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A12763 De non temerandis ecclesiis A tract of the rights and respect due vnto churches. Written to a gentleman, who hauing an appropriate parsonage, imploied the church to prophane vses, and left the parishioners vncertainely prouided of diuine seruice, in a parish neere there adioyning. By Sr. Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641. 1616 (1616) STC 23068; ESTC S100543 41,397 238

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seruice of God Yea that pollute his Churches and houses of prayer to seruile base offices leauing the Parishioners vncertenly prouided of diuine seruice to the destructiō both of the Priesthood it selfe and of the seruice of God in generall 15 But they will comfort themselues with this that though the Churches bee sanctified to some purpose yet the sanctity thereof differeth from Leuiticall sanctification and that God doth not now kil any from heauen for prophaning the things of the Gospel as he did then for prophaning the things of the law I answer The sanctity in deed of the one differeth from the sanctity of the other For the Leuiticall things were sanctified by the hand of man to be matter of Ceremony but the churches of the Gospel are sanctified by our Sauiour himselfe to be houses of prayer Not that prayer is to be vsed onely in these places but that these places are onely to be vsed for prayer And wee must not presume that God sleepeth because hee punisheth not now as he did of old the cōtemners of his worship For as the law consisted in visible temporal things so the punishments therin were for the most part visible and temporal But the Gospel concerneth things inuisible and eternall and therefore the punishments assigned therein are for the most part inuisible eternall 16 They haue also another comfort and that is that though these things were once Spirituall now they are made temporall by the Lawes of Dissolution and especially by the Stat. of 32. H. 8. cap. 7. It is true that those Statutes apply diuers Law-termes vnto these things that properly belong to temporall inheritances and that the Statute of 32. H. 8. hath made them demandable by originall Writs hath giuen certain real actions other courses for recouering conueying of them in Temporall Courts because Lay-men could not in former times haue sued for things of this nature in any Court of the Kingdom But this prooueth not the things themselues to bee therefore temporall no more then that an English man is a Frenchman because he saileth in a French bottome For vpon the same reason the Statute giueth also other actions for recouering of tithes and offerings withholden c. in the Courts spiritual They then that out of the one part of the Statute wil haue them temporall are by the other part in forced to confesse them still Spirituall and so to make them like a Centaure prolem biformem It were very hard in my vnderstanding to ground a point of so great consequence vpon subtiltie of words and ambiguous implications without any expresse letter of Law to that purpose especially to make the Houses and offerings of God temporall Inheritances But I see it is a Law question in my Lord Dier whether tithes be made Lay or Temporal by any words in those Statutes And therefore I must leaue this point to my Masters of the Law who haue the key of this knowledge onely in their owne custody Yet I thinke I may bee so bold as to say thus much out of their owne bookes that a Statute directly against the Law of God is void If then Tithes be things spirituall and due de iure diuino as many great Clarks Doctors Fathers some Councels and that euer honorable Iudge and Oracle of Law my Lord Coke himselfe in the second part of his Reports affirme them to be I cānot see how humane laws should make them Temporal Of the same nature therfore that originally they were of of the same nature do I still hold them to cōtinue for manēte subiecto manet cōsecratio manet dedicatio Time Place and Persons do not change them as I take it in this case Nabuchodonozor took the holy vessels of the Temple hee caried them to Babylon hee kept them there all his life and at last left them to his ●onne and grandchildren but all this while the vessels still remained holy Yea though they were comne into the hands of those that were not tied to the ceremonies of the law and at length into the hands of them that had them by a lawfull succession from their Fathers and Grandfathers yet as soone as they beganne to abuse them to prophane vses that very night Balshazzer himselfe died for it the line of Nabuchodonozor that tooke them from the Temple was extinct and the Kingdome translated to another Nation Dan. 5. 2. 17 Happily also Lay Approprietaties comfort themselues that they may hold these things by example of Colleges Deanes and Chapters Bishops of the land and of diuers of our late Kings Princes Before I speake to this point I take it by protestation that I haue no heart to make an Apology for it For I wish that euery man might drinke the water of his owne well eate the milke of his own flock and liue by the fruit of his owne vineyard I meane that euery member might attract no other nutriment but that which is proper to it selfe Yet are they greatly deceiued that draw any iuce of encouragement from these examples For all these are either the Seminaries of the Church or the Husbandmen of the Church or the Fathers and Nurses of the Church all de familia Ecclesiae and consequently belonging to the care of the Church and ought therfore to be susteined by it for Saint Paul saith Hee that prouideth not for his owne and namely for them of his household he denieth the faith and is worse then an Infidell 1. Tim. 5. 8. Therefore before the Statutes of suppression of Abbies those that were not meerely Ecclesiasticall persons yet if they were mixt or had ecclesiasticall iurisdiction they might by the Lawes of the Land participate Ecclesiasticall liuings and Tithes particularly And this seemeth to take some ground out of the word of God For the prouinciall Leuites as I may terme them whom Dauid seuered frō the Temple and placed abroad in the countrey to be Rulers of the people in matters pertaining to God and the Kings businesse that is Spiritually and Temporally had their portions of tithes notwithstanding as well as the other Leuites that ministred in the Temple Now that the King is Persona mixta endowed aswell with Ecclesiasticall authority as with temporall is not only a sollid position of the common Law of the Land but confirmed vnto vs by the continuall practise of our ancient Kings euer since and before the Conquest euen in hottest times of popish feruency For this cause at their coronations they are not onely crowned with the Diadem of the Kingdome and girt with the sword of Iustice to signifie their Temporal authority but are anointed also with the oile of Priesthood and clothed Stola Sacer dotali and veste Dalmatica to demōstrate this their Ecclesiasticall iurisdiction whereby the King is said in the Law to be Supremus Ordinarius and in regard thereof amongst other Ecclesiasticall rights and
Dei as best agreeing with the intent of the Hebrew which Hierome in the Preface to his translation professeth confidently by many witnesses that he hath changed in nothing I alleage all this but to 〈◊〉 that by what variety of words soeuer the translators expresse the originall Hebrew yet they all concu●re with this as the Fountaine and st●n●ard that prima intentione it 〈…〉 the holy things though in ●ecun●d it bee caried vnto temporall Our selues also in our owne English translation vnderstand the houses of God for places dedicated to the seruice of God And therefore in the 9. verse of the 74. Psalme where our Church-Psalter saith burnt vp all the houses of God in the land the Geneua and the Kings addition report it burnt vp al the Synagogues of God in the Land So likewise in the 1. verse of the 84. Psal. The dwellings of God are expresly spoken of his Tabernacles and holy habitations not of his Temporall Yet doe I not deny but as I say Secunda intentione the words Sanctuarium or Houses of God in the 83. Psalme are truely carried to all Iudea and the people of God howbeit Hierome noteth expresly no such matter vpon it neither could Augustine find it in the litterall or historicall sence of the text and therefore he deduceth it to the people of God by way of Tropology vsing the metaphor of Saint Paul 1. Cor. 3. Sanctuarium saith he Templum dei sanctum est quod estis vos And Lyra accordingly Sanctuarium id est saith he Hierusalem in qua erat templum dei per consequens terram Iudea cuius metropolis erat Hierusalem Arnobius likewise of the Ancient taketh it first for the Temple holy vessell then extensiuely for the people and Land of Israel As for Cyprian Origen Tertullian Ambrose Chrysostome Gregory they meddle not with it that I can finde nor Hierome otherwise then as I haue mentioned But admit that at this day most doe expound it for the Temporalties of the Iews aswell as for their Leuiticall and Sanctified things What doth this contradict my application of this Psalme against Spoilers of Churches or wherein is my errour I affirme the Genus vpon one of the membra diuidentia and they vpon both I vpon one not exclusiue and they vppon both copulatiue Doe not they then themselues affirme my assertion Let Schoolemen be Iudges Yea doe they not iustifie and enforce it For if God loueth the gates of Syon more then all the dwellings of Iacob Psal. 87. 2. that is the outward and petty things of his Church more then a●l the stately temporalties of his Lay people yea if he loueth Iacob but for Sion that is the People but for the Church then Ex necessario to consequente when the Prophet denounceth such heauy things against them that menaced Gods Lay people and their possessions how much the rather doth hee it against such as with greater fury and impiety afflict his more peculiar and chosen seruants his Cleargy his Leuites his first borne Against these I say that forbeare not to violate the things more deare vnto him His Temple his Oracle his holy mysteries that is things belonging to his honour and diuine seruice things and meanes ordained to the propagation of his blessed word For this is the consequence of destroying our Churches this killeth the bird in the shel and to a person offending in this nature wrote I my Booke By like reason it may also be said that this Psalme was framed against Heathens and Infidels which in open hostility assailed the Church people of God with fire and sword not against such as be our owne brethren of the family of the Church though in some sort they doe iniury vnto it I answere that the Ammonites and Moabites were also of the kindred of Israel yea the Edomites and Ismalites of the linage of Abraham aswell as the Israelites themselues yet when they ioined with them that sought the destruction of the Church the curses of the Pr●prophet went as freely and as fiercely against them as the rest So if our Church be spoiled by her brethren her children or kindred the sentence is all one against them as against Heathen and Infidels yea and that also more iustly and deseruedly by the iudgement of the Prophet who accounteth the treachery of a familiar friend much more intollerable then the violence of an open Enemy Psalm 55. 12. But say I haue erred which indeed is too common with mee though it be humanum and doth the more easily befall mee hauing saluted the Schoole of Diuinity onely a longe and a limine I am therefore readie with Augustine to put it amongst my retractations if there be cause why yet as he said of Romulus Sed tamen errorē quo tu●atur habet For I am not the Author of this expositiō neither is it my own weapon but borrowed and put into my hand by others of elder time I confesse that as they which go to battell whet their swordes and bend their bowes so I sharpened both the edge and the point of it to my purpose For all spirits are not cast out by ordinarie power nor all humors perswaded by ordinary reason Knowing therefore what was necessary in particular for the party to whom I wrot I applied my selfe and my pen to that particular necessity yet not with Zidkiah to seduce him by vntruthes but as a faithfull Michaiah to leaue nothing vntold that belonged to his danger See then what I haue to defend my selfe withall both of ancient later fathers Doct rs● of the church the first application as I take it that euer was made of this Psalme was only to the purpose I alleadge it by ●ucius a deuout Bishop of Rome in the bloody age of the primitiue Church about 225. yeeres after Christ of whom to let passe Cyprian Bale a man of our owne giueth this testimony That hee was a faithfull seruant in the Lords house and enriched his Church with healthfull doctrine and afterward being purified in the Lambes blood hee pierced the heauenly Paradice being put to death at Valentinians commandement Anno 255. This Lucius as I noted in the margent of my Booke pag. 39. in an Epistle of his to the Bishops of Gallia and Spaine hauing determined many things touching the Church somewhat also against spoilers and defrauders thereof concluding them by the example of Iudas to bee thieues and sacrilegious persons hee proceedeth with them in this manner De talibus id est saith hee qui facultates Ecclesiae rapiunt fraudant auferunt Dominus comminans omnibus per prophetam loquitur dicens Deus ne taceas tibi ne sileas c. Reciting the whole 83. Psalme euery word as you may see Tom. 1. Concil of Binn●us edition pa. 180. col 2. I tooke this reuerend Father and great Doctor of the Church liuing in the purity of religion in the times of persecution and so neere the