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A34480 Jura cleri, or, An apology for the rights of the long-despised clergy proving out of antient and modern records that the conferring of revenues, honours, titles, priviledges, and jurisdiction upon ecclesiasticks is consistent with Scripture, agreeable to the purest primitive times, and justified by the vsance and practce of all nations / by Philo-Basileus Philo-Clerus. Philo-Basileus Philo-Clerus. 1661 (1661) Wing C612; ESTC R23895 70,115 98

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token of Reverence an honour which he shews not to any other Subject and will hardly vouchsafe the like to the mightiest Monarch upon earth Neither do the inferiour Degrees want their due esteem for after their Mufti they have their Cadelischers somewhat resembling the Christian Patriarchs next their Cades answerable to our Bishops then their Santons Talismans suitable to our Presbyters and Deacons the lowest of whose number is highly respected by the people Elma●in Hist Arab. Id. Then for the old Saracens t is a matter sufficiently known that with them for some 100 of years the same Person was both Prince and Caliph I might multiply innumerable instances to this purpose but I shall not weary my Reader Now let not any envious Momus imagine that all this while I drive on a design to have this revived and made a pattern for Christians no my only meaning is to put our Clergy-haters to the blush if they have so much of vertue left as the Colour when they see how by the common consent of Nations which Tully calls the Law of Nature the highest Honour was ever given to the Priest The Prince of Philosophers laying it down for an Axiom that t was a work most proper for the worthiest Aristotle 7. Polit. c. 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 No Peasant no Artisan must defile these Sacred things quia par est Optimum ab Optimo coli Summum à Summo there must be some resemblance and Analogy between the Master and the Servant And therefore if we will beleive Trigautius amongst the wise Chinois olim Rex hodie soli litant Magistratus primarii Regnique Proceres No Inferiour person must come neer the Altar CHAP. III. Englands Respect to the Clergy FOr their Nobility in our own Nation Spelman and Lambard S●pelm C●●nc Ep. ad ●eg confessedly the Ablest Pair of our Saxon Antiquaries do avouch that the Saxons ever reputed the Bishops equal and in some points Superiour to their Greater Thanes whom Posterity call Barons and as may be seen in * Archaion Lambard the Laws of Ethelbert Ina and Aethelstan do rate them accordingly Nay in all the ancient Charters the first place was ever given to the Spiritual Lords In a Donation of Ethelbert A. 605. to the Monastery of S. Peter in Canterbury the first witnesse subscribing is Austin the Bishop and after him several Dukes and Earls In a Charter of King Ina's A. 725. to the Monastery of Glassenbury after the Bishops Beorthwald and Fordred we have Waldhere Ethelherd Umming and Winchelin the greatest Peers in the Nation putting their names Presently after in a Grant of Offa's to the Abby of Worcester A. 780 Brordran Berhtand Eadbald and Eadbald two Princes and two Dukes follow the Bishops Monast. Angl. Spelm. Conc●possim And at the same Kings Consecration of St. Albans A. 793. no lesse than ten Dukes besides other Nobles give place to the Prelates Come down an Age Lower in the Donation of Edgar to the Covent of Glassenbury the Bishops lead and Elphere Oslac Ethelwine three Dukes bring up the Rear And to make an end in a Charter of Edward the Confessors to the Monastery of Winchester immediatly after the King subscribed Plegmund and Frithestan the Bishops being followed by Ethelweard the Kings Brother Aethelstan and Aelfweard the Kings two Sons Ordluf Osred Brorhtulf Ordgar and Heethferth Dukes many more of this Nature might be produced out of the same Authors and others as standing monuments of the Clergies eminent Reputation the Reverence our Religious Ancestours bare to their Function And that this may not be thought to proceed meerly from the courtesie of England as in some other Cases t is familiar We have it confirmed by Statute 31. Hen. 8. c. 10. where in all Degrees and Offices are placed in Assemblies and Conferences and there the Arch-Bishop of Canterbury as Primus Par Regni the first Peer of the Kingdom is ranked before all the Nobility seated at the Kings right hand next and immediatly after the Royal Blood and the Vice-Gerent and the rest of the Bishops follow him in their due Precedency according to the Dignity and Anciancies of their Respective Sees And t is farther observable that they are ever named before the Temporal Lords in Magna Charta Charta de Forest c. Nor were they ever excluded from the greatest imployments of Honour and Trust in the Nation And to evidence that this is not spake without book I shall subjoyn a Catalogue of Church-men collected out of Malmesbury Harpsfield Godwin Spelman Isaacson c. that have borne all at least the most Honourable Offices of State and however bespattered by some discharged them with much integrity and repute England owing more of its happinesse to men of this Calling then any other Though it cannot be denied but some miscarriages may here and there be found yet as few as can be expected in such a multitude and if a man were disposed to carp he might without much sweat produce two for one in critically examining any other Profession I shall begin with the Metropolitan to whom this Primacy justly appertains and take the rest in order CANTERBVRY WE find fewer of this See upon the Civil Stage then any other most Offices being lookt upon as below the Archi-Episcopal Dignity and therefore a Nobleman upbraided Hubert with it when A. 1199. according to Spelman Godwin 93. he was made Chancellour of England Chief Justice and High Governour of all the Dominions under King Rich. 1. Afterwards King John entrusted the same Prelate with the Government of the whole Realm at his departure into Normandy Walter Reynalds Chancel A. 1310. John Stratford Chancel under Edw. 3. and when the King invaded France no person thought so fit in his absence to have the Government of the Nation entrusted to him Simon Islip of the Privy Council to Edw. 3. John Stafford to Hen. 5. John Moorton to Hen. 6. and Edw. 4. But why stand I upon this when in truth it has been seldom known that any of them have been omitted Fox Martyr Nor was this proper only to the times of Popery Come to the Reformation we find Cranmer of the Privy Council to Hen. 8. and Edw. 6. and very active in civil matters yet a man so averse to Rome so instrumental in planting the Gospel so laborious so holy that a great * * Brightman Com. Apocalytpical man and no friend to the Hierarchy takes him to be that Angel pointed at by the Spirit of God Revel 14. that had power over the fire Under the renowned Queen Elizabeth John Whitgift of the Council and the Government of the Principality of Wales given up to him YORK Walter Gray Chancellour under King John had the Government of the Realm entrusted to him under Hen. 3. William de Melton successively Treasurer and Chancellour of England A. 1317. William de Zouche Vice-Gerent to King Edw. A. 1346. John Kempe A. 1425. twice Chancellour and Tho. Young Lord Prefident
in great state Strabo recounts a thousand Hierodoulists belonging to the Priests of Bellona l. 12. Geogr. Now the very light of nature did dictate this equitable rule to them that those who served at the Altar should be maintained by it Tulli de Divinat Dionist Halyc Hence we find * Brentius in Levit. vast allowances made them with standing demeanes and Tithes too not occasionall and to Hercules alone but constant but to all which custome many conceive they borrowed form the ancient Patriarchs * Brentius in Levit. the sons of Noah spreading it among the Nations the Devil ever Apeing the true Relligion I shall not at present enquire after more then the Greeks and Romans who successively swaied the world and for the former of them Harpocration is witnesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 joyn'd to that of Callimachus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Then fot the Romans Varro Cato Plutarch in Lucullo Livy of Gamillus l. 5. have invincibly demonstrated it to be their practise Nat. Hist. L. 12 c. 14. 19. If any man desires to search further he may find Pliny affirming of the Sabeans that it was not lawfull for the Merchants to dispose of their Spices and Perfumes untill the Preists had set apart the tenths for their God Sabis I shall not insist upon that of Festus Decima quaeque Veteres Diis suis offerebant because Scaliger and Selden except against it though I think without any ground but conclude this Paragraph with that of Junius Paral. l. 3. c. 7 Decimae jure omni post hominum memoriam Deo fuerunt sacrae Thus the very Gentiles who had not the law were yet by nature directed to doe the things of the law But I have only glanced at this it being so copiously handled in others CHAP. III. Church Revenues long untouched C. Martel the first that invaded them but soon seconded by Henry the Eight and others though most unhappily For some 100 of yeares the Church Demeanes were look'd upon as sacred and Tithes an Estate entailed upon those that attended the Divine setvice And how durst any earthly power attempt the cutting off that which the King of Kings had setled by a perpetuall Act and never to this day reversed or null'd During all the Leviticall Administration though we meet with many of the Rulers desperately wicked yet still they retained so much reverence to Religion that none arrived to such an height of Impiety in their greatest exigences as with a sacrilegious hand to touch these holy things Under the Gospel C. Martel is branded to be the first that led the dance and taught Christian Princes this crying sin The occasion thus as t is recorded by Gaguin l. 3. p. 43. Upon the Inundation of the Goths Vandals and other barbarous Nations into Christendom the bowells of the Clergy yearning towards their distressed Brethren they were willing in such a juncture to morgage the best part of their Revenues to furnish this famous Warrior with an Army to suppresse the Barbarians upon solemn promise and oath of restitution with advantage when the danger was over But Sword-men are not easily held by such weak obligations for having once got them into his clutches and tasted the sweet of so fat a morsel being drunk with successe he divided them amongst his Victorious Legions Hinc nostrae lacrymae hence the Church may date the original of her ruine For the gap being opened there wanted not prophane Spoilers enough to follow the steps of this bold leader Now t is but a short cut from Callis to Dover and this example easily wafted over that Straight Several attempts were made against the Clergies wealth but none took till Hen. 8. who had too much occasion to quarrel with the Monks and Friars in whose Cells and Cloisters the blindnesse and superstition that reigned from the ninth to the thirteenth Century had placed all Devotion though however Monasteries were then abused and are now lookt upon with prejudice yet in the Primitive times they were the * Hospinian Seminaries of Learning and Religion and under this notion are so much cryed up by the Antients Now the King finding many Tithes converted and appropriated to these Houses which some conceive to be one main cause of their downfal being carried away by the error of the times and transported by passion and covetousness never thought of restoring them to their proper owners but politickly concluded the best way to secure all was to get the whole Temporalties and Revenues of Religious Houses by Act of Parliament escheated to the Crown which was soon hudled up Next that the Laity might be the more engaged to stand by him and oppose Rome he was content they should partake in the spoiles and so divided them amongst his Nobles with a prodigal hand distributing as freely as he received In this fatall Desolation some reckon there were swallowed up no lesse than 645. Monasteries 96 Colledges 110 Hospitals 2374 Chanteries and Free-Chappels Harpsfield Hist Eccles to which may be added 3800 and odde impropriate Churches to this day maintained by pitifull Arbitrary Pensions Spelm●● Tithes though his Sacred Majesty as becomes a true Nursing-Father has already taken it into his Religious care to make better provision for some and t is hoped will proceed to perfect so good a work The great Oracle of our Law my Lord Cook complaines much of this alienating Abby-Lands and saith t was every good man's wish that their Revenues and Impropriate Tithes had been converted rather for the advancement of the Church to a better maintenance of the labouring and deserving ministry Releife of the Poor and such pious uses which would still have retained a Character of their Devotion that first dedicated them and prevented the Scandall and Obloquy thereby brought upon Religion All the world being amazed at such impiety and the many glorious Projects urged in Parliament to colour the Action which we have recorded Inst B. 4. p. 44 coming to just nothing the burthen of the Subject being afterwards rather increased then lessened I am none of those that desire to pry into the secrets of the Allmighty much lesse to give sentence with the bold Romanists but t is somewhat observable that though Henry the Eight left an hopefull Progeny behind him One Sonne and Two Daughters and if multitude of Wives would have done it might have had many more yet in a few yeares there remained not one of his seed to sit on the Throne of England The righteous God many times visiting the sinnes of the Father upon the Children And if a curious eye would but run over the List of those Courtiers and Grandees enriched by the spoiles of the Church it will soon be discerned the blessing of the Lord went not with them many notable Judgments breaking in upon most of their Persons Families or Estates See Wolseys Life The great Ring-leader Martels issue lasted not beyond the Third Generation and Cardinall Wolsey
of the North A. 1561. LONDON The Epitaph on the Monument of William Bish of London sometime since to be seen in St. Pauls spake him one of the Privy Council to the Conquerour Mauritius Chancellour under the same King Eustachius de Fauconbridge one of Rich. 1. Justices Chancellour of the Exchequer Treasurer of England and twice Embass into France Hen. de Wingham Chancel under Edw. 3. Ralph Baldoc under Edw. 1. Rich. Bintworth under Edw. 3. Robert Braibrook under Rich. 2. Rich. Cox Dean of Westminster whom I crave leave to n●me here as belonging to the Diocesse of the Privy Council to Edw. 6. And Bancroft sent Embassadour to Embden to treat with the King of Denmarks Commissioners A. 1600. DURHAM Geoffry Rufus Chancel of England A. 1140. Rich. de Marisco A. 1217. Antony Beak of the Privy Council A. 1294. Rich. de Bury Chancel A. 1334. and Treasurer A. 1336. Thom. Langley Chancell A. 1406. Thomas Ruthal of the Council to Hen. 8. and as his Monument at Westminster testifies Secretary to Hen. 7. Rich. Neyle of the Privy Council A. 1627. And here I must not omit that known passage of Neubrigensis who brings in K. Rich. making himself merry with the Bish boasting what a feat he had done è vetusto Episcopo novitium Comitem mirus ego artifex feci to make a new Count of an old Bishop a Priviledge till the late Interruption continued to that See WINCHESTER Swithun Chancellour of Engl. under K. Egbert A. 860. Will. Giffard Chancel under the Conquerour Rufus and Hen. 1. Peter de la Roche Lord chief Justice under K. John John Sendal Chancel A. 1316. Will. Edendon Treasurer under Edw. 3d. Will. of Wickham Founder of New Coll. in Oxon Principal Secretary Vita Wainflet keeper of the Privy Seal Mr. of the Wards and Treasurer of the Kings Revenues in France A. 1360. Will. Wainflet Founder of Magdalene Coll. Oxon for his great wisdom and Integrity long Chancel of Engl. under Hen. 6. Rich. Fox Founder of C. C. C. Oxon one of the Privy Council to Hen. 7th as Prudent a Prince as this Nation has known and continually imployed either in matters of Counsel at home or Embassies abroad ELY Will. Lang-champ Chancellour A. 1189 then chief Justice and Protector of the Realm when Rich. 1. undertook his voyage to the Holy-Land Eustachius Chancellour A. 1196. John Hotham Chancellour A. 1326 as Spelm. 1317. as Godwin Simon Langham A. 1361. first Treasurer then Chancel of Eng. John Barnet Treasurer A. 1366. John Fordham Treasurer A. 1385. Will. Gray Treasurer A. 1469. John Alcock Chancel A. 1486. and Tho. Goodric Chancel under Edw. 6. LINCOLNE Robert Bluet Chancel under the Conquerour A. 1092. Alexander under Hen. 1. cheif Justice of Engl. Galfridus Chancel A. 1180. Hugh de Wells Chancel A. 1209. Walt. de Constantiis Chancel under Hen. 6. And Dr. Williams Dean of Westminster and after Bishop of this See made Lord Keeper by the Learned King James COVENTRY LICHFIELD Roger de Wiseham Keeper of the Great Seal A. 1245. Walter de Langton Treasurer A. 1226. Roger Northbrough Clerk of the Wardrobe afterwards Treasurer A. 1322. Geoffry Blyth Lord Presid of Wales A. 1512. Rowland Lee his Successour the same A. 1535 and Rich Sampson A. 1537. SALISBVRY Osmond Chancel of Engl. alwaies of the Privy Council and seldome spared from Court under the Conquerour Roger Chancel A. 1107. and under King Stephen A. 1136. John Waltham Master of the Rolls Keeper of the Privy Seal and after Treasurer of Engl. under Richard the Second Nicholas Bubwith Treasurer A. 1407. William Ayscoth Clerk of the Council A. 1438. BATH and WELS Robert Burnel first Treasurer then Chancellour of Engl. and alwaies of the Council under Edward the First John Drokensford Keeper of the Wardrobe A. 1309. Robert Stillington first Keeper of the Privy Seal then Chancel A. 1465. Oliver King Principal Secretary A. 1492. John Clerk Master of the Rolles A. 1523. EXETER Leofricus First one of the Privy Council then Chancel of Engl. under the Conquerour though Spelman reckons him of Bath at that time Will. Brewster of the Privy Council under Hen. 3d. Walter Stapledon Founder of Exeter Coll. Oxon first of the Privy Council then Treasurer under Edw. 2d John Grandesson of the Privy Council to Edw. 3d. John Voyseye Lord President of Wales under Henry 8th And Gervase Babington Vice-President of Wales A. 1597. NORWICH Henry the Second by a a special Commission makes the Bishops of Norwich Winchester and Ely Lord Chief Justices in my Authors words Archi-Justitiarios Radulfus de Diceto And t is added Clergy-men were pitch'd upon as the likeliest persons not to oppresse the poor nor respect the face of the Rich. John Salmon Chancel A. 1319. Robert Baldoc Chancel A. 1324. John Wakering Keeper of the Privy Seal A. 1416. HEREFORD Thom. Cantilupe Chancel A. 1275. Thom. Charlton Treasurer A. 1329. John Gilbert A. 1386. Thom. Milling of the Privy Council to Edw. 4th Charles Booth Chancellour of the Marches of Wales A. 1517. WORCESTER Galfridus Gifford Chancel A. 1267. Walter Reynald first Treasurer then Chancel under Edw. 2d John Barnes Treasurer A. 1362. Hen. Wakefield Treasurer A. 1376. Nicholas Heath Lord Presid of Wales and Chancel of Engl. under Q. Mary CHICHESTER Ralph Nevil Chancel A. 1222. Spel. 26 who addes that he was appointed by Parliament John de Langton Chancel under Edw. 1. and 2d John Stratford A. 1360. Adam Molins Clerk of the Council A. 1451. and that incomparably learned Prelate and industrious Preacher Lan. Andrews Privy Counsellour of Engl. and Scotl. under a Prince that knew the worth of Learning and advanced it accordingly ROCHESTER Walter de Merton Founder of the Colledge that beares his Name 2 Chancel A. 1274. John de Shepey Treasurer A. 1358. OXFORD Hugh Curwyn Chancel of Ireland St. DAVIDS Adam Houghton Chancel A. 1376. Linwood the famous Canonist Keeper of the Privy Seal A. 1440. and imployed in Embassies to the Kings of Spain Portugal c. I might here subjoyn several Deanes and Arch-Deacons promoted to the same Dignities Stow. and take notice that till the Dissolution of Abbyes the Prior of Christ-Church in London was euer a Member of the Court of Aldermen and that the Dean of Westminster is by his Charter allowed no smal Influence upon the Government of that City But I shall not nauseate the Reader with any more hard Names only observe that in the Catalogue of Chancellours recorded in Spelmans Glossary amounting to about 170 near 100. of them were Clergy men more then all the other Professions put together can make up These then are the Honours which if any humane Testimony can make a thing certain an uninterrupted Custome equall to Law which Wise Antiquity gave them through all the Saxon Danes and Norman times without controul or dispute till within these 20 years since which England has groaned under this sin of despising the