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A74974 De non temerandis ecclesiis, churches not to be violated. A tract of the rights and respect due unto churches. Written to a gentleman who having an appropriate parsonage, imployed the church to prophane uses, and left the parishioners uncertainely provided of divine service, in a parish neere there adjoyning. / Written and first published thirty years since by Sir Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641.; Spelman, Clement, 1598-1679. 1646 (1646) Wing S4921; Thomason E335_5; ESTC R200775 67,012 74

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water of his owne well eate the milke of his owne flock and live by the fruit of his owne vineyard I meane that every member might attract no other nutriment but that which is proper to it selfe Yet are they greatly deceived that draw any juice 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 therefore to be susteined by it for Saint Paul saith He that provideth not for his owne and namely for them of his house-hold he denieth the faith and is worse then an Infidell 1. Tim. 5.8 a All Church revenues were at first paid to Bishops and by them distrin buted to the Preists poore c. after the Bishops were to have a fourth part of all tithes Per Concil Aurelian Mogunt Tribur Hanet c. Et per Conc. Tarraeon the third part Therefore before the statutes of suppression of Abbies those that were not meerely Ecclesiasticall persons yet if they were mixt or had Ecclesiasticall jurisdiction they might by the Lawes of the Land participate Ecclesiasticall livings and b Plowd in Quare imper Grend L. Coke Report part 5. fol. 15. Tithes particularly And this seemeth to take some ground out of the word of God For the provinciall Levites as I may terme them whom c 1. Chr. 26.30.32 David severed from the Temple and placed abroad in the Country 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 Levites that ministred in the Temple Now that the King is d Se Plowd in Quar. Imp. Gren. Et L. Coke de Jure Regis Eccles part 5. Persona mixta endowed as well with Ecclesiasticall authority as with temporall Is not only a sollid position of the common Law of the Land but confirmed unto us by the continuall practise of our ancient Kings ever since and before the Conquest even in hottest times of Popish fervency For this cause at their Coronations they are not onely crowned with the Diadem of the Kingdome and girt with the sword of Justice to signifie their Temporall authority but are anoynted also with the c Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces 33. Ed. 3. tit Aide de Roy 103. Ex Dom. Coke Repor part 5. oyle of Preisthood and clothed Stolâ Sacerdotali and veste d Dalmatia est vestis qua modo utuntur omnes diaconi ex consuetudine in solennitatibus ut 70 distin de jejunto Antiquitus tamen sine concessione Papae nec Epis copis nec Dia conis licebat uti hac veste Distinct 23. cap. Omnes filius Prateus Dalmaticâ to demonstrate this their Ecclesiasticall jurisdiction whereby the King is sayd in the Law to be Supremus Ordinarius and in regard thereof amongst other Ecclesiasticall rights and prerogatives belonging unto him is to have all the e 22. Edw. 3 lib. Assis plac 75. L. Coke par 5. fol. 15. a. Tithes through the Kingdome in places that are out of any Parish for some such there be and namely divers f As Inglewood c. ut patet an 18. Edw. 1. inter petitiones coram domino Rege ad Parliamentum Forrests But for all this O! that his Majestie would be pleased to remembet Sion in this point 18 * The danger that Proprietaries of Parsonages stand in I grow too tedious yet before I close up this discourse let me say one thing more to the Approprietaries of Churches that happily they hitherto have not dreamed of And that is that by having these Parsonages they are charged with Cure of soules and make themselves Subject to the Burthen that lieth so heavily upon the head of every Minister to see the service of God performed the people instructed and the poore releived For to these three ends and the maintenance of Ministers were Parsonages instituted as not only the Canons of the Church but the bookes of the Law and particularly the Statutes of 15 R. 2. cap. 6. And 4. H. 4. ca. 12. do manifestly testifie And no man may have them but to these purposes neither were they otherwise in the hands of Monasticall persons nor otherwise given to the King by the statute of dissolution then a See the extent of these words in L. Coke part 2. fol. 49. And note also that Parsonages appropriate are not mentioned in that Statute of 27. H 8. and the word tithes there seemeth to be meant of tithes belonging to the bodies of the Monasteries not of Parsonage tithes Ideo quaere how the King had them before the Statute of 31. Regnesui in as large and ample manner as the governours of those Religious houses had them nor by him conveied otherwise to the Subjects For Nemo potest plus juris in alium transferre quam ipse habet No man may grant a greater right unto another then hee hath himselfe And therefore go where they will transeunt cum onere they carry their charge with them Upon these reasons Proprietaries are still said to be Parsons of their Churches b Parsonimpersonee and upon the matter are as the incumbents c For the Monasticall persons and Prioresses themselves that could not performe the divine service were notwithstanding the Incumbents of their Churches and lay Approprietaries claiming under their right ought also to be subject to the same burthens thereof and the Churches by reason of this their incumbency are full and not void For otherwise the d There is yet no expresse law made to take away the Bishops jurisdictions over Churches appropriate that I can finde Ideoquare how it extendeth Bishop might collate or the King present a Clarke as to other Churches as it seemeth by the arguments of the Judges in the case betweene Grendon and the Bishop of Lincolne in Master Plowdens Coment where it is also shewed that the Incumbencie is a * See Dier Tren 36. H. 8. fol. 58. pl. 8. spirituall function and ought not to be conferred upon any but spirituall persons and such as may themselves do the divine Service and minister the Sacraments Therefore Dier L Cheife Justice of the Common Pleas there said that it was an horrible thing when these Appropriations were made to Prioresses and houses of Nunnes because that although they were religious persons yet they could not minister the Sacraments and divine Service Implying by this speech of his that it was much more horrible for Lay-men to hold them that neither could do these holy rites nor were so much as spirituall persons to give them colour for holding of spirituall things * Termes of the Law in verbo Appropriation Therefore he that inlarged the Termes of law first set forth by John
professeth confidently by many witnesses that he hath changed in nothing I alleage all this but to shew that by what variety of words soever the translators expresse the originall Hebrew yet they all concurre with this as the Fountaine and standard that primâ intentione it aimeth at the holy things though in secunda it be carried unto temporall Our selves also in our owne English translation understand the houses of God for places dedicated to the service of God And therefore in the 9. verse of the 74. Psalme where our Church Psalter saith burnt up all the houses of God in the Land the Geneva and the Kings Edition report it burnt up all 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 do I not deny but as I say Secundâ intentione the words Sanctuarium or Houses of God in the 83. Psalme are truely carried to all Judaea and the people of God howbeit Hierome noteth expresly no such matter upon it neither could Augustine find it in the literall or historicall sence of the text and therefore he deduceth it to the people of God by way of Tropology using 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 quae erat Templum Dei per consequens terram Judaeae cujus metropolis erat Hierusalem Arnobius likewise of the Ancients taketh it first for the Temple and the holy vessell then extensively for the people Land of Israell As for Cyprian Origen Tertullian Ambrose Chrysostome Gregory they meddle not with it that I can finde nor Hierome otherwise then as I have mentioned But admit that at this day most do expound it for the Temporalities of the Jewes as well as for their Leviticall and Sanctified things What doth this contradict my application of this Psalme against Spoilers of Churches or wherein is my erreur I affirme the Genus of one of the membra dividentia and they upon both I upon one not exclusive and they upon both copulative Do not they then themselves affirme my assertion Let Schoolemen be Judges Yea do they not justifie and enforce it For if God loveth the gates of Sion more then all the dwellings of Jacob Psal 87.2 that is the outward and petty things of his Church more then all the stately temporalties of his Lay people yea if he loveth Jacob but for Sion that is the People but for the Church then Ex necessario consequente when the Prophet denounceth such heavy things against them that menaced Gods Lay people and their possessions how much the rather doth he it against such as with great fury and impiety afflict his more peculiar and chosen servants his Clergy his Levites his first borne Against those I say that forbeare not to violate the things more deare unto him His Temple his Oracle his holy mysteries that is things belonging to his honour and divine service things means ordained to the propagation of his blessed word For this is the consequence of destroying our Churches this killeth the bird in the shell to a person offending in this nature wrote I my Book By like reason it may also be said that this Psalme was framed against Heathens and Infidells which in open hostility assailed the Church and people of God with fire and sword not against such as be our owne brethren and of the family of the Church though in some sort they do injury unto it I answere that the Ammonites and Moabites were also of the kindred of Israel yea the Edomites and Ismaelites of the linage of Abraham as well as the Israelites themselves yet when they joined with them that sought the destruction of the Church the curses of the 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 Heathens and Infidells yea and that also more justly and deservedly by the judgement of the Prophet who accounteth the treachery of a familiar freind much more intolerable then the violence of an open Enemy Psal 55.12 But say I have erred which indeed is too common with me though it be humanum and doth the more easily befall me having saluted the Shoole of Divinity onely a longè and a limine I am therefore ready with Augustine to put it amongst my retractations if there be cause why yet as he said of Romulus Sed tamen errorem quo tueatur habet For I am not the Author of this exposition neither is it my owne weapon but borrowed and put into my hand by others of elder time I confesse that as they which go to battell whet their swords 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 ordinary power nor all humours perswaded by ordinary reason Knowing therefore what was necessary in particular for the party to whom I wrote I applyed my selfe my pen to that particular necessity yet not with Zidkiah to seduce him by untruths 1 R. 22.17 but as a faithfull Michaiah to leave nothing untold that belonged to his danger See then what I have to defend my selfe withall both of Ancient and later Fathers and Doctors of the Church the first application as I take it that ever was made of this Psame was only to the purpose I alledge it by Lucius a devout Bishop of Rome in the bloody age of the Primitive Church about 225. yeares after Christ of whom to let passe Cyprian Bale a man of our owne Epist l. 3. Epist 1. giveth this testimony That he was a faithfull servant in the Lords house and enriched his Church with healthfull doctrine and afterward being purified in the Lambes blood he peirsed the heavenly Paradise being put to death at Valentinian's 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 See bere p. 60. having determined many things touching the Church and somewhat also against spoilers and defrauders thereof concluding them by the example of Judas to be theeves and sacrilegious persons he proceedeth with them in this manner De talibus id est saith he qui facultates Ecclesiae rapiunt fraudant auferunt Dominus comminans omnibus per prophetam loquitur dicens Deus ne taceas tibi ne sileas c. Reciteing the whole 83 Psalme every word as you may see Tom. 1. Concil of Binius edition pa. 180. col 2. I tooke this reverend Father and great Doctor of the Church living in the purity of religion in the times of persecution and so neare the ages of the Apostles to be a faithful