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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	ecclesiastical_a	king_n	temporal_a	3,017	5	8.3913	4	true

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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

quarundum propositinum ex Ep. ad Rom. that they likewise should doe the same and thereupon S. Austin saith that in those things that concern this life wee must be subject to them that govern humane things But my meaning is that a temporall Prince cannot properly dispose the matters of the Church if he have not Ecclesiasticall function and ability as well as Temporall for I doubt not but that the government of the Church and of the Common-wealth are not only distinct members in this his Majesties kingdome but distinct bodies also under their peculiar heads united in the person of his Majesty yet without confusion of their faculties or without being subject the one to the other For the King as meerly a temporall Magistrate commandeth nothing in Ecclesiasticall causes neither as the supream Officer of the Church doth he interpose in the temporall government but like the common arch arising from both these pillars he protecteth and combineth them in perpetuall stability governing that of the Church by his Ecclesiasticall jurisdiction and that of the Common-wealth by his temporall For this cause as Moses was counted in sacerdotibus Psal 99.6 though he were the temporall Governour of the people of Israel so the Laws of the Land have of old armed the King persona mixta medium or rather commune quiddam inter laicos sacerdotes and have thereupon justly assigned to him a politique body composed as well of Ecclesiasticall jurisdiction as temporall like to that of David Jehosaphat Hezekias and other Kings of Juda who not onely in respect of their Crown led the Armies of the people against their enemies but as anointed with the holy oyle ordered and disposed the very function of the Levites of the Priests and of the Temple as you may read in their severall lives in the books of the Kings and Chronicles But the Kings of England have proceeded yet further in the gradations of Ecclesiasticall profession as thinking it with David more honourable to be a door-keeper in the House of God then to dwell in the tents of the ungodly that is to execute the meanest office in the service of God then those of greatest renowne among the Heathen and Infidels Therefore they have by ancient custome even before the Conquest amongst other the solemnities of their Coronation not only been girt with the regall sword of Justice by the Lay Peers of the Land as the embleme of their temporall authority but anointed also by the Bishops with the oyle of Priesthood as a mark unto us of their Ecclesiasticall profession and jurisdiction And as they have habenam regni put upon them to expresse the one so also have they stolam sacerdotii commonly called vestem dalmaticam as a Leviticall Ephod to expresse the other The reasons of which if we shall seek from the ancient Institutions of the Church it is apparent by the Epistle of Gregory the great unto Aregius Bishop of France Ep. l. 7. c. 111. that this vestis dalmatica was of that reverence amongst the Clergy of that time that the principall Church-men no not the Bishops themselves might wear it without licence of the Pope And when this Aregius a Bishop of France requested that he and his Archdeacon might use it Gregory took a long advisement upon the matter as a thing of weight and novelty before he granted it unto them But 22. years before the time of Edward the Confessor unto whom those hallowed vestures happily did belong with which his Majesty was at this day consecrated these dalmaticae Propter solennitatem Sp. S. Diaconi dalmaticis induantur Idem Decr. p. distinct 76. le Jejunio otherwise called albae stolae were by the Councell Salegunstadiens cap. 2. made common to all Deacons and permitted to them to be worn in great solemnities which the Kings of England also ever since Edward the Confessors time if not before have always been attired with in their Coronations And touching their unction the very books of the Law doe testifie to be done to the end to make them capable of spirituall jurisdiction for it is there said that Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces the Kings being anointed with the holy oyle are now made capable of spirituall jurisdiction This ceremony of unction was not common to all Christian Kings for they being about Hen. 2. time 24. in number onely four of them besides the Emperor were thus anointed namely the Kings of England France Jerusalem and Sicil. The first English King as far as I can find that received this priviledge was Elfred or Alured the glorious son of noble and devout Ethelwolphus King of West-Saxony who about the year of our Lord 860. being sent to Rome was there by Leo 4. anointed and crowned King in the life of his father Witlasius Rex Merciorum subditus Ethelwolphi regis West-Sax Coronat Ingolf 856. l. 56. and happily was the first King of this Land that ever wore a Crown whatsoever our Chroniclers report for of the 24. Kings I speak of it is affirmed in ancient books that only four of them were in those days crowned But after this anointing Alured as if the Spirit of God had therewith come upon him as it did upon David being anointed by Samuel grew so potent and illustrious in all kindes of vertues as well divine as morall that in many ages the world afforded him no equall zealous towards God and his Church devout in prayer profuse in alms always in honourable action prudent in government victorious in wars glorious in peace affecting justice above all things and with a strong hand reducing his barbarous subjects to obedience of Law and to love equity the first learned King of our Saxon Nation the first that planted literature amongst them for himself doth testifie in his Preface to Gregories Pastorall that there were very few on the South-side Humber but he knew not one on the South-side of the Thames that when he began to reign understood the Latine Service or could make an Epistle out of Latine into English c. He fetched learned men from beyond the Seas and compelled the Nobles of his Land to set their sons to school and to apply themselves to learn the Laws and Customes of their Country admitting none to places of Justice without some learning nor sparing any that abused their places for unto such himself looked diligently He divided the Kingdome into Shires Hundreds Wapentakes and them again into Tithings and free Bourghs compelling every person in his Kingdome to be so setled in some of those free Bourghs that if he any way trespassed his fellows of that free Bourgh answered for him The memory of this admirable Prince carrieth me from my purpose but to return to it his successors have ever since been consecrated and thereby made capable of spirituall jurisdiction and have accordingly used the same in all ages and thought by the Pope to be so enabled unto it

contrary ad vos spectat scil Ecclesiasticos give me leave to defend that worthy man being now dead in whose behalf I must avow that the originall is plainly ad nos and not ad vos which lest it should seem either mistaken or questionable King Edgar himself doth manifestly clear it both by deeds and words for of his own authority he removed generally the Clerks of that time that were not professed out of the Monasteries and placed in their rooms Monks and regular persons as appeareth by his owne words in his Charter of Malmesbury Malmsb. pag. 58. l. 17. And also in the foundation Book of the Abbey of Winchester written all in golden letters wherein likewise he prescribeth the rules for the government of the religious persons there and saith that himself will look to the Monks and that his wife Aelfthryth shall look to the Nuns And lest it should seem that he had done this rather out of the will of a Prince then by just authority Hoveden and Historia Jornalensis doe testifie that he did it by the advice and means of Ethelwould Bishop of Winton and Oswald Bishop of Worcester So that the very Clergy of that time agnised executed and affirmed his jurisdiction herein which I will close up with a materiall sentence out of his Charter in Glastenberry extant in Malmsbury de gest Reg. li. 2. pag. 57. where the words be these Concessit etiam scil Edgarus ut sicut ipse in propria ita totius insulae causas in omnibus tam Ecclesiasticis quàm secularibus negotiis absque ulla ullius contradictione Abbas Conventus corrigeret that is King Edgar granted that the Abbot Covent of Glastenberry should correct or amend all causes as well Ecclesiasticall as secular within the whole Isle of Glastenberry as himself did within his own Isle namely of England So that the King here denounceth that himself hath the correction or ordering of all Ecclesiasticall causes within this his Isle And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from medling within the Isle of Glastenberry and lest he should seem to doe a new thing he closeth it up with this apology That his predecessors Cemwines Ines Ethelardus Cuthredus Elfredus Edwardus Ethelstanus Edmundus had all of them done the like and he might have added out of Bede l. 2. c. 7. that Cenwalch King of West-Saxon of his own authority divided the Sea of Agilbert his Bishop being a French man and of another language which he understood not and gave one part thereof unto Winus a man of his own Nation which though he were afterwards compelled by necessity and discontent of Agilbert to reunite yet his successor Inas divided them again and then they so continued Hen. Huntington l. 4. pa. 33. l. 49. It is true that ad majorem cautelam King Edgar required John 12. to confirme these priviledges lest any as he saith should in future time either take them away or throw out the Monks but himself had first done it of himself and the vigor that the Pope added to it was rather a fortifying of it with a curse against robbers and spoilers then an enlargement of the validity thereof as quickning thereby a livelesse body For so likewise may the Popes own authority be disputable insomuch as he also required the generall Synod then holden at Rome Anno 965. as Malmsbur saith to confirm it But the fashion of those times was that secular Princes sought sometimes to have their temporall Laws confirmed by the Pope with a curse against the breakers thereof as did Howell Dhae for those his Laws of Wales and in like manner was it usuall for Councels and Synods to seek the confirmation of their Canons from temporall Princes as did that of Orleans before spoken of from Clodoveus and the Councell of Toledo _____ from Euricus who made a speciall Law for establishing it as you may see in the Laws of the Wisegothes l. 12. tit 1. ca. 3. ut sic gladius gladium adjuvaret It may be objected that Edgar being the great King of this whole Isle for he styled himself totius Albionis basileus might usurp upon the Church and doe these things rather in the will of a Prince then by just authority It is manifest partly by that which I said before but plentifully by his Charters that the Clergy of that time were so far from denying or repining at this his jurisdiction that they affirmed and subscribed unto it as appeareth in his Charters And how large soever his Dominion was his humility was as great for though in matters of government he carried himself as the head Officer of the Church yet in matters of faith he was so obedient that to expiate his incontinency with a Nun he threw himself at the feet of Dunstan his Bishop submitted himself to seven years penance and presumed not to be consecrated till the 14. year of his reign But these things were no novelties either in the person of Edgar or in the Princes of those ages for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction as you may perceive by those cited by Edgar in the Charter of Glastenberry and by many other in particular Charters of their own Yea the Kings of Mercia that were but vassals and underlings to the Kings of West-Saxony within the limits of their little Kingdome used the same plenitude of authority as appeareth by the Charter of Kenulphus who lived about the year 850. made to the Abbot of Abingdon wherein he saith Sit autem praedict ' rus liberum ab omni regali obstaculo Episcopali jure in sempiternum aevum ut habitantes ejus nullius regis aut ministrorum suorum Episcopive aut suorum officialium jugo deprimantur sed in omnibus rerum eventibus ac defensionibus causarum Abbatis Abbindenensis Monasterii de caetero subjiciantur Term. Trinitat 1 H. 7. f. 18. b. And it is there said by the Judges fol. seq b. that many Abbeys in England had larger words then these in the Kings Charter as Omnimoda justitia quicquid regales potestates conferri possunt To leave the Saxon Kings and to come to the Normans that we may see by what channell this fluent of authority hath been deduced to his Majesty Lanfranc Archbishop of Canterbury in the Conquerours time would have given the Abbotship of S. Augustines but the new King saith the book i. William the Conquerour did deny it saying that he would conferre all Pastorall Staves in his Realm and would not conferre that power to any whatsoever Govern you saith he that which appertaineth to faith and Christianity among the Monks but for their outward service you shall let me alone with that You see here that the King doth not in covert manner or by little and little creep into Ecclesiasticall jurisdiction but with an absolute resolution whilest he yet stood as

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