Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	council_n	rome_n	4,497	5	7.4489	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61095	Tithes too hot to be touched certain treatises, wherein is shewen that tithes are due, by the law of nature, scripture, nations, therefore neither Jewish, Popish, or inconvenient / written by Sr. Henry Spelman ... ; with an alphabeticall table.	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.	1640 (1640)	Wing S4931; ESTC R19648	146,054	238

it were but upon the threshold of his Kingdome and might justly fear some notable transmutation in discontenting his Clergy the halfe arch of his Kingdome even then hee forbare not to contest with them upon points of jurisdiction confining theirs unto matters of faith and extending his own to the uttermost limits of the outward government of the Church But because his hand and his seal doe more authentically enforce credit then the report of Authours and Historians see what he assumeth in his Charter of foundation of the Monastery Sancti Martini de bello commonly called Battail Abbey for that he built it as Romulus did the Capitol in the place where he overcame his enemies In this Charter he granteth that That Church shall be free from all servitude and from all things whatsoever mans invention can imagine and commandeth therefore that it be free from all government of Bishops neither shall the Bishop of Chichester though it be in his Diocesse make any Ordinations there nor grieve it in any thing nor execute any kind of government or authority there but that it be as free saith he from all his exactions as my own Dominicall or Demesne Chappell The Abbot shall not be compelled to goe to the Synod nor forbidden to promote his Monks to holy Orders where himself listeth nor he or his Monks to require what Bishop they will to consecrate Altars c. And this also by my Regall authority I ordain that the Abbot shall be Lord and Judge of all things in his own Church and within one league round about it c. see the Charter at large Here it appeareth that this victorious King Will. 1. took himself to have Pallium Ecclesiasticae jurisdictionis the fulnesse of Ecclesiasticall power and as the supream Magistrate thereof not only abridgeth and revoketh the jurisdiction of other Bishops within this place as of the Archbishop of Canterbury and the Bishop of Chichester but disposeth the same according to his owne pleasure namely to the Abbey of Battail with so great enlargement of priviledge and authority as no Bishop of the Kingdome hath the like Free from all servitude and from all things whatsoever mans invention can imagine are exquisite words of priviledge and how far they might stretch at those times when the profession of our Laws was not a science into Regall or Canonicall jurisdiction I cannot judge but I know by Staffords case 1 H. 7. f. 18. they will now bee restrained with many exceptions So likewise that the Abbot shall not be compelled to come at Synods or to take Ordinations for his Monks or Consecration of Altars c. from the Bishop of his Diocesse Nec aliquis Episcoporum in Dioecesi collegā suum super-grediatur Con. Carthag c. 19. Burchard li. 1. ca. 64. are directly against the Decrees of the Church Canons Synods and generall Councels As also it is that hee should be Judge of things in his own Church and the circuit assigned which though here it bee but a league I see not but he might as well have made it ten if it had pleased him and by consequence a County or Province And lest the King should seem to have done this by some indulgence from the Pope or connivency of his own Clergy he saith expresly that he doth it by his Regall authority and that not closely or under-hand but Episcoporum Baronum meorum attestatione And to declare how far the Clergy of that time was from repining or impugning this his jurisdiction the Archbishop of Canterbury the Bishops of Chichester Winton and Worcester are witnesses to the Charter and denounce a curse against the breakers thereof One other thing also is worthy of note that the Kings Demean Chappell seemeth by this not to be within the jurisdiction and Diocesse of any Bishop but exempt and as a Regall peculiar reserved onely to the visitation and immediate government of the King or such as it pleaseth him to substitute for the Archbishop of Canterbury hath no jurisdiction there by his own confession ut pat Hoveden l. 4.7 pa. 547. William Rufus in like manner told Anselme Archbishop of Canterbury that no Archbishop or Bishop of his Kingdome should be subject to the Court of Rome or to the Pope Quòd nullus Archiepiscopus vel Episcopus regni sui saith Mat. Paris curiae Romanae vel Papae subesset And because Anselm asked leave of him to fetch his pall from Pope Vrbane at Rome hanc ob rem saith Mat. Paris à rege majestatis reus postulatur he is called in question of High Treason and Gundulphus Bishop of Rochester and very many other Bishops approved the accusation In vita Will. 2. p. 17. 18. Malmsbery reporteth that his offence was for appealing to the Pope in matters between the King and him but he agreeth that all he had was confiscate and himself banished by consent of the Bishops and he addeth further that being after recalled into the Kings favour upon a new difference between the King and him he appealed the second time to Pope Vrbane and without the Kings licence would go thither for which cause his whole Bishopricke and goods were reseised into the Kings hands and he exiled And though the Pope threatned to excommunicate the King if he restored him not and the Councell then holden at Rome stormed much at the matter yet Anselm continued in that plight during the lives both of the King and the Pope Malmsb. de gest Pontif. li. 1. pa. 221 c. FINIS

Tithes too hot to be Touched Certain TREATISES wherein is shewen that Tithes are Due By the law of Nature Scripture Nations therefore neither Jewish Popish or Inconvenient Written by Sr. HENRY SPELMAN Knight and others With an Alphabeticall Table MAL. iii. 10. 12. Bring ye all the Tithes into the store-house that there may be meat in mine house and prove me now herewith saith the Lord of Hosts if I will not open you the windows of Heaven and poure you out a blessing that there shall not be room enough to receive it ROM ii 22. Thou that abhorrest idols dost thou commit Sacriledge LONDON Printed for Philemon Stephens at the gilded Lion in Pauls Church-yard The names of the severall Treatises are these 1. The Larger Book of Tithes 2. An Apologie of the Treatise De non temerandis Ecclesiis 3. An Epistle to Mr. Richard Carew concerning Tithes 4. A Treatise of Impropriations by Sr. Francis Bigot Knight of Yorkshire 5. An Epistle to the Church of Scotland prefixed to the second edition of the first Treatise printed at Edenburgh 6. A Resolution of a doubt touching the alienation of Tithes To the Enemies of TITHES BOoks are not written for such as making their Will and their Power the measure of their actions esteeme nothing unlawfull but what is unpossible but for those that desire to act as rational Creatures and will suffer themselves to be led by Religion and Reason And such I doubt not there be many even amongst those which now finde fault with the Ministers portion Men that drive not on their designes for private ends but conceiving Tithes to be either Jewish Antichristian or Inconvenient think they shall do God and the Church good service by seeking the abolishment of this and the establishment of some other maintenance for the Minister Let these consider that our Saviour foretold his Disciples that the time would come that whosoever should kill them would think they did God service John 16.2 and learn thence that it is possible for them also to be mistaken in their present opinion and therefore before they proceed any further let them take but this Book in hand and peruse it well without passion or prejudice and I am confident that they will find their objections answered their judgements rectified and their resolutions turned the other way and as David blessed God for sending Abigail to cool his rage and keep him from his revengefull purpose so they will blesse him for this worthy Knight that so happily met them in their Carreire and stopped them from running into that which I know they abhorre the guilt at least the suspicion of Sacriledge Such effects as ye shall * Epist to the Reader p. 21. read his learned works have wrought already yea farre greater For it is harder to perswade men to restore what they actually possess then to forbear seeking what they never had Let those that preferr a good Conscience before a great estate reade also that most judicious piece of Sr. Henry Spelman which hath here an Apologie though indeed it needed none De non temerandis Ecclesiis God in mercy blesse these and the labours of other his servants for the maintenance of his Church and the advancement of his glory Reader THat the Table may be more readily used write the the number of every page of the Preface with thy pen it being omitted by the Author which is likewise to be done in Sr. Henry Spelmans Apology His Epistle to Mr. Carew Sr. Francis Bigot's Epistle to King Henry the Eighth and and the Epistle of Mr. Knox. A Table of the Principall matters contained in the ensuing Tracts wherein St. signifieth Mr. Stephens Preface Sp. Sr. Henry Spelmans Treatise Ap. his Apologie Ep. his Epistle to Mr. Carew B. Sr. Francis Bigod's Preface to Henry the eighth Sc. The Epistles to the Scottish Clergy R. The Resolution of a doubt concerning the alienation of Tithes Introd Sr. H. Spelmans Introduction A ABingdon Abbay its Charter Sp. 185 Abuse of things taketh not away the use of them Sp. 84 Alienation of Church-means unlawfull St. 7. See Sacriledge and Appropriations Almes See Charity Offerings and Poor Alured See Kings Ambrose mistaken in the time when Jereremie lived Sp. 96. His slout and pious repulse of the Emperours demand Sp. 139 Anabaptists their wild principles and practices R. 3 4. See Tythes Anointing of Kings signifieth their spirituall jurisdiction Sp. 176 Apostles maintenance what it was Sp. 13. c. Why they resused what they knew belonged unto them Sp. 52. c. How carefull they were of the poor Sp. 13 Necessitie forced them to admit and omit what they otherwise would not Sp. 48 c. Their peregrinations Sp. 53 54 Approprietaries cannot by right grant their estate to others Sp. 160 Appropriations against the Word of God B. 3 Their originall Sp. 151 c. What difference between Appropriations and Impropriations Sp. 152. Whether Tythes and Appropriations belonged to Monasteries or not Sp. 163. In what sort they were granted to the King Sp. 164. and to what end Sp. 165. He ought not to have taken them Sp. 167 The Statute that transferred them seemeth to have been passed in hast Sp. 170 Ep. 2 c. How Bishops came to passe the Bill for them Sp. 156. Ep. 2. None properly capable of them but Spirituall men Sp. 159. The King may better hold them then any of his Lay-subiects Sp. 154 155. Though in the hands of Lay-men they continue still Spirituall livings Sp. 154 157. They that have them are bound if they will not be guiltie of the bloud of souls to restore them Sp. 169. Sr. H. Spelman's confidence that ere long they shall be restored Sp. 171. The number of Appropriations in England Ap. 16 Aristotle's iudgement concerning Tithes Sp. 120 B BAcchus gave first-fruits to Jupiter Sp. 108 Barbarous nations longer retain antient customs and naturall notions then those that are civilized Sp. 124 Battail-Abbay how largely priviledged Sp. 186 Bede commended Ap. 12 Benefactours Three things due to them Introd Benevolence of the people an unfit maintenance for the Minister Sp. 55 56. Sc. 3 Sr. Francis Bigot B. 5 Bishops when first ordained Sp. 50. What part of the Tithes was antiently allotted them Sp. 88-92 Of old Bishops were ioynt Magistrates with Earls in England Sp. 41.131 Boldness no sure signe of a good cause R. 19 C 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sp. 20 Mr. Richard Carew Ap. 5. Ep. 1 The Cartheginians smarted for neglecting to send Tithes to Hercules Sp. 124. They used to sacrifice their children to Saturn Sp. 125 Ceremonies why not all at once abolished by the Apostles Sp. 48 The Charitie of antient Christians Sp. 13 c. With what discretion we should guide our Charity Sp. 22 Christians of old how zealous in building and endowing of Churches St. 6 Christs zeal wherein especially shewen St. 16 Which his greatest miracle ibid. How frugally he maintained himself and his followers Sp. 11.

Judges and Lawyers in that Common-wealth of Gods own constitution And whereas it is now granted on all hands that there was 3. Courts of Justice in that kingdome 1. the great Councel of 70. Elders 2. the Court of Judgement consisting of 23. 3. the Court of three or some few more the Priests and Levites were principall men both Judges and Officers in all Courts Scophtim Schoterim as 1 Chron. 23.4 both to give sentence and judgement and also to execute the same so the Divines doe affirm also in their late Annotations upon 1 Chron. 26.29 30. and 2 Chron. 19.8.11 They did study the Judiciall and Politique laws and had power to see the law of God and injunctions of the King to be observed and to order divine and humane affairs And they held also other honourable offices 1 Chron. 26.1 for we read that Zechariah a Levite was a wise Counsellor And Benaiah a Priest son of Jehoiada 1 Chron. 27.5 was one of Davids twelve Captains being the third Captain of the Host for the third month and in his course consisting of 2400. was his son Amizabad 1 Chron. 11.22 Benaiah was also one of Davids principal Worthies having the name among the three Mighties He was also Captain of the guard to David and after the death of Joab hee was made Lord Generall of the Host by King Solomon in Joabs room 1 Kings 2.35 And because some have doubted whether they were imployed in the administration of justice it is more clearly of late evinced then formerly hath been for besides Sigonius Bertram Casaubon Moulin and divers others the learned Hugo Grotius in his Annotations upon Matthew cap. 5.21 hath very accurately proved it out of the Text Josephus Philo and other monuments of the Jews whose testimonies at large I cannot now recite that there was no distinction nor division of the Courts of Justice the one Ecclesiasticall the other Civill but the Courts were united and the Priests and Levites the principall Judges and officers in every Court to whom the people were to be obedient upon pain of death Deut. 17.12 they being appointed to hear every cause between bloud and bloud between plea and plea and between stroke and stroke being matters of controversie within thy gates and as our Lawyers call them Pleas of the Crown and Common pleas or whatsoever else did arise among them The Provinciall Levites were especially appointed to the Courts of Justice and also the Templar Levites when they had performed their courses and went home to their own houses being but one week in half a year were at very good leisure to assist the people in every Tribe where their Cities were allotted to them in governing ruling and directing in all matters pertaining to God and the King 1 Chron. 26.30.32 for which purpose God did scatter them in every Tribe and turned the curse of Jacob into a singular blessing Gen. 49.7 to be divided in Jacob and scattered in Israel appointing 1700. to be on the west-side Jordan and 2700. on the East-side The ancient frame of our Common-wealth for 500. years before the Conquest was thus disposed and governed as this learned Authour sheweth fully in his Glossary and Councels and happy had it been if things had so continued still but now the law being otherwise setled and the Courts divided it is not safe or easie to make alteration Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo hic ut jus divinum ille ut humanum diceret alterque alteri auxilio esset consilio praesertim Episcopus Comiti nam in hunc illi animadvertere saepe licuit errantem cohibere idem igitur utrique territorium jurisdictionis terminus Glossar Spelman The Bishop and Earl of the County were joynt Magistrates in every Shire and did assist each other in all causes and Courts and so Mr Selden in his History cap. 14. § 1. By this means there was great union and harmony between all Judges and Officers whereas there is now great contention for jurisdiction and intolerable clashing in all Courts by injunctions prohibitions consultations and crosse orders to the great vexation of the clients and subjects The division of Courts seems to have proceeded first from Pope Nicholas 1. as is mentioned in Gratian Can. cum ad verum 96. dist about 200. years before the Conquest which was imitated here by William the Conquerour whose statute is recited and illustrated by Spelman in his Glossary and Councels and lately also published by Lord Cook lib. 4. Institutes cap. 52. But the further proof hereof will require more then this place or occasion will bear onely thus much was necessary to be mentioned and asserted in regard of explication and reference to many passages in this book and also other parts of his works which perhaps are not obvious or well observed by every common Reader Vide Glossar Domini Spelman in diatribis de Comite de Gemottis de Hundredo c. Concilia passim CAP. VIII The great account made of Priests in the old Law and before PRiesthood is of 3. sorts 1. That before the Law 2. That of the Law 3. This of the Gospel The first belonged to the Gentiles the second to them of the Circumcision the third to us under grace The third came in lieu of the second and the second rise out of the first which was from the beginning and the work of nature Erant nihilominus ea tempestate sacrdotes nec dum adhuc à lege ordinati sed naturali sapientia hoc requirente perficiente l. 11. in Iob p. 2. for as Origen saith naturall wisdome required and established it Abel and Cain before the Priests office by the instinct of nature not by commandement when each of them sacrificed or made an oblation unto the Lord Gen. 4.4 their outward senses reported to them continually the great mercies that God had shewed unto them and their inward taught them presently that they must be thankfull and what course was fittest to expresse their thankfulnesse namely to honour him that gave all with somewhat of his own I say to honour him with it not to reward him therefore both of them as it is said in Gen. offered of their fruits Cain like a churle his fruits simply that is his ordinary and lean stuffe but Abel like a Prince his first-fruits that is his best fruits namely the fat c. Gen. 4.3 4. Thus was Priesthood instituted corrupted and reformed even in the beginning Cain for ought that here appeareth to the contrary began it and likewise corrupted it Abel continued and reformed it but some rather think and so saith Hugo that Adam taught it to his children and this to me seemeth more likely In Gen. 4.3 that the better function should be derived from the better man and not from the bloody mind of murdering Cain From this fountain it ran under ground I mean unspoken of till the time