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A11503 Vindiciæ sacræ. A treatise of the honor and maintenance due to ecclesiasticall persons. Done out of the Latin, of that famous diuine of Holland, H. Saravia, sometime prebend of Canterbury.; De diversis ministrorum evangelii gradibus. Part 3. English Saravia, Adrien, 1530-1612.; Martin, James, fl. 1615-1630. 1629 (1629) STC 21752; ESTC S112329 24,696 101

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of the Church were disposed But to confiscate and sweepe all away without any legall proceeding or hearing of the parties was against all right and reason If Bishops and Priests were willing to renounce Popery and embrace the Truth there was no cause to expell them vnlesse perhaps Church-Liuings were to bee numbered among the Heresies and Idolatries of the Romish Church as some good fellowes would haue them And here I know not whether the Ignorance of Ministers or the Auarice of Magistrats be more blame-worthy Both without question were very faulty But those subtle and crafty Politiques which hypocritically made a faire shew to fauour the preaching of the Gospell for their owne base and wicked ends were the Authors and Abettors of all this mischiefe So that what in others was Error or Ignorance in them was pure Malice and Villany For who can excuse them of sacriledge which vnder colour of reforming the Church in many places of High and Low Germany made a prey of all that was giuen to the Church I confesse the supreme Magistrate ought to be the Patron of the Church and may by his authoritie enact Lawes concerning Church-liuings but in no case appropriate them to himself For the Patron ought not to dispoyle his Clyent And it was neuer heard of before these Times that any Christian Magistrate did confiscate all Ecclesiasticall Possessions without exception All Histories haue branded them with Infamy which in Extremities of the Commonwealth haue taken away but a part What then shall we thinke of those which haue playd at sweepe-stake with Church-Liuings I name none but I meane them which by their lewd Examples haue taught their Neighbours to commit Sacriledge Wherein they imitate Iulian the Apostate and the great Turke which make no difference betwixt sacred and prophane and not any Christian Magistrate either of these or former times that I know To such it is a shame that Sacriledge may iustly be obiected But a farre greater shame that by such it should be vniustly committed CHAP. II. The definition of Sacriledge SOme there are that thinke no Sacriledge can be now committed because forsooth the difference betwixt sacred and prophane in externall things is by our Sauiours death extinguisht But this is not the opinion of a Diuine but of an Atheist rather For though to the holy all things be holy and all things prophane to the prophane yet the distinction of Things which they haue in their vse and end is not to be abolisht Among all Nations there was euer a maine difference set betwixt that which was dedicated to Diuine worship and that which was for vulgar vse It is the End which for the most part denominates all things Priuate men haue their Treasure and the Common-wealth hers If you regard the stuffe both are of the same nature to wit Gold and Siluer and whatsoeuer else is of value But if you respect the End and Possessor it is farre otherwise For the end of priuate wealth is the profite of one onely Family But the end of the publike is the benefite of the Prince and People In like sort the Treasure or Wealth which is giuen or collected for the Worship of God hath a farre different end from the other and being consecrated to a holy vse is therefore sacred Furthermore as the Wrong against the Prince or State is more heynous then that against a priuate man And therefore the stealing from a priuate man is but Theft but from the publike Treasurie Pecula● Robberie in the highest degree So by how much more it is a greater crime to sinne against GOD then Man the expilation of the sacred Portion is farre more damnable then any other Theft or Robberie whatsoeuer And therefore it is properly termed Sacriledge and is defined The stealing of a thing sacred The turpitude of which Theft is so execrable that God himselfe all Nations haue punisht it with exquisite Torments But the former definition comprises not onely things destinate to the seruice of the true GOD but also of false Gods For the Knowledge and Contempt of any Deitie is of the Essence of Sacriledge Now that all or the most which Popish Clergie possessed either by the Poore or Churches interest hath beene purloyned sold confiscate or conuerted to priuate mens vses it is so cleere that I need not stand further vpon it CHAP. III. Reasons or Pretenses where-with some would palliate their Sacriledge BVT sacrilegious Persons and their Proctors contend that whatsoeuer was done in this case was lawfully done both for the abolishing of the Popes Tyrannie and for the establishing of the Gospell Their Reasons are these Ecclesiasticall possessions were imploied to idolatrous and prophane vses which being abrogated they cannot by the Lawes descend to any but onely to the publike Treasurie the gouernment whereof belongs to the Christian Magistrate And as the godly Emperors Constantin Theodosius Honorius and Arcadius hauing banished the Idolatry of the Gentiles tooke into their hands without any note of Sacriledge the Reuenewes and Possessions of their Priests and Temples to dispose as pleased them So also the Christian Magistrate hauing cashierd Popery may by the same Right challenge the Wealth and Substance which belonged to Priests Monkes Nunnes and the like and confiscate them as Escheats vsually are according to Law For no Bishop euer thought that the Church had any Right or Title to those Goods or Reuenewes which were destinated to Idolatry Strange therefore it were that any Minister of the Gospel should clayme the Riches of the Popish Church as due to the Reformed Besides there is extant an Imperiall Decree in the Court in the first Booke De Paganis Sacrificijs tit 14. in these words Omnia loca c. that is Wee command that all places which the Error of the Ancients assigned to Sacrifices be appropriated to our Estate But that which We or the Princes our Predecessors haue by that Right bestowed on particular persons Wee will that it be perpetually confirmed to them as their Patrimonie And those things which We are pleased by many Edicts to allot to the Church let the Christian Religion challenge as her owne Dated at Rauenna 3 Cal. Sept. Honorius the 10 and Theodosius the 6 Emperors By which Decree it is manifest that the Emperours had right to dispose to whom they pleased those Goods which after the abrogation of the Idolatry of Pagans had no owners And in the Digest Lib. 33. tit 2. De vsu vsu fructu legatis leg 16. Legatum c. We read of Legacies bestowed vpon Showes or Playes which were not lawfull to bee acted And if the word Masse bee put in stead of the word Playes the case will be alike The words of the Law are thus Legatum Ciuitati relictum c. that is A Legacie being bequeathed to a Citie to the end that out of the yeerely Reuenewes a Show be exhibited in the Citie in memorie of the defunct which is vnlawfull to be