary humour to oppose something which though it be in such weak manner as deserved not any just answer from so eminent a person yet it pleased the learned knight out of his care to instruct him and others to shew the weaknesse of his reasons and that not onely in this apology but also in a more serious worke his learned Glossary so much commended and desired to be finished by great Princes and chiefe men both at home and in forraign parts The passage shall be here inserted for a more full testimony of the Authors judgement and of the weaknesse of the adversaries reasons Excerptum ê Glossario Domini Spelmanni pag. 238. in voce Ecclesia ECclesia pro templo seu domo qua fideles conveniunt ritus divinos celebraturi Lippis tonsoribus notum adducor tamen ut asseram quod sciolus quidam libellum nostrum De non temerandis Ecclesijs pro Marte suo impetens graviter mihi imponit {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ecclesijs dixisse hac significatione nec patitur vir bonus ut easdem aedes appellarem sacras ludibrio enim habet ejusmodi epitheton locis vel aedibus attributum Carpsisset aequiùs si ignot is ei vocabulis Basilicis Dominicis Titulis Curiacis Martyrijs vel similibus usus fuissem Sed doctrinam hominis farinam videris Occurrit {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} apud Graecos veteres ut Curia Senatus apud Romanos non solùm pro caetu congregatione sed etiam pro loco in quem convenitur ut ipsa lexica testantur Lucianus {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} i. e. ubi ecclesiam scil. Curiam in qua consultant undique stravero perhibetur Apostolus secundum plures interpretes antiquos medios recentiores hoc sensu dixisse {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Ecclesiam Dei contemnitis Liquide Synodus Laodicena {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} i. e. in sanctissima ecclesia sanctissimae martyris euphemiae Tertull. lib. de fuga in persecut sec. 3. Conveniunt in ecclesiam confugiunt in ecclesiam Augustin epist. 109. Quando ergo simul estis in ecclesia ubicunque viri sunt invicem pudicitiam custodite Hieronymus in Esaiam cap. 60. Videmus Caesares aedificare ecclesias expensis publicis epist. 8. Alij aedificent ecclesias vestient parietes marmorum crustis columnarum moles advehant earumque deaurent capita c. fastidit in re tam nota olei tantum perdere clarum est Ecclesiam idem esse christianis quod Synagogam Judaeis Augustinum habes in eandem sententiam in Psalm 82. unde priscus quidam Nobis ecclesia datur Hebraeis Synagoga Plura si cupias numerosa habeas exemplain Burchardi Decretorum lib. 3. qui de ecclesijs inscribitur Besides also not to conceale the doubts and apprehensions of wiser and more learned men upon the argument there was also a gentleman of eminent quality and learning Mr. Richard Carew of Anthony in Cornwall who was not satisfied in all points with this treatise of Sir Henry whereupon he wrote his doubts in some particulars unto him submitting much to his judgement Vnto whom for satisfaction Sir Henry wrote a very pious epistle which shall here follow after the apology for satisfaction to the better sort who sometime stumble out of private interest or passion as well as inferiour men Hoping that such will be easily corrected in their opinion as Mr. Carew was being a Gentleman ennobled no lesse in regard of his parentage and descent then for his vertue and learning as Cambden testifieth of him in his Britannia * THE APOLOGY This Apologye cleareth some passages as 1. Touching the word Ecclesia which signisies either a materiall Church or the Congregation of the people assembled 2. An explication of the text of Esa. 56. 7. My house shall be called the house of prayer 3. The place of the Apostle 1 Cor. 11. 12. Despise ye the Church of God 4. The exposition of the 83. Psalm against such as destroy Churches and the maintenance of them and the Ministers 5. The number of Churches spoild among us COming to my worthy friend Sir Ralph Hare and lying a while idle there I thought that idle time fittest for some idle worke and disposed my selfe therefore to give some answer to such passages of this Treatise as the Author at his pleasure hath very idly if not maliciously taxed me in But being far from my books and having not so much as that Treatise of his by me or any note out of it I shall no doubt forget mistake omit and misplace many things Wherein good Reader I must entreat thy patience and favour It being brought unto me I ranne over divers leaves thereof wherein I met multa verba nulla verbera but judging therefore the Author by his worke I thought neither of them worth the answering himselfe as it seemeth some rude Naball delighting in contentions and uncivill speech wherein I will not contend with him onely I will consider of his reasons though indeed they are such as will shew him to be a weake adversarie Qui strepit magis quà m sauciat And therefore though I sit safe out of his dint yet will I let the reader see how vainely he bestoweth his shot and how farre from the marke As for the parts of my booke wherein I labour as he saith to prove tithes to be due jure divino and his answers thereto my purpose is not here to medle with them for that they require a more spacious discourse then either that volume admitted or I now meane to enter into it being not a private question betweene him and me but long controverted by greater clerks and left to this day as questionem vexatam non judicatam The truth is the course of my argument lead me upon it and I therefore produced some arguments tending to the maintenance thereof but referring the point unto a greater work and forbearing to declare my selfe therein without ample and more laborious examination of so great a controversie leaving therefore that as a generall cause whereof he may perhaps have more another time I will here wage my selfe against him onely in those things wherein he chargeth me particularly in my
sacred Scripture And on the other side while they approve it though but by a civill assent as to a prudentiall design untill they see more light which they look for in the Answer to their Queres proposed to the Assembly of Divines the Presbyterians who hold it in the highest esteem take none offence that they proceed no farther and professe themselves well satisfied with their civill sanction so one of the learned Commissioners of Scotland hath said in the name of the rest in these words If they shall in a Parliamentary and Legislative way establish that thing which is really and in it self agreeable to the Word of God though they doe not declare it to be the will of Iesus Christ they are satisfied Ob. If there were no purpose to put down Tithes by such as are in Authority how commeth it to passe that the Anabaptists are more bold in London to take up a publique contestation against them then the Presbyterians to make apology for them for did not one Mr B. C. an Anabaptist manage a dispute against Mr W. I. of Chr. and after that undertake another upon the same argument against M. I. Cr. and offered to proceed in it against all opposition which M. Cr. durst not doe upon pretence of a prohibition from authority Ans. 1. It is no strange thing for men who have a bad cause to set a good face on it and to make out with boldnesse and confidence what is wanting in truth of judgement and strength of argument this is observed of the Papists by a judicious Authour whom he sheweth to have been forward in the offers of disputation with iterated and importunate suits for publique audience and judgement And Bellarmine reporteth out of Surius that Io Cochleus a great Zealot for the Papacy offered to dispute with any Lutheran upon perill of his life if he fayled in the proof of his part of the Question 2. For the boldnesse of the Anabaptists at this time and in this Cause and this City there may be divers conjectural reasons in particular given thereof besides the generall already observed as 1. Because they advance in their hopes of a toleration of their Sect and to promote that hope they have been so ready to engage in military service with a designe no doubt to get that liberty by force if they be able which by favour of authority they cannot obtain 2. For this matter of Tithes they might be more forward to oppose their tenure because it is a very popular and plausible argument wherein they might have the good wils of the people that they might prevail and their conceits that they did so though they did not because they would be very apt to beleeve what they vehemently desire may come to passe and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses then an ounce of sound reason to put them to charges 3. They might take some encouragement to dispute against Tithes in this City because there is a project to change the maintenance of the Ministers set on foot by many worthy and well-minded Citizens which yet in truth makes nothing for the Anabaptists opinion who would have Ministers maintained by meer benevolence for the Citizens as they intend a more liberall allowance then the former since they see many of their Churches are destitute of Ministers because their Ministers have been destitute of means so they mean that it shall be certain setled by Authority and not left arbitrary to the courtesie of men 3. For the two disputes the one managed betwixt M. W. I. and M. B. C. the other purposed betwixt M. I. Cr. and the same B. C. but disappointed it makes nothing at all for the taking away of Tithes For as touching the former they who were possessed with prejudice or corrupted with covetousnesse against the truth were much confirmed in the lawfulnesse of such rates as are paid in London under the title of Tithes though indeed they are not Tithes and of such onely was the debate at that time For the intended debate which was to be touching the divine right of Tithes though some godly and prudent men thought it should not have been taken in hand without the warrant of publique authority yet they made no doubt but that the truth of the cause or ability of the man who undertook the defence of it against M. C. would prevail unto victory But for the disappointment it was by the warrant of the Lord Major of the City to them both interdicting the dispute which was both without M. I. Cr. his knowledge and against his good will yet he obeyed the prohibition and when his Antagonist insisted and urged the performance of what was agreed upon notwithstanding the contrary command of the Lord Major his answer was that it was agreeable to the Anabaptists principles to disobey Authority but not according to the principles of Presbyterians And left B. C. should take it for a token of distrust in his cause and make it an occasion of vain-glory either against the cause or person of M. I. Cr. he proposed the printing of M. B. C. his arguments against Tithes and engaged himself to answer them in print and so to refer both to the judgment of al unbyassed Readers which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentick testimony and soundest reasons It is no part of my task for the present to argue farther for Tithes then may answer the doubt you have proposed to me which is of the Parliaments purpose and proceedings touching the establishing or abolishing of them Animadversions upon the late Pamphlet intituled The Countreys plea against Tithes YEt that you may not be scrupled in conscience as you were in conceit by a new petty Pamphlet against payment of Tithes which perhaps may come to your hands I will give you some animadversions upon it which may also be of use to others as well as to you The title of the Booke is The Countryes plea against Tithes with this addition A Declaration sent to divers eminent Ministers in severall parishes of this Kingdome proving by Gods word and morall reason that Tithes are not due to the Ministers of the Gospell and that the Law for Tithes was a Leviticall Law and to endure no longer then the Leviticall Priesthood did c. Wherein the Authors say much in the outside but make no answerable proof in the inside of the Booke They direct it in the Title page as a Declaration to divers worthy Ministers in the Kingdome and in the beginning of the body of the Book they present it as a joynt Declaration of the people of severall parishes for their opinion concerning Tithes as a Reply to certaine papers from some Ministers pretending to prove Tithes due by authority of Scripture It had been faire dealing
be in respect of religion the people may though ignorant zelots hold and covetous worldlings pretend they may not pay them with good conscience for the State may impose them for the maintenance of the Ministery as well as they may impose the 20 part or any other part they please to maintaine a just warre or to pay the debts of the Kingdome and others may conscientiously submit to such impositions and hereto the most learned Divines of the reformed Churches doe agree though the most of them as they are mistaken in the true doctrine of the Sabbath so are they also in this question of Tithes for albeit they maintaine their Ministers while they live and provide for their widowes and fatherlesse children when they are dead * yet they resolve it lawfull to pay the 10th to the popish priests though they officiate in an Idolatrous service upon the command of the Prince or State under which they live This may suffice for this little Treatise which though little if it had not been lesse in weight then in length I would not have been so observant of the importunity of the Printers calling for my paper as to dispatch mine animadversions upon it in the short interim of one night betwixt rising from supper and reposing for sleepe which yet had been too much if most readers were not too readily prepared to entertaine any Text that makes for their commodity whether by acquiring advantage or sparing expences Now for your secondary doubt concerning the disposall of your sonne give me leave Sir to give you my sence fully and freely in the case 1. I see by you and him which I am sorry to observe yet I feare it is like to prove too true in all ages that if there be not sufficient and certaine meanes allotted to the labourers in the Lords harvest he is like to have but a few workemen to undertake it and goe through with it therefore those that Julian-like take away the hire of spirituall labourers make way as much as in them lyeth for the marring of the harvest for either there will be a want of workemen or of such sufficiency in them as may make the worke to prosper in their hands hence is the miserable condition of the Greeke Church living if not languishing under the dominion of the Turkes where their Clergy as they are the meanest sort of men like Ieroboams Priests who though they were to serve in the house of high places were the lowest of the people 1 Kings 12. 31. so are they as despicable for their ignorance and meane qualifications every way as for their poverty having no schooles of learning among them and therefore more like either to poison or famish the soules committed to their charge then to feed and nourish them with a competent measure of the sincere milke of the Word that they may grow thereby 2. But I feare no such fayling of maintenance for Ministers among us as may occasion such a discouragement to parents that they should not be willing to dispose of their children in that calling for feare they should serve Christ upon such poore termes as the Priests of Isis did that heathen goddesse who were not allowed a new suite untill the old was worn to ragges 3. Yet if that were true which you reade in the weekely pamphlets or which you had by report of the likelyhood of putting downe Tithes by the Parliament I must tell you plainly as your friend I like not your wavering touching the disposall of your sonne for if he be furnished with personall abilities for the service of the Sanctuary if he be as I hope he is a man of holy life and conversation if he find himselfe inwardly moved by the holy Ghost to enter into that holy function it will be a greater sacriledge in you then robbing of the Church of so much Tithe as would maintaine him to divert him from the service of Christ and salvation of soules through distrust of the divine providence for his support And therefore 4. If I conceived you to be so carnall a father but I dare not thinke you are such a one I should turne my speech from you to your sonne had I opportunity to speake with him and exhort him not onely to serve Christ but to suffer for him in the words of Hierom to Heliodorus rather to tread upon you if you should lye as a blocke in his way then to make a stop or to retire from following after Christ though in zeale and haste he should overtake the Crosse for in such a case it is a kind of piety saith he to shew cruelty towards our chiefest friends Thus as my little leisure would allow me I have endeavoured to satisfie your desire in resolving your doubt and I hope that I have written will reach a little further then you thought of even to the settling of your resolution to dedicate your sonne to the service of our Saviour and to serve him upon such tearmes whatsoever they be as the Divine providence in the condition of the times shall put upon him and so you have my advice and you shall have my prayers for you and yours FINIS 1 Cor. 11. 22. * In Cornwall * Steeple-house ☞ Dardanus Note Note a Erbury at Oxford and Cox at London b Sleydan Comment l. 5. fol. 71. a c Ibid. d Bonorum quoque communione humanitate cum primis esse consentaneam ut ex dignitate sunt omnes aequales ex conditione libere promiscuè omnibus bonis utuntur Ibid. fol. 64. prope finem e Quo factum est ut vulgus ab operis atque labore desisteret quâ quisque re careret ab aliis qui abundabant etiam invitis acciperit Ibid. See also l. 10. princip. a Promittebat auxilium quo viz. impiis interfectis novi substituerentur principes Magistratus namà Deo sibi mandatum esse profitebatur scil. Muncerus ut sublatis illis constitueret novos Ibid. b Sathanas sub Evangelii praetextu multos hoc tempore seditiosos planè sanguinarios excitavit Doctores Sleydan Comment l. 5. fol. 72. See more of their Doctrine l. 10. principio and of their doings in the following discourse of the Author of the same booke a Vitario perpetuum stipendium quinque marcarum statuitur nisi in partibus aliquibus Walliae ubi minore contenti sintd Lindwood constitut l. 1. de ofsic vicar sol 46. p. 2 col 2. in Textu fol. 47. p. col 1. Sed in glos. lit. g. Augmentatio facta est ad 8 Marcas sed tamen alii qui non sunt contenti sine decem Marcis revera 5 Marcae non sufficiunt ad hospitalitatem alia Ibid. in glos. lit. g. b See Polt Abridg. Edict Londin 1640. p. 11. Petit. Petit. Answ. Petit. Answ. Petit. Answ. Petit. Answ. * Gavelkind is a custome anciently observed in Kent whereby the land of the father is equally divided among all his sons or the land of a brother equally divided among his brethren if he have no issue of his own this was so common a custome as appears by the Stat. in the 18. year of H. 6. ca. 1. that there were not above 30 or 40 persons in Kent that held by any other tenure but Anuo 31 H. 8. ca. 3. many Gentlemen upon Petition got an alteration thereof Object Answ. a Smoke p. 25. b Quod Ecclesiae resormatae adhuc in side Tinitatis cum Papistis conconveniret â—ell praesat in lib. de Christo Tom. 1. secund Controvers general p. 271. c Smoke p. 14. d Numb. 18 28 e In veteri lego primitiae debebantur sacerdotibus decimae autem Levitis quia sub sacerdotibus Levitae erant Dominus mandavit ut ipsi loco decimarum solverent summo sacerdoti decimam decimae unde nunc eadem ratione tenentur Clerici summo pontisici decimam dare si exigeret Aquin. 22. q. 87. a. 4. ad 3. Soto 9. Inst. q. 4. art 4. ad 3. Loâ—in in Num. 18. 28. p. 687. f Polyd. Virg. Hist. l. 16. g Anno 26 H. 8. c. 1. Poult. Abridg. p. 561. h Ibid. c. 2. p. 565. Obj. i Sir Ed. Coke in his second Report in the Archb of Can. his case s. 49. b. And so the Authour of the foregoing learned Work Answ. Longa possessio sicut jus parit jus possidendi tollit actionem vero domino Bract. l. 2. fo. 52. M. Gillespie his brotherly examination of M. Colemans Serm. p. 32 33. Sir Ed Sands Europ Specul. p. 85. Obtulit se ad disputandum cum quovis Lutherano sub poena capitis si in probationibus defecisset Bell. de Eccles. Script p. 423. Quod valdè volumus facilè â—redimus Tom. 1. Concil. p. 104. Decimae sunt pura eleemosyna parochiani possunt propter peccata suorum praelatorum ad libitum suum auserre eas Concil. Constant Session 8. Tom. 7. Concil. p. 1016 col 2. Artic. 18. Object Answ. * Cujus legâ—s scil politicae vi nec ipsi sideles reformaiâ— denegant solvere decimas in regnis illis in quibus subjiciuntur Principibus qui illas lege solvendas sanciunt qua ratione etiam à theologis responsum fuit nonnullis qui scrupulo conscientiae se teneri praetendebant ne pontificiis ecclesiasticis solverent decimas qui Idololatriae sunt ministri D. Rivet Exercit in Genes Exercit. 80. p. 389. col 2. G. Sandys his Travailes l. 1. p. 77. Vineent Charter de Imag. Deor. Licet in limine pater jaceat per calcatum perge patrem siccis oculis ad vexillum crucis evola Hieron. ad Heliodor Tom. 1. p. 2. Genus pietatis est in hac re crudelem esse Ibid.