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A31457 The nature and kinds of simony discussed wherein it is argued whether letting and ecclesiastical jurisdiction to a lay-surrogate , under a yearly pension reserved out of the profits, be reducible to that head : and a sentence in a cause depending about it near six years in the court of arches, is examined / by J. Cawley ... Cawley, J. (John), 1632?-1709. 1689 (1689) Wing C1650; ESTC R16298 29,189 42

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contracts which considering the qualities given by the Holy Scripture to Spiritual things are as far from being such an Earth is from Heaven Upon the Spiritual Power given by Christ to the Church to bind and loose and upon the Institution of St. Paul to compose contentions between Christians without going to the Tribunal of Infidels in much time and by many degrees a temporal Tribunal hath been built more remarkable than ever was any in the World and in the midst of every civil Government another Instituted not depending on the publick which is such a kind of Common-wealth as not one of as many as have Written of Governments would have imagined could subsist c. Thus far that Incomparable Historian Carolus Molinaeus in his Commentary upon the Edict of Hen. 2. against the Breves and abuses of the Court of Rome saith all Divines exclaim against the Canonists for confounding Carnal and Temporal with Spiritual and by a pretence of dependency and connexion making them all one and cites Gerson complaining how much the Church hath suffered by it more than can be declared For when ye take off the vizor and speak properly Spiritual things are Gods Grace his Word and the virtue of it and the Sacraments are Spiritual not essentially but causally or rather instrumentally So that Tythes and Church Revenues are Temporal not Spiritual but devoted to Spiritual Administrations And Hugo de Sto Victore 300 Years before hath said as much However so Zealous are the panders of Rome to maintain her Grandeur so falsly gotten that many of their Canonists make the very Office of Emperor King Praefect of a City and all Civil Magistrates to have a Spiritual Power and it shall be Simony to give Mony for them or any depending on them Quia omnis potestas est a Deo saith Hostiensis Nor can a Man buy so much as the Clerk of the Markets-place without that imputation And Gratian makes it Simony to give mony for the Porters place in a Church and proves it from Mal. 1. 10. Who is there even among ye that would shut the Doors for nought or the Sutlers or Butlers and the Gloss adds the Bell-ringer or any other Office cujuscunque alterius rei let us suppose the Candle lighter and the Chimney Sweeper and the Trencher Scraper they are all Spiritual in the same sense we commonly call a Tythe Pig a Spiritual Pig though he be the worst of the whole litter thus have these Monks play'd with Holy things and exposed them to derision and taken off the esteem and reverence all Mankind are ready to pay to things truly and really Spiritual by obtruding such false lists of Spirituals on the World to keep up an usurped Jurisdiction over things Temporal If we have gain'd this point That the exterior Jurisdiction of an Archdeacon is not Spiritual we may conclude it not Simony to let it out reserving part of the Profits Against which nothing will lye except the common definition of Simony Studiosa voluntas emendi vel vendendi Spiritualia vel Spiritualibus annexa To which a short Reply will serve and that is Aquinas his and Caietans upon him who shew that this definition fails when the Annexa Spiritualibus are not joyn'd to the Spiritual as that they must necessarily be bought and sold together Anciently the Canons say Ordination and Institution were the same as Petrus de Marea Archbishop of Paris affirms in his Concordia Sacerdotii Imperii and makes that the ground of the Eleventh Canon of the Councel of Chalcedon His words are these Cum in illâ aetate ordinatio sive 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 complecteretur electionem personae atque illius consecrationem per impositionem manuum ipsanque in Ecclesiâ certâ institutionem Here then as he deduces is a necessary connexion and the Spiritual can't be separated from the Temporal quare omnia comprehendebantur damnatione illâ quae gratiam commercio exponebat The Benefice and Orders went together and he who paid for one was a Purchaser of the other also Of such things the Canonists say they are annexa concomitanter He who buys one cannot leave the other unbought and it is real Simony But when things are annex'd to a Spiritual only Antecedently or Consequently so as they may be separate and one bought without the other many times it is not Simony to give Money for them Otherwise neither Tythes could be Let nor Glebe nor Lands nor Houses nor the Obventions of a Jurisdiction nor could broken Consecrated Vessels be sold nor Advousons nor Burying places Therefore also Aquinas saith Things may be annex'd to Spirituals Two ways either as depending on Spirituals as a Benefice which none can have but a Clerk and such cannot be sold Secondly As they are appointed and set a part to Spiritual Uses and such may be sold Which strengthens as well as gives light to this whole Tract If a Jurisdiction were so annex'd to any Spiritual Office that it could not be separated from it but that Supernatural Spiritual Power is requisite to the exercise of it then it would be Simony because it must be supposed the Power is bought also which is true Simony but is nothing of or to the present Case where the Jurisdiction that is let is Temporal used by a Temporal Person and about Temporal Objects And accordingly the Canons of Lateran and Tours prohibiting the letting out Jurisdictions of Bishops or Archdeacons speak of letting to Spiritual Persons Deans and Archpresbyters but of letting to Laymen there is not any Prohibition in the Canon Law. And those Canons being Penal the more Penal they are the more they are to be restrain'd and no extension shall be allowed to them for Punishment but for Favor only as all know that know any thing either of the Canon or the Civil Law. Lyndwood is express that Statutum paenale non excedit limitationem in eo positam And so Navar Paenae non sunt extendendae ad alium casum ex similitudine rationis imò nec ex identitate rationis omnimodâ So saith Andraeas in the Gloss If the Laws be Paenal suum scriptum casum non excedit And in Paenis non arguimus ad similia quia paenae non excedunt proprium casum saith the Gloss on one of the Rules of the Laws And once more I shall cite Lyndwood for this and so have done Regulare est quod Statutum maximè paenale loquens de personâ verâ non extenditur ad personam representatam The Persons spoken of in the Canons being Deans and Archpresbyters If a Jurisdiction be not let to one of them by all these Authorities the Lessor can't be within the Purview of it but infinitely stronger is it that these mentioned being all Clerks in Orders Laymen out of Orders shall not be included but they who let to them absolved For though it be Felony to steal a Horse yet the same Statute cannot extend