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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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withholde part of his owne goods which he pretended hee would giue vnto God how much more is it in vs presumptuously to reaue that from God that others haue alreadie dedicated and deliuered vnto him Salomon saith Hee that robbeth his Father and his Mother and saith it is no sinne is the companion of a murtherer or him that destroieth But he that purloineth the things of God robbeth his Father and he that purloineth the things of the Church robbeth his mother And therefore that man is a companion of the destroier The fathers the Doctors many great Councels and ancient Lawes of the Church command that things taken from the Church should be restored And the Church by her ● Preachers and Ministers continually entreateth vrgeth and requireth all men to doe it They therefore that doe it not they refuse to heare the Church And then our Saour Christ by his owne mouth denounceth them to bee as Heathens and Publicans that is excommunicate and prophane persons If he refuseth saith our Sauiour to heare the Church also let him be vnto thee as a heathen man and a public in Mat. 18. 17. It is a fearefull thing not to heare the Church but much more not to heare Christ himselfe Christ hath giuen vs a perpetuall Lawe and Commandement touching things belonging to God That wee should giue them to God If we breake this Law we breake a greater Lawe then that of the Medes and the Persians and therefore marke what the holy Ghost concludeth vpon vs Euery person that shall not heare this Prophet Christ Iesus shall bee destroied out of the people Act. 3. 23. 20 To conclude then as the Philistims made hast to send home the Arke of God and the Aegyptians to ridde themselues of the people of God so let vs ply our selues to render vnto God his Lands and Possessions with all speed Otherwise as he strucke the Philistims with Emrods secretly and the Aegyptians with manifold scourges openly so onely himselfe knoweth what hee hath determined against vs. And thus I end with the saying of the blessed Saint Cypryan Nec teneri iam nec amari Patrimonium debet quo quis deceptus victus est Wee must now neither hold that Patrimony or liuing no nor so much as take pleasure therein whereby a man is entrapped and brought to destruction And with that other of the noble Saint Augustine With what face canst thou expect an inheritance from Christ in Heauen that defraudest Christ in thy inheritance heere on Earth Therefore Giue vnto Caesar the things that are Caesars and vnto God the things that are Gods ❧ An Epilogue PArdon mee good Reader though I haue neither satisfied thee nor my selfe in this little discourse It is hard to bring a great vessell into a small creeke an argument of many heads and branches of much weight variety and difficulty into a fewe pages It may bee thou thinkest the volume bigge enough for the successe that Bookes of this nature are like to haue I reiect not thy iudgement yet would I not haue others thereby discouraged from pursuing this cause for though Peter fished all night and got nothing yet hee made a great draught vnlooked for in the morning Hee that directed that net giue a blessing to all our labours For my owne part if I catch but one fish I shall thinke mine well bestowed Howsoeuer it shall content me and I thanke God for it that he hath girded mee with so much strength as to strike one stroke though a weake one in his battell and to cast one stone though a small one against the aduersaries of his Church Some will say I haue vsed too much salt and vineger in this discourse and that I haue bent the great Altillery of Gods iudgements and threatnings vpon a piece of too light importance I would the consciences of men were such as oyle and butter might supply them But I see they are for the most part ouergrowne with so hard a carnosity as it requireth strong and potent corasiues to make an entrance into them A Preacher may shake them now and then with a Sermon as Paul did Faelix but when the thunder and lightning are ceased they are like Pharaoh still where they were Yea some haue conscientas cauteriatas as the Apostle termeth them censciences ●eared with an hot iron so stupified that dead Lazarus may be raised before they can bee moued But God knoweth the heart of man and bringeth water out of the hard rocke therefore though I haue spoken this as being iealous of the cause yet in charity I will hope better euen of the hardest of them Onely let no man thinke it a light sinne to keepe open the passage whereby the wilde bore of Barbarisme enters the Lords vineyard and whereby God is depriued of the honour due to his name Now at the parting it may be thou desirest to know what successe this my labour had with the Gentleman to whom I sent i● In truth neither that I desired nor that which I promised vnto my selfe For so it pleased Go● that euen the very day the messenger brought it into Norfolke the party died Otherwise I wel l●oped not to haue shot this arrow in vaine But because it then missed the marke at which it was sent and many thought not fit to loose it I haue now let it flie againe at randome with some notes and alterations as the difference betweene priuate and publike things requireth but still desiring that I might further haue shewed my mind in many passages hereof and particularly touching tithes in quoto and such Parsonages as haue Vicarage● well endowed which without making it almost a new worke I could not doe and therefore resting vpon thy curieous interpretation I leaue it to thee for this time as it is A SERMON OF St. Augustines touching rendring of Tithes The occasion of this Sermon or Homily was ministred vnto him by the time of the yeere it being the 12. Sunday after Trinity that is about the beginning of Haruest The Scripture that he sitteth vnto it is the 18. of Luke Where the Pharesie boasteth of his precise iustice in payment of Tithes It is the 219. Sermon de Tenipore extant in the tenth Tome of his works and there extituled De reddendis decimis BY the mercy of Christ most beloued brethren the daies are now at hand wherein we are to reape the f●uits of the earth and therefore giuing thanks to God that bestoweth them let vs bee mindfull to offer or rather to render backe vnto him the tithes thereof For God that vouchsafeth to giue vs the whole vouchsafeth also to require backe againe the tenth not for his owne but for our benefit doubtlesse For so hath hee promised by his Prophet saying Bring all the Tithe into my Barnes that there may bee meate in my house and trie mee saith the Lord
our precedent Auncestors as well as by our dutie out of the word of God to do the same as appeareth by many Presidents whereof I will onely alleadge one but aboue others that most famous of ETHELWULPHVS King of West-Saxony who in the yeere of our Lord 855 as Ingulphus Saxo and Simeon Dumelmens report by the aduice and agreement of all his Bishops and Nobility Gaue not onely the tithe of the goods but the tenth part of the Land through his Kingdome for euer to God and the Churches free from all secular seruices taxations and impositions whatsoeuer In which kind of religious magnificence as our succeeding Kings haue also abounded so haue they from time to time as well by Parliament Lawes as by their Royall Charters confirmed these and other the Rights of the Church with many solemne vows and impreceations against all that should euer attempt to violate the same Therefore if these things had not bin primarily due vnto God by the rule of his word yet are they now His and seperate from vs by the voluntary gift and dedication of our ancient Kings and Predecessours as was the tribute of a third part of a shekell which Nehemiah and the Iews out of their free bountie couenanted yeerely to giue vnto God for the seruice of his house For as Saint Peter saith to Ananias Whilest these things remained they appertained vnto vs and were in our owne power but now when wee haue not onely vowed them but deliuered them ouer into the hands and possession of Almighty God and that not for superstitious and idle orders but meerly for the maintenāce of his publike diuine worship the Ministers thereof they are not now arbitrable nor to be reuoked by vs to the detriment of the Church 6 Churches being erected and endowed they and their liuings were as I say dedicated vnto God First by the solemne vowe and oblation of the Founders then by the solemne act of the Bishoppe who to seperate these things from secular prophane imployments not onely ratified the vow and oblation of the Patron or Founders but consecrated also the Church it self vsing therein great deuotion many blessings praiers works of charity and some Ceremony for sanctifying the same to diuine vses Therefore also haue the ancient Councels added many fearefull curses against all such as should either violate it or the Rights thereof This consecration Master Perkins calleth a Dedication but confesseth it to haue beene in vse in this manner about the yeere of Christ 300. which is within the time of the Primitiue Church onely he admitteth not that it was then performed with Ceremony and the signe of the Crosse which heere I will not stand vppon nor to shew the greater antiquity thereof though I thinke it may well bee prooued For Athanasius being in those daies accused by the Arians of ministring the Communion in a Church not consecrated excused himselfe to haue done it vpon necessity And Theodoret reporteth that Constantine then likewise cōmanded all those that were at the Councel of Fyrus should come to Aelia and that others should be assembled from all parts for Consecration of the Churches builded by him Which sheweth it to be so notorious and generall an vse at that time and to haue such vniuersal approbation as it could not but haue a roote also from elder ages though there cannot be many presidents found thereof for that the Christians being then in persecution might hardly build or dedicate any Churches but were constrained to vse priuat houses and solitary places for their assemblies Yet euen those houses hadde as it seemeth some consecration for they were most commonly called aedes sacrae Holy houses haue left that name to this day amongst vs for our Churches as a testimony of their sanctification whereof I shal speake more anon * Eusebius also saith that insomuch as the Holy houses and Temples of that time were thus Dedicated and Consecrated vnto God the vniuersall Lord of all therefore they receiued his name were called in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Lattin Dominica the Lords houses Which name saith he was not imporsed vpon them by man but by himselfe onely that is Lord of all Of this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 commeth the Saxon word Cyric or Kyrk and by adding a double aspiration to it our vsuall word Chyrch or Church as it were to put vs euer in mind whose these Houses are namely the Lords houses like that which IACOB dedicating vnto GOD called Bethel that is the house of God But both Church and Church-liuings were thus solemnely deliuered into Gods possession and therefore all ages Councels and Fathers that euer I yet haue met with account them holy and inuiolable things And hereupon they are termed Patrimonium Christi Dos Ecclesiae Dos sponsae Christi and Sacrata possessio or Praedium sanctum For Euery thing that a man doth separate vnto the Lord from the common vse whether it be man or beast or Land of his Inheritance it is Holy to the Lord Leuit. 27. 28. And in what sort I vnderstand the word Holy I haue before declared 7 As then the Law of Nature primarily taught all Nations in the world to giue these things vnto God so the very same Law also taught them that it was sacriledge and impiety to pull them backe againe yea the very heathē counted the things thus seuered vnto their gods to be Sancta inuiolanda And Saint Augustine expoundeth Sanctum illud esse quod violare nefas est It is execrable wickednes to violate that that is holy Pharo would not abridge the Priests of thei● diet or land no not in the great famin The very Barbarous Nations of the world euen by the instinct of nature abhorred this impietie Diodorus Siculus noteth of the Gaules that though they were a people aboue all others most couetous of gold yet hauing aboundance thereof scattered in all parts of their Temples to the honour of their gods none was found so wicked amongst them as to meddle with any of it I could alledge a multitude of Heathen stories to this purpose But I will not weaue the wollen yearne of the Gentiles into the fine linnen garments of the Christians I meane I will not mingle profane arguments in a discourse of Christian piety For the sheep that are of the fold of Christ are tied onely to heare his voice and to follow that which if they doe not they are thereby knowne to bee Goats and not of his fold 8 The cause why I touched vppon this one heathen Example is to aggrauate the manifold sins of vs Christians in this point For if they that knew not God were so zealous of the glory of their Idols how much more is it to our condemnation if wee that know him doe lesse regard him If it goe hard with Tyrus and
teacheth vs to doe and this the Lawe of GOD requireth also at our hands but what the set portion of our goods should bee that thus wee ought to render backe vnto God I cannot say the Lawe of Nature hath determined that But the wisdome of all the Nations of the World the practise of all Ages the example of the Patriarches ABRAHAM and IACOB the approbation and commandement of Almighty GOD himselfe and the constant resolution of his CHVRCH vniuersally hath taught prescribed vs to render vnto him the Tenth part and that this Tenth part or Tithe being thus assigned vnto him leaueth now to be of the nature of the other nine parts which are giuen vs for our worldly necessities and becommeth as a thing dedicate appropriate vnto God For it is said Leuit. 27. 30. All the tythe of the land both of the seed of the ground and of the fruit of the trees is the Lords yea more then so It is holy vnto the Lord. And againe verse 32. Euerie Tithe of Bullocke and Sheep and of all that goeth vnder the rodde the tenth shall bee holy vnto the Lord. He saith holy vnto the Lord not that they were like the sanctified things of the Temple which none might touch but the Annointed Priests but Holy and seperate from the vse and iniurie of secular persons and to bee disposed onely to and for the peculiar seruice and peculiar Seruants of GOD. And therefore in the 28. verse it is said to be seperate from the common vse because it is separate and set apart vnto the Lord. 3 But some happily will say that this vse of Tithing rises out of the Leuiticall Lawe and so ended with it I answere that it was receiued and practised by Abraham and Iacob diuers hundred yeeres before it came to the Leuites For it is said that Abraham gaue tithe to Melchisedeck Gen. 14. 20. And that Leuy himselfe paid tythe also in the loines of Abraham Heb. 7. 9. Melchisedecke was the image of CHRST and his Church Abraham of the congregation of the Faithful Therfore though Leuy receiued tithes afterward by a particular grant from GOD for the time yet now hee paide them generally with the congregation in the loines of Abram vnto the Priesthood of Christ heere personated by Melchisedeck which being perpetual an image of this of the Gospell may well note vnto vs that this dutie of Tythe ought also to bee perpetuall And therfore Chrysostome saith that Abraham heerein was OVR tutor not the tutor of the Iewes And in somuch as Abraham paid it not to a Priest that offered a Leuiticall Sacrifice of Bullocks and Goates but to him that gaue the Elements of the Sacrament of the Gospell bread and wine it may also well intimate vnto vs to what kinde of Priest we are to pay our tithes namely to him that ministreth vnto vs the Sacrament of bread and wine which are onely those of the Gospell and not the Leuiricall Priests So that our tythe paide in this kinde cannot bee said Leuiticall as also for that the Leuitical tythes were onely of things renewing and increasing whereas Abraham and Iacob paid them of all as if they had followed the cōmandement of the Apostle Let him that is taught in the Word make him that hath taught him part taker of AL. Gal 6. 6. God also requireth this dutie of tythe by his owne mouth as of olde belonging vnto him before the Leuites were called to the seruice of the Tabernacle and before they were named in Scripture For they are not named till Exodus 38. 21. And it is said in Exodus 22. 29. Thine bundance of thy liquor shalt thou not keepe backe meaning Tithes and first fruits and therfore Ierome doubteth not so to translate it Thy Tithes and first Fruits shalt thou not keepe backe And in this manner of speech the word Keepe backe sheweth that it was a thing formerlie due vnto GOD for wee cannot say that any thing is kept backe or with-holden that was not due before Therefore wee finde no originall commondement of giuing tithe vnto GOD but vpon the first mentioning of them in Leuiticus they are positiuely declared to bee His as a part of His Crowne and ancient demaine for it is there said Cap. 27. 30. All the tithe of the Land is the Lords And Moses commandeth not the people a new thing but declareth the Right that of olde belonged to GOD namely that All the tithes of the land was his Other phrases of Scripture doe confirme this for afterward when tithes came to be assigned to the Leuites God doth not say The children of Israel shal giue their tithes to the Leuites but he saith Behold I haue giuen them to the Leuites And continuing this his claime vnto them against those that many hundred yeeres after disseised him of them hee complaineth Malachy 3. 8. That they that withheld their tyths from the Leuites spoiled him himselfe But hauing handled this argument more largely in a greater worke I will heare close it vp with opposing against these kindes of Aduersaries not onely the reuerend authority of of those ancient and most honourable Pillars of the Church SS Ambrose Augustine Hierome and Chysostome who though they runne violently with Saint Paul against such ceremonies as they conceiued to to be Leuiticall yet when they come to speake of Tithes admit maintaine and command the vse thereof But also the resolution of many ancient Counsels and a multitude of other Fathers Doctors of the Church in their seu●rall ages all of them concurring in opinion that Tithes belong iustly vnto GOD and many of them commanding all men euen vpon perill of their soules not to withholde them which Argument S. Augustin himselfe pathetically maintaineth in a particular Sermon of his to this purpose And though it be a great question among the learned whether they bee du● in queta parte iure diuino which requireth a larger discourse yet I neuer read of many that impugned them absolutely Lieutardus who liued about 1000 yeeres after Christ taught the payment of them to bee superfluous and idle and then growing desperate drowned himselfe as it were to giue vs a badge of this Doctrine 4 Touching oblations and offrings The Fathers vnder this name accounted all things that were giuē or dedicated to the seruice of God And in the first ages of Christiā religiō after the great persecutions the Church by this meanes began so to abound in riches that the good Emperours themselues were constrained to make laws not vnlike our statutes of Mortemaine to restrain the excesse thereof for feare of impouerishing their temporall estate In those daies many Churches had Treasuries for keeping these oblations as the Storehouses at Hierusalem appointed by Hezechias for the Temple but the succeeding Ages contracted them into Chests and in these later times the