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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
city_n	bishop_n	church_n	rome_n	9,289	5	7.3911	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68659	A vievv of the civile and ecclesiasticall law and wherein the practice of them is streitned, and may be releeved within this land. VVritten by Sr Thomas Ridley Knight, and Doctor of the Civile Law.	Ridley, Thomas, Sir, 1550?-1629.; Gregory, John, 1607-1646.	1634 (1634)	STC 21055.5; ESTC S115990	285,847	357

peaceable ages they drew nearer and made bold to build their Fonts a little distance from the Church afterwards they obtained that they might bee set in the Church-porch and at last got them into the Church But they were not placed in every Church for at the first they were onely found in Cities where the Bishop himselfe resided and onely in the great Church of such a Citie and though Service might be said in the lesser Minsters and rurall Churches yet the right of Sepulture and Baptisme belonged to the Cathedrall Church unlesse it were in case of necessitie and it was therefore called the Mother-Church because that as the people in their Mothers wombe were borne Men so in the Fonts of Baptisme as in the Churches wombe they were borne Christians In succeeding ages when it was found that the Mother church was too farre distant from some Villages and so situated that in the Winter time the people could not repaire thither consideration was had of this inconvenience and the Bishop tooke occasion from hence to transferre the right of Baptisme and Sepulture to the Rurall Churches and this together with the right of Tythes c. made it a Parochiall Church of that kinde which wee now have But because also in many Parishes some Families liv'd so remote from their Church that they could not conveniently frequent it it was indulged to those that they might build themselves either in or neere their mansion-places a private Oratorie reserving for the most part the right of Baptisme and Sepulture to the Parish-Church which in respect of these lesser Oratories was to be accounted their Baptismall and Mother-Church It was also provided that these Families notwithstanding their grant of a private Oratorie should upon high dayes repaire to their chiefe Church as it seemeth by the Councell held at Agatha Can. 21. Tom. 1. Si quis extra parochias in quibus legitimus est ordinariúsque conventus oratorium in agro habere voluerit reliquis festivitatibus ut ibi Missasteneat or as Grattan hath it in the Decree Audiat propter fatigationem familiae juxta ordinem permittimus Paschate verò Natali Domini Epipbania Ascensione Domini Pentecoste Natali S. Iohannis Baptistae si qui maximè dies in festivitatibus haebeautur nonnisi in Civitatibus aut Parochii●…ean or as Gratian hath it audiant Those private Oratories were afterwards called Capellas Chappels and those that in them exercised the Ministeriall function were called Capellans Chaplaines But for the reason of the name see Baronius upon the Roman Martyrologue at the 11. of Iune Or if the Cardinall there satisfie not see what Cujacius hath observed out of Hesychius Ad 4. lib. Decretal C. Capellanus De Secundis Nuptus By that which hath bin said it may appeare in some sort what was a Baptismall Church And it is agreeable to that which Linwood hath noted upon the Provinciall Constitution Baptisterium in verb. Baptismal Eccles A Baptismall Church saith he is Sive Cathedralis sive Parochialis talis viz quae habet populum nam in Ecclesia collegiata vel conventuali qua non habet populum non debet esse Baptisterium Dicitur etiam Ecclesia Baptismalis respectis Capellarum subjectarum quarum plebis infantes in ea baptizantur non in ipsis Capellis imn ò ad ipsas Ecclesias Baptismales tanquam matrices pro Baptismo recurritur c. Concerning these Baptismall Churches the Canon saith that there can be but Vna in eadem terminatione cum suis Capellis cap. Plures 16. q. 1. And that the Tythes were of right to be paid to these Churches it is evident by the Decree where Anastasius provideth that no man under paine of Excommunication should Tenere aut extra Ecclesiam Baptismalem dare decimas oblationes Ecclesiae quas dare debet populus C. Statuiums eod tit And Leo Non tantùm nebis sed etiam Majoribus nostris visum est decimas justo ordine plebibus tantùm ubi Sacrosancta Baptismata dantur debere dari C. De Decimis ibid. Yet notwithstanding all the care that could be taken the complaint was Quidam Laici vel in propriis vel in beneficus suas habent Basilicas contempta Episcopi dispositione non ad Ecclesias ubi Baptismum pradicationem manuum impositionem alia Christi Sacramenta acci piunt decimas saas dant sed vel propriis basilicis vel aliis Ecclesiis pro libitu suo tribuunt C. In Sacris ibid. What distinction of Churches our owne Ancestours had and how neare it commeth to that which hath beene said wee may observe out of the Decree made at Winchester in the Reigne of King Cnute where it is provided that all those that any wayes violate the peace of the Church should receive a proportionable penaltie Therefore saith the Decree num 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ealle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 na 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 habban 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mid 120 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 60 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First let the breaking of the Church peace bee according to the deede it selfe and according to the dignitie of the Church All Churches have not alike dignitie in worldly worth though they have a holy Consecration alike 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or peace-breaking in the head Church hath the same punishment as that of breaking the Kings peace and that is five pounds by English Law In an inferiour Minster 't is 120 shillings and that also is the Kings mulct In lesser Churches where litle Service is said and yet there is a burying place 't is 60 shillings In field-Churches where there is no burying place 't is 30 shillings How Tythes were to be paid to these Churches it may be understood by an other Decree of the same Parliament num 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 haebbe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 haebbe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on ne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aele 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be aelcan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it is in the Lawes of Edgar where this Decree also is set downe num 3. that is If a Thane have a Church in his bocland to which there belongeth a burying place let him give the third part of his owne Tything to that Church if hee have a Church without a burying place let him give of the nine parts to his Priest that which he will and let all Cyricsceat goe to the elder Minster out of all free-hold For that which the Law calleth Bocland see Lambard in the Explication of words premised to his Archatonomia where also hee telleth what a Thane is baptismall

Corporations as the Princes Bakers Vintners Paper-sellers Money-changers professours of Liberall Sciences specially in Rome and Constantinople which after the seate of the Empire was translated thither had all the priviledges of old Rome saving the Ecclesiasticall primacie for which notwithstanding there was long dissension betweene the two Cities Next after Rome and Constantinople * Nullius rei●diga as Patricius hath it In the Emperours dayes it was much renouned for the study of the Law Digest Proem § Haec autem unde Impp. Theodosius Valent AA eam urbem Metropolitano nomine ac dignitate exornârunt as B●sson relatet● Beritus a chiefe Citie of Syroph●nicia had great priviledges for the famous Universitie which was in the same and such Provinces or Countries as served the same or any of them with yearly provision of Corne Oyle Beefe Mutton Porke and such other like victuall which provision was to be distributed among the poore and impotent of the cities and not to be given to stout and valiant beggers which are able to get their living with their owne hands and therefore were to be compelled to worke The Aldermen or Governours of Cities for that they are imployed in matters of greater services yet none of them were to be called to any office before he had beene even with the common-wealth if happely any of them were in debt to it neither were they or any of them excused more than from personall services but in prediall duties they paid every one according to his rate But as for Enterlude-players and houses of baudery they had no exemption at all but paid double charges to the rest Of Husband-men some are servants as Copy-holders others are free as Free-holders who notwithstanding themselves are as it were bound unto the soyle and are rated in the Subsidie according to their Acres and if they have no Land then according to the head or number of their houshold which notwithstanding at this day is taken away and these as well pay rent to the owners of the ground wherein notwithstanding the Landlord cannot exact of them or charge them above that which hath beene covenanted betweene them as Tribute and Head-silver to the common-wealth for the declining of which and avoiding of necessary services of the common-wealth as no man can put himselfe under the patronage of any Noble man so also they cannot be called from this service of the common-wealth to any other Country-men such as were addicted to the ground they tilled although the ground were their owne yet could they not sell it to any man but to him that was of the mother-village wherein himselfe was A Mother-village was that whence all the villages round about were derived Although all such husbandmen as dwell in any village are to pay Subsidie for such goods as they possesse or such lands as they hold yet one neighbour is not to be disquieted or arrested for an other mans due for that it is a thing unlawfull to trouble one for another or not to cesse men indifferently according to the value of their lands and the worth of their goods And therefore the Romans in rating of matters of taxes had first Cessers which rated men according to that which they thought their state to be then had they Levellers or Surveyors who considered the rate set downe mended it and made it even easing such persons or grounds as were over-rated and charging more deepely such others as were overlightly taxed procuring that such grounds as were waste and barren should be brought to tillage and that the barren should be joyned with the fruitfull that by such meanes the Prince might receive subsidie out of both March-grounds and such as lie in the bounds of any kingdome serve for the maintenance of such Garrisons as are there placed for the defence of the Marches and such as hold the said lands are to pay a yeerely provision or pension for the same as also the Princes pastures woods and forrests which are let out upon a certain yeerely rent either for a certain time or in fee farme for ever which in respect they pay an ordinary payment to the Prince either in money or in provision are discharged from all other ordinary and extraordinary burthens Publick things are those which appertain to the Exchequer or to the Church which may in like sort be rented out for a season or for ever as the possession of the Exchequer may so it be done to the certain benefit of the Church and under such solemnities as in this case are required otherwise it cannot be let out but for 30. years or for three lives Fee-farme is when lands and tenements or other hereditaments are let out for ever under a certain yearly rent in reacknowledgement of the soveraigntie thereof belonging still to the first Lord whereby both the right and possession passeth to the former in fee. SECT 5. The Matter of the 12. Booke of the Code THe third and last of these Bookes treateth of the honours that the Exchequer giveth of which the first and chiefest was the Pretorship which anciently was a great dignity but after became an idle name onely and a burthen to the Senators as in which at their owne charges they were to set out playes and shewes and gave unto the Emperour in consideration of his or their glebe land a certain quantity of gold called Aurum glebale or if they had no glebe land then offered they to the Emperour an other peece of gold called Follis aurea both which afterward were taken away Next was the Consulship which was not to be sought by ambition or by scattering money among the people but by cleere suffrages and desert After the Consulship came in place the Constable or Master of the Souldiers and those which were called Patricii for that their fathers had beene Senators whose place under Augustus was equall to the Consuls although they were in no office and function of the common-wealth and the other is not so much an administration as a dignity as the Senatorship anciently was into the which who that were admitted were accounted as Parents to the Prince and Fathers to their Countrey Fourthly in place were the Princes Chamberlaines who were adorned with sundry priviledges and had the title of honour Fiftly followed the Treasurer who was Master of all the receipts and Treasure of the Prince publick or private and of all such officers as were underneath him Then the Prenotary chief Notary or Scribe of the Court who was called Primicerius To this purpose note that the Ancients for want of those more proper materials which Experience hath discovered to our times were wont to write in waxen Tables as may be observed out of the Junior Plinie in an Epistle to Tacitus Lib. 1. Epist Note also that upon occasion given for inrolling of their names who bare any office or dignity the use was to set the highest degrees in primâ cerâ in the first place of the Table from hence

brought in that great Prescription which is called the Prescription beyond the Lateran Councell whereby Lay men held Tythes in fee without paying any thing therefore unto the Church and out of that issued the rest of those pettie Prescriptions which wee now have which are nothing else but imitations of the first By the second came in Priviledges Customes and Compositions or if they came not in wholly by them yet surely were they much strengthned by them but of either of these after in their places But for that of all these forenamed greevances in the Church as farre as my reading serves mee Prescription is the eldest and first rusht into the Church and violated the Liberties thereof I will first begin thereby shew upon what occasion it first seised upon the Church and prevailed against her and then will I speake of the rest in order It is out of question that from the time of Origen who lived within foure score yeares after the death of Saint John the Evangelist as also did Cyprian who was his coëquall in time and so along by the ages of Chrysostome Ambrose and Augustine and some of the purer Popes as Vrban the second Dionysius and Gregorie the great there was good use of Tythe in the Churches where Christian Religion was imbraced as may appeare by every of their testimonies that God had not appointed it to bee a provision onely for such as served at the Altar under the Law but also was purposed by him from the beginning to be a maintenance for the Ministerie under the Gospel and therefore Origen in his xi Homily upon Numbers speaking of Tythes saith thus I hold it necessarie that this Law or precept be observed according to the letter and upon the 22. of Mathew hee thinketh Christs words uttered there as concerning Tythe to be a precept no lesse necessarie for the use of Christians than they had beene for the Jewes and therefore hee accounteth Tythe neither ceremoniall nor Judiciall but morall and perpetuall Cyprian in his Lxvi Epistle adviseth the Clergie of his time since they had Tythes allotted unto them for their maintenance they should not absent themselves from Gods service Chrysostome upon the viij of the Acts useth this argument to persuade husband-men to pay their Tythes truely unto the Church That it is good for them so to doe for that there are continuall prayers and intercessions made for them by the Ministerie Jerome upon Timothie saith The precept of payment of Tythes is aswell to be understood in the Christian people as in the Jewes Reade Ambrose in his Lent Sermon and Augustine in his xliiij Homily and Gregorie in his xvj Homily and you shall finde no lesse plaine places for the continuance of the payment of Tythes among the Christians than the former were Adde to these the practice of Dionysius himselfe who by Jeromes account flourished in the yeare 266. who not onely divided out Parishes drawing the example thereof from Saint Paul who first appointed Bishops in Cities but also assigned orderly to every Parish his Tythes All which held in the Christian common-wealth in a decent and comely sort untill the irruption of the Hunnes Gothes and Vandals upon the Christian world who first invading Italie under the Emperour Justinian did for many yeares so harrow the whole Countrie and specially Lombardie as that they left not almost a man of excellent Religion any where unpersecuted overturned Churches burnt Libraries overthrew Schooles of learning and to be short what wickednesse did they not insomuch as Gregorie the great being otherwise a very good man and one that did relye himselfe upon the providence of Almightie God verily thought and taught that the end of all things was then come but after those fierce and barbarous people once set their face to goe against France which had beene hitherto free from that Hospinian de orig Monach. inundation which happened in the dayes of King Theodorick who lived about the 650. yeare of the incarnation of our Saviour Jesus Christ * Concerning Charles Martel wee finde in Storie thus That though hee was a man of a rare and warlike spirit and vouchsafed great protection to the perillous times hee liv'd in yet also wee finde that he gave occasion to many miserable inconveniences to follow by suffering himselfe to be so notorious and unusuall an example of Sacriledge For when his great designe against the Saracens stood in agitation hee refused to put himselfe upon so desperate an attempt unlesse the Clergie would yeeld up their Tythes and maintenance for the time being tow 〈…〉 s the expe 〈…〉 of the warre This condition the Clergie 〈…〉 pted of moved thereto by the exigencies of that age and the faire pretence of Martel who promised that at his safe returne he would restore all againe and that with ample interest but that Charles never did this these dayes can testifie to those This fact of Martel if it were so was execrable and if it were not yet the opinion of it hath beene so harshly entertained by Tradition that we finde him confidently damned in the Legend And this Storie of his damnation is fastned upon Euchere Bishop of Orleance who is said to have seene in a vision this Martel in hell torments and that Euchere might beleeve what hee saw an Angel instructeth him to seeke for Martel in his Sepulchre and so hee did but found him not but hee found the place all black and in stead of Charles a direfull Serpent See the Annals of Orleance Concerning the damnation of Martel wee have nothing to say what may bee thought of the vision shall hereafter be enquired This is certaine and beleeved by all that this Charles was a great oppressour of the Church For to let passe that of H●nemare Archbishop of Rhems Gregorie of Tholous Sigebert and others it is observable that this could not bee omitted by Dupleix himselfe one of the greatest friends that ever Martel shall finde in Historie For though this Authour in one place spending his credit upon the admiration of Charles setteth him in the same line with lulius Casar and great Alexander warranting him to be Sans doubte le plus grand homme que la France ait jamais preduis yet else where he could not denie but that il a●oit banni aucuns Euesques de leur seiges mis en leur place des hommes lais hee had thrust Bishops out of their Sees and put lay men in their place and to make up the complement of this sacriledge hee spared not that Bishop of Rheims qu'il avoit levé des fonts de Baptesme as Fauchet hath observed To weigh downe this grand impietie Dupleix bringeth into the scale cent mille ames a 100000 soules converted to Christianitie by the helpe of this Charles but the conversion was wrought by the Archbishop of Mentz and if it were promoted by Martel it was well yet his Sonne Pipin thought this satisfaction too little and therefore volut