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A11498 D. Sarauia. 1. Of the diuerse degrees of the ministers of the gospell. 2. Of the honor vvhich is due vnto the priestes and prelates of the church. 3. Of sacrilege, and the punishment thereof. The particular contents of the afore saide Treatises to be seene in the next pages; De diversis ministrorum evangelii gradibus. English Saravia, Adrien, 1530-1612. 1591 (1591) STC 21749; ESTC S107871 200,148 283

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and it hath ben handled at large also yet all little enough Such is the female misconceit of the lasciuious malecontent and the male miscontent of the learned ignoraunt of this age euer learning and neuer able to come to the knowledge of the truth Notwithstanding seeing in the iudgement of the most wise and best learned this Germane Booke seemed for sound iudgement inferiour to none and for graue discourse equall to any it was therfore thought by them an action no lesse commodious to the people then commendable to the Author that he who in the causes of present controuersie hath propounded his iudgement vnto all shoulde haue his iudgement expounded vnto vs. The which although it hath beene curstly censured by a certaine suspicious and suspected Criticke emulous of his betters credite who in his professed lectures hath vsed the remembraunce of his name in disdaine with Sarauia nescio quis Yet his best auditors there and others his betters elsewhere haue found this difference betweene Sarauia and him that besides his great learning and no lesse experience of the which this great Censor neuer had the one neuer will haue the other Sarauia hath made knowen to him and the whole world by this his resolute definitiue who he is whereas the other in one whole tearme hath so behaued himselfe in the same cause that albeit wee all know who he is yet we could neuer tell where to finde him So hoppeth he betweene the stone and the Altar that as a man distract betweene feare and flattery he maketh vp his doubtfull resolution with this harmelesse confession Sentio quod sentio quod nescio I know what I know what I doe not know I but now we see the aduerse part partly by theyr lawlesse outrage and partly by theyr lawfull restraint to be nowe as impotent in their faction as they are odious in their opinion to be at this time as vnable as they were at all times vnworthy to preuaile and then what neede we any longer striue when the ennemy can no longer stand I aunswer that their increase was seene long since to be at the full and their credite appeareth euen now to be in the Waine For the which as we are to giue God thankes who in taking Iustice vpon some of them hath taken pitty vpon the whole Church so likewise are we to pray for the rest that in good time we may see eyther theyr speedy amendement or their present preferment For it is time O Lord that thou haue mercy vppon Sion yea the time is come Notwithstanding in the meane time wee haue entertained this profered aide not so much to inuade the seditious brethren or to bring home the resolued recreant as to strengthen the godly Subiect and to bring forward the well affected Protestant With the which if any man finde himselfe agreeued let him shew for it but so that Sarauia may vnderstand what he saith For my part if I haue conceiued him right the fruite is yours if I haue deliuered him not right the fault is mine Sure I am the Author meant you well and my Authors And so doe I. The Translator TO THE MOST REuerend father in Christ John by the prouidence of God Lord Archbishop of Canterbury Primate of al England and Metrapolitane To the renovvmed and most honored Heroicke Sir Christopher Hatton Knight of the most noble order of the Garter and high Chauncellour of England As also to the noble and right honorable Sir William Cecill Baron of Burghley Knight of the most noble order of the Garter and high Treasurer of England of her Maiesties most Honorable priuy Counsell my very good Lordes true felicity THe auncient receiued custome of dedicating books to men of name and authority is growne and grounded vppon many reasons great waighty all which it shal be needelesse for me to reuise in this place But for my part there are chiefly three causes mouing me to consecrat this my small trauell to you the most Honorable and honored of me my good Lordes First that thereby I might testifye vnto you the duety and deuotion of a loyall and gratefull minde towards you that find my selfe seuerally and singularly bound vnto you all and euery one of you For first one of you vppon my repaire into England disdained not to entertaine me a stranger with no straunge countenance and straunge courtesie The other also dained to accept me vnworthy into his owne family And the other of his especiall fauour brought to passe that by her Maiesties priuiledge and preferment I might be made of a forreiner a freeman of an alien a Cittizen And seeing I haue receiued all these fauours without any deede or desert of mine God thou knowest mine vnworthines I were but too ingrate and vnkinde if I should bury in darke and deepe silence your so rare and religious demerites But whereas I haue no other thing to render or repay vnto your Honors but a mine of thanks and a thankfull minde that mind wil I alwaies beare and that duety in minde so that I will not cease to worship the sacred memory of your religious loue towardes me Another cause is the very nature of the argumente I vndertake the which I could not well prosecute without some particular mention of the Church of England In the which seeing I haue now my part and portion of a pastoral prouince and praised be the Lord my lotte is fallen vnto me in a faire ground might I not seeme vnmindfull of my good neglecting my duty if when I vndertake the cause of those Churches which are alien and outlandish I should ouerslip the state of mine own Church now gremiall to me and mere English But when mine hearts desire and praier to God is that I may some waies benefite my countreymen if I forget thee O Ierusalem And yet if I should forget my duety herein the meere alliance and relation of the matters them selues is such and so great as that by ordinary course of necessary consequence I must be inforced to inferre and praefer the mention thereof in my bookes But because I am but new made of Flemish sterling that is of Outlandish English it may be happely that they which are home-bred will thinke I deale not wel with them to deale with them and that I meddle too farre when I come so neare For which cause I thought it necessarye for mee to commend and commit my selfe vnto your Honorable patrocinie that this stranger book might freely passe vnder your safe conduct Neither shall it grieue me much though it be vniustly cast by most voices if it may iustly passe your accoumpt neither shall it hurt me much though the inraged multitude in disordered throngs cast stones at mee only if your Honors vouchsafe to giue me the white stone But the last cause is for that I am in some doubt how this discourse will be taken of them for whose sakes especially it was vndertaken For it is to be feared that they
or an especiall benefite with the Latines so that a Fendotarye with them is the same that a free Tenant is with vs who holdeth by fealty and homage onely But a Fee is defined among the Lawyers diuers waies First that it is a military seruice imposed and vndertaken vppon this condition that the tenant for the benefite receiued performe his seruice in warre and therein shewe his fealty and fidelity to his patrone and his benefactor By which we may vnderstand what was the original of tenures in Fee Notwihstanding for as much as there are some fees which are not military neyther stand vppon knights seruice this may serue for a more generall definition that a Fee is a benefite or a priuiledge giuen vnto some man vppon this condition that he which receyueth the benefite shall in lieu thereof performe some duty or seruice as a testimony of his thankefulnes But here there are three things of necessity to be obserued the Persons the Things and the Right The Persons are the Lord and the Vasall that I may so speake with the Feudist betweene whom the seruice is contracted The which for the most part in deede is military or knights seruice I say for the most part because of the Ecclesiastike or church seruice But the Thing is the matter substance of the benefite receiued as fields fermes iurisdictions immunities courts or whatsoeuer else is held in Fee But last of all the Right accrueth from these both For the Fee in respect of the Lord is a benefite giuen to the Vasall vpon that condition that he should recognise the autor therof in some kind of seruice but in respect of the Vasall the Fee is the right of vsing and manuring another mans thing vpon that condition that some seruice of duety and testimony of his fealty be due for the sayd thing But now is there any of these three more crosse of contrary to the calling and condition of Ministers then of other Christians But that it may the more plainely appeare what is the nature of the whole matter and what therein is repugnant to the state of a Minister we will more diligently examine the particulars of these pretended Fees Chap. XVIII A distinction of Fees THis title of Fees is many waies deuided but that which maketh for the presēt purpose is this Of Fees som are meere Ciuill some are Military The ciuill Fee is againe sub-deuided into an Ecclesiasticall or Church Fee or a temporall or Lay Fee In the nature of Ecclesiasticall or Church Fees are our Parsonages our Bishoprickes Archbishoprickes Abbies and such like which are giuen to hold in free tenure by the Princes Scepter In the manner and nature of Ciuill Laye Fees are those secular dignities and ciuil offices of the common wealth as Lieutenancies Mairolties Consulships and such like of the which we doe not purpose in this place to make any particular discourse It sufficeth for this time that we haue noted howe all Fees are not giuen for military dueties neyther doe all hold vppon Knights seruice Moreouer this also is most manifest that the lawes of Fees haue often times altered and the nature with the lawes so that ther is nothing more variable then that title And that the whole matter dependeth vppon certaine customes and the vncertaine pleasures of the Lords who vppon any condition or without any condition if it please them may freely giue the things they haue to be held and vsed In deed the first occasion of Fees was Knights seruice that the Prince might alwayes haue a sufficient host Captains competent for the defence of the common wealth So that Fees no doubt in the beginning were no other thing but stipēds for war not hereditary but temporary not vnlike to Princes annual pensions at this day And then no question neyther young children nor youthes vnder the age of fourteen were capiable of those Fees nor generally any whosoeuer was not apt able for seruice of war yet we see afterwards how they were made Hereditary also so that in many places they now differ litle or nothing from ordinary inheritance Whereby we may see that those lawes conditions of Fees which determine that a Clerke is no hable person to hold in Fee are to be vnderstood no otherwise thē of knights Fee In the which notwitstanding if it seeme good to the Lord of the Fee to alter the law thereof as he iustly may by his absolute authority he may also graunt the same Fee vppon any condition vnto the Church in generall or to anye of the cleargy in particular In the meane while those Lawes which serue to restrain cleargy men from these Fees do in like manner by the same reason exclude women and children and young men and old men and all men that are not fit for military seruice Who when as at this day they are notwithstanding admitted what reason that Clergy men alone should be excepted For they also may performe by an other man or supply with another duety that duety of Chieualry if it be a duty as wel as womē boies wherfore seeing that at this day the Pastors and Prelats of the church doe liue vnder the same Magistrat the same lawes neither do challenge vnto themselues any peculiar immunity from the burdens of the common wealth any otherwise then other Cittizens surely to depriue them of the like benefits or to depose them from the like priuiledges with other cittizens is an action no lesse odious to al then iniurious to thē But as of old for good cause it seemed necessary to them which had the chiefe place in the common wealth to giue lands and Lordships in Fee to their Nobles and noble warriours for military attendance and the peaceable continuance of the common wealth so also did they take it no lesse necessary and as great reason for them to giue vnto Pastors and Bishops in the like name and nature of Fees both towns and towres and parkes woods and pooles and fishings and fermes and fields and tenths and tithes for the sacred ministery of Gods Church and the reuerend administration of things sacred thereby to aduance the honor and support the worthines of that most honorable heauenly calling As for those things which the Bishops and other Ecclesiastical persons in England doe hold in Fee they are for the most part of that nature as that they require no military seruice for they are giuen in Franke almoigne as they terme it and yet notwitstanding all ancient Bishopricks haue frely graunted many Fees and such like tenures vnto theyr Tenants in fee to hold in Knights seruice Who by this means doe performe vnto the kings of England as well military as other necessary seruices in the Bishops behalfe by the which the Bishops are enlarged and set free from them Chap. XIX An aunswere to the obiection That ciuil iurisdiction outward pompe and honors which are annexed with these fees doe not agree with the