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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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De non temerandis Ecclesiis A TRACT OF THE RIGHTS AND RESPECT DVE 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 The second Edition enlarged with an Appendix By Sr. HENRY SPELMAN Knight AT LONDON Imprinted by IOHN BEALE and are to be sold by William Welby 1616. DEO ECCLESIAE ACT. 28. 24. Some were perswaded with the things that were spoken and some beleeued not The Printer to the READER THis small Tract now aboue two yeeres past was by mee printed for that worthy Knight the Authour thereof with no intent to haue it published and being hitherto by me suppressed from reprinting here at home I find it to bee of late time printed in Scotland contrary both to the Authours and my expectation and Dedicated by another man to the Bishops and Cleargy there and so made more publike being of it selfe priuate then was first intended which I suppose had the Author knowen or once misdoubted the sequell instead of De non temerandis Ecclesiis hee would haue studied another Title De non temerandis Scriptis alienis that his writings might not be impropriated when Benefices are made proper Wherefore finding many st●ps in 〈◊〉 from his copie I haue as well in the right of the Authour as of my selfe to whom the right of the sole Printing belonged caused it to be reprinted And though at th● time of the putting it to the Presse I could not con●erre with the Author he being then in the Countrey yet hath it pleased him since his comming home to adde something more vnto it as his leasure would permit him which I haue annexed to the end therof And thus haue I attempted to make a priuate worke publike lest the faults of other men should vniustly he cast vpon him that deserued so well in so rare an Argument Farewell To the Reader AL the vessels of the Kings house are not gold or siluer or for vses of Honour Some be common stuffe for meane seruices yet profitable Of the first sort I am sure this Tract is not Whether of the other or no I leaue that to thy iudgemēt To deale plainly my selfe haue no great opinion of it as finding mine owne imperfections and writing it only vpon a priuat occasion to a priuat friend without curious obseruation of matter or method But hauing also written a greater worke much of the same Argument and intending to publish or suppresse it as I see cause I thought it not vnfit vpon some encouragement to send this forth like a Pinnesse or Post of Aduice to make a discovery of the Coast before I aduenture my greater Ship If I receiue good aduertisement I shal grow the bolder Howsoeuer take this I pray thee as it is and let my zeale to the cause excuse mee in medling with matters beyond my strength H. S. A Letter shewing the occasion of this Treatise To the worshipful his most louing vnckle FR SA c. MY good Vncle the speeches that past casually betweene vs at our last parting haue runne often since in my minde and so perhaps haue they done in yours You complained as God would haue it that you were much crost in the building you were in hand with vpon a peece of gleabe of your Appropriate Parsonage at Congham I answered that I thought God was not pleased with it insomuch as it tended to the defrauding of the Church adding amongst some other words that I held it vtterly vnlawfull to keepe Appropriate Parsonages from the Church c. But our talke proceeding I perceiued that as God had alwaies his portion in your hart so in this though it concerned your profit you seemed tractable It much reioyced mee and therefore apprehending the occasion I will be bold to adde a continuance to that happy motion so I trust both you and I shall haue cause to terme it and besides to giue you some tribute of the loue and duty I long haue ought you Therefore good vncle as your heart hath happily conceiued these blessed sparks so in the name and blessing of God cherish and enflame them No doubt they are kindled from heauen like the fire of the Altar and are sent vnto you from God himselfe to bee a light to you in your old daies when your bodily eies faile you to guide your feete into the way of peace that is the way place from whence they came So alwaies I pray for you and rest Westmin Aug. 17. 1613. Your louing and faithfull Nephew HENRY SPELMAN Errata Pag. 1 ● line 5. read all his goods p. 60. 1. r. concurre p. 124 l. 11. r. Therefore he that inlarged the Termes of the Law first set forth by Iohn Rassall also p 145. l. 14. r. supple p. 178 ● 8. 1. 〈…〉 p. 175. l. 21. r. Kings Edition De non temerandis ECCLESIIS OF THE Rights and respect due vnto the Church IN SOmuch as the rights Duties that belong to our Churches are in effect contained vnder the name of a Rectory or Parsonage I wil first define what I conceiue a Rectory or Parsonage to be according to the vsuall forme and manner thereof A Rectory or Parsonage is a Spirituall liuing composed of Land Tythe and other Oblations of the people separate or dedicate to God in any Congregation for the seruice of his Church there and for the maintenance of the Gouernour or Minister thereof to whose charge the same is committed By this definitiō it appears that the ordinary liuing or reuenew of a Parsonage is of 3 sorts the one in Land cōmonly called the Glebe another in Tithe which is a set and regular part of our goods rendered to God the third in other offrings and oblations bestowed vpon God and his Church by the people either in such arbitrable proportion as their owne deuotion moueth them or as the lawes or customes of particular places doe require them 2 Though I inuert order a little I will first speake of Tithes because it is Gods ancient demain and the nobler part of this his inheritance founded primar●ly vpon the Lawe of nature as the other bee also after their manner For the Lawe of Nature teacheth vs that God is to bee honoured and that the honour due vnto him cannot bee performed without Ministers nor the Ministers attende their function without maintenance And therefore seeing God is the supreame Lord and possessor of all and giueth all things vnto vs that we are maintained with it is our duty both in point of Iustice and Gratuity to render something backe againe vnto him as acknowledging this his supremacie and bounty as honouring him for his goodnesse as a testimony of the worship loue and seruice we owe him and lastly as a meanes whereby these duties and seruices may be performed to him This I say the verie Lawe of Nature
notwithstanding that whatsoeuer remaineth ouer and aboue moderate diet and conuenient apparrell bee not bestowed in riot and carnall pleasure but laied vp in the treasurie of Heauen by way of Almes to the poore For whatsoeuer God hath giuen vs more then wee haue neede of he hath not giuen it vnto vs particularly but hath committed it ouer vnto vs to bee distributed vnto others which if wee dispose not accordingly wee spoile and rob them thereof Thus farre S. Augustine ERasmus in a generall censure of these Sermons de Tempore noteth many of them not to bee Saint Augustines so also doth Master Perkins and diuers other learned men who hauing examined them all all particularly and with great aduisement reiecting those that appeared to bee adulterat or suspected admit this notwithstanding as vndoubted And although Bellarmine seemeth to make a little question of it yet hee concludeth it to bee without doubt an excellent worke and either Saint Augustines owne or some other ancient Fathers But hee saith that many things are cited out of it as out of Augustine in Decret 16. qo 1. And to cleare the matter further I finde that some parts heereof are alleadged vnder the name of Augustine in Concil Triburiens which was in the yeere of our Lord 895 cap. 13. And twenty yeere before that also in Concil Moguntin 1. cap. 8. So that Antiquitie it selfe and diuers Councels accept it for Augustines I will not recite a great discourse to the effect of this Sermon amongst the workes of Augustine in the Treatise De rectitudine Christiane religionis because Erasmus iudgeth that Treatise not to bee Augustines Yet seemeth it likewise to be some excellent mans and of great antiquity But if thou wouldst heare more what Augustine saith vnto thee of this matter take this for a farewell Maiores nostri ideo copijs omnibus abundabant quia Deo decimus dabant Caesuri censum reddebant modo autem quia descessit deuotio Dei accessit indictio fisci Noluimus partiri cum Deo decimas modo autem totum tollitur Hoc tollit siscus quod non accipit Christus An Appendix by the Author I Haue beene often sollicited within these two yeeres both to reimprint this little Treatise and also to publish a greater worke much of the same Argument Some especiall reasons haue made mee vnwilling to doe either Not that I doe aut clypeum abijcere aut causam deserere But I finde my arme too feeble for so great an attempt and in matters of such weight and consequence a better opportunity is to be expected then is yet afforded I desire therefore not to be hastned herein though hee that published my Booke in Scotland out of his zeale to the cause taketh that for one of his Motiues When I did first let it goe forth I did it only in couert manner not thinking it worthy of the broad eye of the World nor holding it fit to haue that which was done in a corner preached vppon the house top or that which passed priuatly betweene me and my friend to flie in this sort at once to both the Poles of the Monarchy Hereupon I hitherto by entreaty with held it from a reimpression But I being in the Countrey and It being now to me as ●lius emancipatus and out of my power the Printer hath taken aduantage of his liberty and in my absence printed it againe with the former infirmities I wish since it must needes be thus that I had ouer run it with a new hand aswell to explane it in some things as to helpe and fortifie it in other For the Argument hath many aduersaries not of the Laity onely but amongst the Church-men themselues All are not pleased with this forme of Maintenance other are not satisfied how it is due Some also conceiue Scriptures in this manner some in that and where one is best pleased there another findeth most exception Thus he that commeth vpon the Stage is the Obiect and Subiect of euery mans opinion Yet must I herein confesse my selfe beholden vnto many for I vnderstand this small Essay hath giuen them good liking To satisfie all I labour not but to the worthier sort I would performe what I could Being therefore enformed about a yeare almost since that some particular Diuines of learning and iudgement conceiuing well of my Booke supposed that I had departed from the ancient and moderne interpreters in applying the 12. verse of the 83. Psalme Onely to the sanctified things of the Iewes which they said was spoken of all their houses and Cities in generall I did then vnto them as I thought it fit reddere rationem fidei facti And in like manner because the booke goeth forth againe vpon a new aduenture and may encounter with the like obiections I held it now as necessary to adde something vnto it in that point being so materiall Yet must I signifie vnto you that they which tooke that exception accounted both my argument and whole discourse the stronger notwithstanding Ex consequente as namely that if it were so heinous a sinne to inuade the temporall things of the Iewes much more must it needes bee to inuade the spirituall So that no man is either freed or cased by this suggestion but rather the more ensnared and ouerwhelmed Neuerthelesse I vnderstand that which followeth hath cleared this point vnto them and I hope so shall it also do● vnto others which separate not themselues from our Church if cause require I Am not ignorant that many moderne and some Ancient Interpreters vnderstand the body of the 83 Psalme of the taking of the houses and cites of the Iewes in generall not onely of the Temple and Synagogues nor onely of the Cities of the Leuites for the very historicall texture of the Psalme discouers as much But that branch of it where on 〈◊〉 I fastened my anchor and where I chiefly insisted namely the 12 verse touching the taking of the houses of God in possession which indeed is the center of the Psalme what interpretation soeuer it receiueth most of them interpret it primarily and positiuely for the Temple 〈◊〉 Holy things then per translationem for Hierusalem and by consequence for all Iudea and the people of God in respect that they were there planted For though wee following Genebr●d Caluin and Arias Montanus translate it litterally Take the houses of God in possession yet the Septuagints Greekes interpret it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Hierome in the Latin Vulgar accordingly Sanctuarium Dei in his other translation called Haebraeica veritas which also agreeth with that elder cited by Lucius in the primer ages of the Church Pulchritudine●● Dei Pellican electissima all of them by such denominations as are most proper to the Temple holy things And therefore the Church in all former ages and for the most part yet also beyond the Seas euen in the reformed parts of Germany retaineth that interpretation of Sanctuarium