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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