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A13775 Animaduersions vpon M. Seldens History of tithes, and his reuievv thereof before which (in lieu of the two first chapters purposely pretermitted) is premised a catalogue of seuenty two authours, before the yeere 1215. Maintaining the ius diuinum of tythes or more, to be payd to the priesthood vnder the Gospell: by Richard Tillesley Doctor in Diuinity, and archdeacon of Rochester. Tillesley, Richard, 1582-1621. 1619 (1619) STC 24073; ESTC S117059 181,192 288

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suspicion of noueltie and the Authour and whosoeuer fauour the opinion of his booke may be brought to consideration how many holy Fathers whose liues and deathes God hath made glorious by miracles by whose learned and godly writings both Heresie was confounded and the Trueth conueyed vnto vs are opposite to their politike new found fancie And yet so little reuerence had their gray-headed authorities that either they are passed with censure or contempt Aimoinus Aimoinus lib. 3. de gestis Francorum cap. 41. Relates that when Chilperick would haue proclaimed Sabellianisme and perswaded Gregorius Turonensis to it and yet in his reason confessed S. Hilarie and S. Augustine to be against him that holy Bishop replied Cauendum est Domine mi Rex ne ille irascatur tibi cuius illi fuerunt famuli qui vt tu ipse fateris in ista credulitate sunt contrarij I compare not the errors together God forbid yet the aduise of that great Bishop belongeth to him That since he acknowledgeth S. Ambrose and S. Augustine and S. Gregorie and others to be aduersaries to his intention he would feare the anger of that God whose seruants they were And following Vincentius Lyrinensis his wise admonition Cap. 4. 39. Quicquid non vnus aut duo tantum sed omnes pariter vno eodemque consensu apertè frequenter perseueranter tenuisse scripsisse docuisse cognouerit id sibi quoque intelligat absque vlla dubitatione credendum Whatsoeuer the vnanimous consent of continuate antiquitie hath constantly held writ taught that without doubting is to be beleeued He would retract his new opinion and acknowledging his last errour he would returne to the gracious fauour of the King and Church whom if by disobedience he neglect would shewe more supercilious pride and youthfull folly then either would beseeme subiect or Christian Before the authorities let the Reader obserue these three Propositions which may state both the question and interprete the Ancient 1 That the Doctrine concerning Tithes was euer that they were due De Iure Diuino as appeares by the Fathers in time of persecution when they could not haue them generally paid as Irenaeus Origen Tertullian Cyprian 2 That assoone as persecution ceased they were receptae in moribus hominum before they were giuen to the Church by any Imperiall or Ecclesiasticall law as appeareth by those Fathers that liued in the flourishing time of the Church in the next 300. yeres as S. Chrysostome Hierome Augustine Ambrose and many others 3 That the lawes Imperiall Ecclesiasticall concerning Tithes doe declare the right of Tithes not giue them nor the Right and they doe adde Ciuill and Ecclesiasticall punishments on the Non-payers rather then decree the payment as in the Capitulars is manifest The Catalogue shall be disposed according to their seuerall precedence in antiquitie and onely those at large insisted on who directly or by necessary consequence maintaine the Diuine right of Tithes or more Which consequences shall be onely briefly deduced out of them not to stay the more learned reader in the English nor yet defraud any of the inferences The first shal be Irenaeus Floruit anno Domini 180. Qui proximus fuit tēporibus Apostolorum as S. Basil de S. S to cap. 25. He lib. 4. cap. 20. saith Sacerdotes sunt omnes Domini Apostoli qui neque agros neque domos haereditant hic sed semper altari Deo seruiunt De quibus Moses Non erit sacerdotibus Leuitis in tota tribu Leui pars neque substātia cum Israel fructificationes Domini substantia eorum manducabunt eas Propter hoc Paulus Non inquiro inquit datum sed inquiro fructum Discipulis inquit Dominus Leuiticam substantiam habentibus c. The Apostles are the Priests that serue at the Altar that must eate the Lords parte that must haue the substance of the Leuites not of gift but right Of them spake Moses Therefore are tithes due to them by the Law of God In the same booke cap. 27. Et propter hoc Dominus pro eo quod est Non moechaberis non concupiscere praecepit pro eo quod est Non occides neque irasci quidem pro eo quod est Decimare omnia quae sunt pauperibus diuidere Haec omnia non dissoluentis legem erant sed extendentis dilatantis in nobis and cap. 31. Quae autem naturalia liberalia communia omnium auxit dilatauit Therefore Decimare according to Irenaeus is plainly naturall And cap. 34. of the same booke Offerre igitur oportet Deo primitias eius creaturae sicut Moyses ait Non apparebis vacuus in conspectu Domini Dei tui vt in quibus gratus extitit homo in his gratus ei deputatus eum qui est ab eo percipiat honorem Et propter hoc illi quidem decimas suorum habebant consecratas Qui autem perceperunt libertatem omnia quae sunt ipsorum ad dominicos decernunt vsus hilariter ac liberè dantes ea quae non sunt minora vipote maiorem spem habentes To giue Tithes or more is a signe of our hope of heauen Therefore Anno 226. 2. Origenes Quem post Apostolos Ecclesiarum magistrum nemo nisi imperitus negat as S. Hierome de nominibus Hebraicis He Hom. 11. in Numeros Decet enim vtile est etiam Sacerdotibus Euangelij offerre primitias Ita enim Dominus disposuit vt qui Euangelium annuntiant de Euangelio viuant Et sicut hoc dignum est decens sic è contrario indecens indignum existimo impium vt is qui Deum colit ingreditur Ecclesiam Dei qui scit Ministros Sacerdotes assistere altari aut verbo Dei aut ministerio Ecclesiae deseruire vt de fructibus terrae quos Deus dedit solem suum producendo pluuias suas ministrando non offerat primitias suas Sacerdotibus Non mihi videtur huiusmodi anima habere memoriam Dei nec cogitare nec credere quia Deus dederit fructus quos coepit quos ita recondit quasi alienos à Deo Si enim á Deo sibi datos crederet sciret vtique munerando Sacerdotes honorare Deum de datis muneribus suis Et adhuc vt amplius haec obseruanda etiam secundum literam ipsius Dei vocibus doceantur addemus haec Dominus dicit in Euangelijs Vae vobis Scribae Pharisaei hypocritae qui decimatis mentham hoc est decimam datis menthae cymini anethi praeteritis quae maiora sunt legis Hypocritae haec oportet fieri illa non omitti Vide ergo diligentius quomodo sermo Domini vult fieri quidem omnimodè quae maiora sunt legis non tamen omitti haec quae secundū literam designantur Quod si dicas quia haec ad Pharisaeos dicebat non ad discipulos Audi iterum
to peruse the Annalls of the Church of Orleans Num. 21. deinceps written by Carolus Sausscyus Deane there who in his fift booke in the life of Eucherius doth fully answere Baronius and this Author out of Baronius Ad. 3. And now succeed the reasons of importance Tithes in Charles Martells time were not vniuersally annexed to Churches They were First it is confessed by himselfe pag. 65. where speaking euen of the time of the second Councell at Mascon hee saith Yet withall no doubt can bee made but that in most Churches in this time amongst the offerings of those of the deuouter sort Tenths or greater parts of the Annuall increase were giuen according to the doctrine of those Fathers before mentioned and these other testimonies whereto you may adde that complaint of Boniface Archbishop of Mentz about 750. who liued in Charles Martells time Lac Ianas ouium Christi oblationibus quotidianis ac decimis fidelium accipiunt curam gregis Domini deponunt They receiue the milke and the wooll from the sheepe of Christ in daily oblations and Tithes and neglect the Lords flocke There also hee adds a passage of a Ms Exhortation written about 900. yeeres agoe where it is shewed to be the proprietie of a good Christian to pay Tithes And himselfe doeth relate them as consecrated to the Church of Vtrecht by his father and himselfe pag. 73. c. And the phrase Ecclesiae constitutae in Decimis non priuentur Churches endowed with Tithes not to be depriued in the 4. Councell at Arles capitul libr. 2. cap. 3. c. euen expounded by himselfe of these times shews it pag. 49. And indeed that Canon of that Councel of Arles must be of an vnanswerable proofe if according to Anselmus Lucensis In his Collectanies Boniface the Archbishop of Mentz was President therein who died Anno 755. but twelue yeeres after Charles Martell and that also by the authoritie of Pope Zacharie who died almost foure yeeres before Boniface so that it must seeme very neere his time Secondly suppose they were not vniuersally annexed to Parish Churches yet to the Bishop as to the publike Treasurer of the Diocesse they were of duetie payed And were they not principally Bishoprickes which he infeodated Episcopales sedes traditae sunt Lai●is cupidis ad possidendum Bishops Sees were giuen in poss ssion to couetous Laymen So Bonifacius in Epistola ad Zachariam Non solum Rhemensem In Editione Veneta Concilioris Tom. 3. sed etiam alios Episcopatus regni Francorum Laicis hominibus comitibus dedit ita vt Episcopis nihil potestatis in rebus Ecclesiae permitteret He gaue not only the Archbishoprick of Rhemes but other Bishoprickes also of France to lay men and his companions so that the Bishops had no power left to doe any thing in Church affaires So out of Flodoardus Pap. In A●nal in vita Dagoberti Massonius Episcopia Laicis Donata Bishopricks were giuen to Lay men So Hincmarus Ep. 6. cap. 19. And thirdly it being apparent that they then were due to be paid to the Clergie as by the Councell at Mascon appeareth Nay before that which is most remarkeable in the time of S. Remigius who baptized the first king Clodouaeus amongst other reuenue of his Church that Bishop of Rhemes by his will ordered Tythes of certaine villages to be imployed aboue what were for the reliefe of certaine poore widdowes of the same Church His will is perfit in Flodoardus Hist Rhemens lib. 1. c. 18. wherein are these wordes Viduis 40. in porticu E●clesiae alimoniam praestolantibus quibus de Decimis villarum Calmisciaco Tessiaco Noua villa stipendia ministrabantur superaddo de villa Huldriciaca c. France no sooner conuerted but Tything followed And the reuenue of this Church of Rhemes was a chiefe part of Charles Martells sacriledge Vide proemium Helgaudi Floriacensis ad Epit. vitae Roberti Regis In Chron. Casin 796. in Edit paeris It is related also how Abbot Leodebodus about the yeere 620. gaue Tythes of certaine villages in some Parishes to the Abbey at Floriack It also appeareth how Pope Zacharie in the first yeere of his Papacie gaue a priuiledge to the Monasterie in Monte Casino and to all the Cells thereof vt Nullus Episcopus Decimas tollat That no Bishop might take away their Tythes Implying that else they might as belonging to the reuenew of the Church and their iurisdiction howsoeuer they might obtaine it A remarkeable authoritie As in the priuiledge of Pope Iohn the third Anno 562. Quercetan in Not. in p. Abelard p. 1168. the Tythes giuen to the Monasterie of S. Medard were priuiledged Furthermore Agobardus in his booke written in the very beginning of Lewis his raigne Contra insulsam vulgi opinionem de grandine Tonitruo pag. 155. Multi sunt qui sponte Sacerdotibus decimam nunquam donant viduis Orphanis caeterisque indigentibus Eleemosynas non tribuunt quae illis frequenter praedicantur crebro leguntur subinde ad haec exhortantur non acquiescunt Many there are who neuer willingly giue Tythes to the Priests nor almes to Widdowes and Orphans and other poore which are daily preached vnto them and read often and continually are vrged vnto them And Hincmarus who though he be something later saith Lib. 55. capitul cap. 1. Ausoldus compresbyter noster praecepit vt in ipsa Capella Missa non celebraretur antequam homines villae ipsius suam decimam Presbytero suo secundum antiquam consuetudinem darent Obserue there antiquam consuetudinem Ausoldus our fellow Bishop commanded that they should say no Masse in that Chappell before the men of that village paid their Tyth to the Priest according to the ancient custome Cap. 35. After De Ecclesiarum datione quae etiam non amplius quam dotem suam habent cum decima fidelium praemia requirebas Thou requiredst rewards for the gift of Churches which had nothing but the Glebe and Tythes of the faithfull And elsewhere Ep. 7. c. 35. Vnde necesse est vt per singulos annos ministri Episcoporū inquirant quid parcat in singulis Ecclesiis de parte decimae quae iuxta Sacros Canones Ecclesiae competit Whence it is necessarie that euery yeere the seruants of the Bishops shall inquire what part of the Tithes may bee spared in euery Church which according to the Canons belongeth vnto the Church It is therefore manifest that they were due which also Alcuin Walafridus Strabo Rabanus Maurus c. doe in the times ensuing testifie as appeareth in the Catalogue And most apparantly annexed in an Epistle amongst those of Boniface Mogunt Ep. 107. where a poore Curate that had agreed for to serue the Cure for a Priest for halfe the Tythes complaineth to Lewes the Emperour which also is quoted by himselfe Then how might not these Ecclesiasticall profits be as indeede they were a great subiect
tractant in vsus proprios expendunt homines Laici In Church-goods which against Law and Canons Lay-men vse and spend to their owne occasions After in the next pag. 259. he obiecteth Sed quoniam quod de sacris rebus in Laicales vsus illicite translatis dicimus non fecit iste Dominus Imp. Sed praedecessores eius propterea isti impossibile est omnia emendare quae antecedentes malè vsurpata dimiserunt But because what we speake of holy things vnlawfully translated to Lay-vse this now-Emperour did it not but his predecessours and therefore it is impossible for him to amend all which those that went before did wrongfully vsurping put away Now who can here be signified by praedecessores and those that went before but Charles Martell Caroloman and Pipin and Charlemain being Restorers of what by Charles Martell was taken away Now that amongst these things which the predecessours of Lewes Male vsurpata dimiserunt wrongfully vsurping did put away that Tythes were besides Agobardus his proouing of them in the same processe to be due to the Clergie by the Law of God as by the places cited in the Catalogue may appeare out of the pag. 277. In the pag. 283. hee concludes Tali itaque vt dictum est nobis cordis deuotione Primitiae vel Decimae considerandae sunt tanta veneratione intactae seruandae cum huiusmodi confessionis puritate offerendae aliunde subministrandum est Canibus Cauallis caeteraque tam hominum quam animantium ministris quae vel ad delicias vel ad pompas turpesque iocos à diuitibus possidentur with such deuotion of heart therefore ought Tithes and First fruits be considered with such Reuerence they ought to bee kept vnuiolate and with such puritie of confession to be offered from other meanes must dogs and horses and other men and beasts kept by rich men for state and pleasure haue maintenance If this be not a full proofe both for the Sacriledge of Charles Martell in Tithes for the proofe of infeodations then I leaue to the indifferent Reader Nay before the same Authour pag. 269. saith Nunc non solum possessiones Ecclesiae sed ipsae etiam Ecclesiae cum possessionibus venundantur c. Now not onely the Church possessions but the Churches with them are sold Like to which is the Praecept of the same Lewis before spoken of and Lotharius his sonne in Flodoard Lib. 2. cap. 19. pag. 143. Quaedam praedia quae eidem Sanctae sedi quondam ablata fuerant deuota mente restituimus id est in Suburbanis ipsius Ecclesiae Titulum Sancti Sixti nec non Titulum Sancti Martini cum appenditijs in Castro Vonzensi Titulum Baptismalem Titulum in eadem parochia iterum Baptismalem cum suis appenditijs c. Certaine possessions which heeretofore were taken from that Sea wee deuoutly haue restored that is the Suburbs of the Church the Title of St. Sixtus also the Title of St. Martins with the appurtenances In Castro Vonzensi the parish Church and another parish Church there with the appurtenances c. Who cannot see what praedia Charles Martell tooke away euen parish Churches Other authorities shall occurre in the answere to the following reasons Martinus Polonus therefore not the first relator Ad. 2. The second reason is the fiction or Hobgoblin storie as hee calleth it of Eucherius of Orleans his vision about the Damnation of Charles Martell St. Cyprian hath a saying to one lib. 4. Epist 9. Quanquam sciam omnia ridicula visiones ineptas quibusdam videri sed vtique illis qui malunt contra Sacerdotes credere quam Sacerdoti It seemes true in our Authour concerning this Who acknowledging Reuiew pag. 465. that there are indeed very ancient Authours to iustifie it as Adreualdus in Ludouicus Pius his time in his first booke De Miraculis Sancti Benedicti cap. 14. And Flodoardus Remensis Historiae lib. 2. cap. 12. who liued Anno 960. Who let me adde more especially concerning this vision saith De quo patrum scripta relatione traditur c. Of whom is deliuered by the written relation of our forefathers that St. Eu●herius returning from banishment c. And the Capitularie exhibited to Lewes 2. Anno 858. Post Canonem 59. c. 10. q. 1. To which Iuo might bee added in his Chronicle though in a wrong place for hee placeth the Narration vnder the Storie of Carolus Simplex the sonne of Ludouicus Balbus but it must bee referred to this Charles Martell for the words are Hic Tutudi quod Martellus dicitur à suis dictus est quia in Regno suo vix aut rarò pacem habuit ideo res Ecclesiarum suis militibus in Stipendium contulit maximae ex parte Qui mortuus in Ecclesia B. Dionisii Martyris sepultus à sinistra parte Altaris maioris visus est noctu in specie Draconis effracto sepulchro per vitreum Ecclesiae cum magno terrore exijsse This Tutudi who by his people was called Martellus because seldome he had peace in his kingdome therefore he gaue for the most part the Church estate for wages to his soldiers who being dead and buried in St. Denis Church on the left side of the great Altar he was seene by night in shape of a Dragon breaking the sepulchre to goe out of the glasse windows with great terrour Yet to fasten some shew of falsehood vpon the storie that by discrediting it in this part in the rest it may not haue credit Baronius forsooth shall be followed But if such Authors shall not preuaile In historia Apûm lib. 3. p. 8. c. 26. sure Thomas Cantipratensis shall little haue credit in the vision of the yong man that died and reuiued whom the deuils accused Quia decimas de bonis agris suis Sacerdoti substraxerat Because he with held the Tithes of his fields and goods from the Priest Or how shall Trithemius relation of a vision of one Adelbertus 406. In Chronico Sponhemensi ad annum 1212. yeeres agoe who dying also and reuiuing Cum aliquando in decimando fruges in agro suo debitum ordinem non seruasset haec aiebat O si scirent homines agricolae vinitores à quantâ districtione horrendissimis poenis puniatur dolosa decimatio when he had not righly tithed his corne thus he said O that husbandmen and Vineyard keepers knew with what strict and horrible punishment fraudulent Tithing is punished c. how shall this haue any regard But this reason makes nothing directly to the argument but might haue had occasion aswell from his other Sacriledge as that in Tithes neither doe I vphold visions against trueth but Antiquitie against Baronius Relatoris fide non Authoris praesumptione in Vincent Lyr. phrase not as a bold Author but as a faithfull Relator And for further credit both of the vision and for the time of Eucherius death I will referre the Reader