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A12763 De non temerandis ecclesiis A tract of the rights and respect due vnto churches. Written to a gentleman, who hauing an appropriate parsonage, imploied the church to prophane vses, and left the parishioners vncertainely prouided of diuine seruice, in a parish neere there adioyning. By Sr. Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641. 1616 (1616) STC 23068; ESTC S100543 41,397 238

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in this point if I open not the windowes of heauen vnto you and giue you fruit without measure Lo wee haue proued how Tithes are more profitable vnto vs then to God O foolish men What hurt doth God command that he should not deserue to bee heard For he saith thus The first fruits of thy treshing floore and of thy Wine-presse thou shalt not delay to offer vnto mee If it be a sinne to delay the giuing how much worse is it not to giue at all And againe he saith Honour thy Lord thy God with thy iust labours and offer vnto him of the fruits of thy righteousnesse that thy barnes may bee filled with wheat and thy presses abound with wine Thou doest not this for God a mercy that by and by shalt receiue it againe with manifold increase Perhaps thou wilt aske who shall haue profit by that which God receiueth to giue presently backe againe And also thou wilt aske who shall haue profit by that which is giuen to the poore If thou beleeuest thy selfe shall haue profit by it but if thou doubtest then thou hast lost it Tithes deare Brethren are a tribute due vnto the needy s●ules Giue therefore this tribute vnto the poore offer this sacrifice vnto the Priests If thou hast no Tithes of earthly fruits yet whatsoeuer the Husbandman hath whatsoeuer Ar● sustaineth thee it is Gods and he requires Tithe out of whatsoeuer thou liuest by whether it be Warfare or Traffike or any other Trade giue him the tithe Some things we must pay for the ground we liue on and something for the vse of our life it selfe Yeeld it therefore vnto him O man in regard of that which thou possessest yeeld it I say vnto him because he hath giuen thee thy birth for thus saith the Lord Euery man shall giue the redemption of his soule there shal not bee amongst them any diseases or mishaps Behold thou hast in the holy Scriptures the cautions of the Lord vpon which hee hath promised thee that if thou giue him thy Tith thou shalt not onely receiue aboundance of fruites but health also of body Thy barnes saith he shall be filled with wheate and thy presses shall abound with wine and there shall bee in them neither diseases nor mishaps Seeing then by payment of Tithes thou maiest gaine to thy selfe both earthly and heauenly rewards why doest thou defraude thy selfe of both these blessings together Heare therefore O thou zeale-lesse mortality Thou knowest that all things that thou vsest are the Lords and canst thou finde in thy heart to lend him that made all things nothing backe of his owne The Lord God needeth not any thing neither demandeth he a reward of thee but honour he vrgeth thee not to render any thing that is thine and not his It pleaseth him to require the first fruits and the Tithes of thy goods canst thou denie them O couetous wretch What wouldst thou doe if he tooke all the nine parts to himselfe and left thee the tenth onely And this in trueth hee doth when by with-holding his blessing of raine the drought maketh thy thirsty Haruest to wither away and when thy fruit and thy vineyard are strucken with haile or blasted with frost where now is the plenty that thou so couetously didst reckon vpon The nine parts are taken from thee because thou wouldst not giue him the Tenth That remaines onely that thou refusest to giue though the Lord required it For this is a most iust course that the Lord holdeth If thou wilt not giue him the tenth he will turne thee to the tenth For it is written saith the Lord Insomuch as the Tithe of your ground the first fruits of your Land are with you I haue seene it but you thought to deceiue me hauocke and spoile shall bee in your Treasurie and in your houses Thus thou shalt giue that to the vnmercifull Souldier which thou wouldest not giue to the Priest The Lord almighty also saith Turne vnto me that I may open vnto you the windowes of Heauen and that I may poure downe my blessing vpon you and I will not destory the fruit of your Land neither shall the vines of your field or the trees of your orchards wither away or be blasted and all nations shall say that you are a blessed people God is alwaies ready to giue his blessings But the peruersenesse of man alwaies hindreth him For hee would haue God giue him all things and he will offer vnto God nothing of that whereof himselfe seemeth to bee the owner What if God should say The man that I made is mine the ground that thou tillest is mine the seed that thou sowest is mine the cattell that thou weariest in thy worke are mine the showers the raine and the gentle winds are mine the heat of the Sunne is mine and since all the Elements whereby thou liuest are mine thou that lendest onely thy hand deseruest onely the tithe or tenth part Yet because Almighty God doth mercifully feede vs hee bestoweth vpon the labourer a most liberall reward for his paines and reseruing onely the Tenth part vnto himselfe hath forgiuen vs all the rest Ingratefull and perfidious deceiuer I speake to thee in the word of the Lord. Behold the yeere is now ended giue vnto the Lord that giueth the raine his reward Redeeme thy selfe O Man whilest thou liuest Redeeme thou thy selfe whilst thou maiest Redeeme thy selfe I say whilest thou hast wherewith in thy hands Redeeme thy selfe lest it greedy death preuent thee thou then lose both life and reward together Thou hast no reason to commit this matter ouer to thy wife who happily will haue another husband Neither hast thou O woman any reason to leaue this to thy husband for his minde is on another wife It is in vaine to tie thy Parents or thy kinsfolke to haue care hereof no man after thy death surely shall redeeme thee because in thy life thou wouldest not redeeme thy selfe Now then cast the burthen of couetousnesse from thy shoulders despise that cruell Lady who pressing thee downe with her intollerable yoake suffereth thee not to receiue the yoake of Christ For as the yoake of couetousnesse presseth men downe vnto hell so the yoake of Christ raiseth men vp vnto heauen For tithes are required as a debt and hee that will not giue them inuadeth an other mans goods And let him locke to it for how many men soeuer die for hunger in the place where he liueth not paying his tithes of the murthering of so many men shall he appeare guilty before the tribunall seate of the eternal Iudge because he kept that backe to his owne vse that was committed to him by the Lord for the Poore He therefore that either desireth to gaine a reward or to obtaine a remission of his sins let him pay his tithe and bee carefull to giue almes to the poore out of the other nine parts but so
seruice of God Yea that pollute his Churches and houses of prayer to seruile base offices leauing the Parishioners vncertenly prouided of diuine seruice to the destructiō both of the Priesthood it selfe and of the seruice of God in generall 15 But they will comfort themselues with this that though the Churches bee sanctified to some purpose yet the sanctity thereof differeth from Leuiticall sanctification and that God doth not now kil any from heauen for prophaning the things of the Gospel as he did then for prophaning the things of the law I answer The sanctity in deed of the one differeth from the sanctity of the other For the Leuiticall things were sanctified by the hand of man to be matter of Ceremony but the churches of the Gospel are sanctified by our Sauiour himselfe to be houses of prayer Not that prayer is to be vsed onely in these places but that these places are onely to be vsed for prayer And wee must not presume that God sleepeth because hee punisheth not now as he did of old the cōtemners of his worship For as the law consisted in visible temporal things so the punishments therin were for the most part visible and temporal But the Gospel concerneth things inuisible and eternall and therefore the punishments assigned therein are for the most part inuisible eternall 16 They haue also another comfort and that is that though these things were once Spirituall now they are made temporall by the Lawes of Dissolution and especially by the Stat. of 32. H. 8. cap. 7. It is true that those Statutes apply diuers Law-termes vnto these things that properly belong to temporall inheritances and that the Statute of 32. H. 8. hath made them demandable by originall Writs hath giuen certain real actions other courses for recouering conueying of them in Temporall Courts because Lay-men could not in former times haue sued for things of this nature in any Court of the Kingdom But this prooueth not the things themselues to bee therefore temporall no more then that an English man is a Frenchman because he saileth in a French bottome For vpon the same reason the Statute giueth also other actions for recouering of tithes and offerings withholden c. in the Courts spiritual They then that out of the one part of the Statute wil haue them temporall are by the other part in forced to confesse them still Spirituall and so to make them like a Centaure prolem biformem It were very hard in my vnderstanding to ground a point of so great consequence vpon subtiltie of words and ambiguous implications without any expresse letter of Law to that purpose especially to make the Houses and offerings of God temporall Inheritances But I see it is a Law question in my Lord Dier whether tithes be made Lay or Temporal by any words in those Statutes And therefore I must leaue this point to my Masters of the Law who haue the key of this knowledge onely in their owne custody Yet I thinke I may bee so bold as to say thus much out of their owne bookes that a Statute directly against the Law of God is void If then Tithes be things spirituall and due de iure diuino as many great Clarks Doctors Fathers some Councels and that euer honorable Iudge and Oracle of Law my Lord Coke himselfe in the second part of his Reports affirme them to be I cānot see how humane laws should make them Temporal Of the same nature therfore that originally they were of of the same nature do I still hold them to cōtinue for manēte subiecto manet cōsecratio manet dedicatio Time Place and Persons do not change them as I take it in this case Nabuchodonozor took the holy vessels of the Temple hee caried them to Babylon hee kept them there all his life and at last left them to his ●onne and grandchildren but all this while the vessels still remained holy Yea though they were comne into the hands of those that were not tied to the ceremonies of the law and at length into the hands of them that had them by a lawfull succession from their Fathers and Grandfathers yet as soone as they beganne to abuse them to prophane vses that very night Balshazzer himselfe died for it the line of Nabuchodonozor that tooke them from the Temple was extinct and the Kingdome translated to another Nation Dan. 5. 2. 17 Happily also Lay Approprietaties comfort themselues that they may hold these things by example of Colleges Deanes and Chapters Bishops of the land and of diuers of our late Kings Princes Before I speake to this point I take it by protestation that I haue no heart to make an Apology for it For I wish that euery man might drinke the water of his owne well eate the milke of his own flock and liue by the fruit of his owne vineyard I meane that euery member might attract no other nutriment but that which is proper to it selfe Yet are they greatly deceiued that draw any iuce of encouragement from these examples For all these are either the Seminaries of the Church or the Husbandmen of the Church or the Fathers and Nurses of the Church all de familia Ecclesiae and consequently belonging to the care of the Church and ought therfore to be susteined by it for Saint Paul saith Hee that prouideth not for his owne and namely for them of his household he denieth the faith and is worse then an Infidell 1. Tim. 5. 8. Therefore before the Statutes of suppression of Abbies those that were not meerely Ecclesiasticall persons yet if they were mixt or had ecclesiasticall iurisdiction they might by the Lawes of the Land participate Ecclesiasticall liuings and Tithes particularly And this seemeth to take some ground out of the word of God For the prouinciall Leuites as I may terme them whom Dauid seuered frō the Temple and placed abroad in the countrey to be Rulers of the people in matters pertaining to God and the Kings businesse that is Spiritually and Temporally had their portions of tithes notwithstanding as well as the other Leuites that ministred in the Temple Now that the King is Persona mixta endowed aswell with Ecclesiasticall authority as with temporall is not only a sollid position of the common Law of the Land but confirmed vnto vs by the continuall practise of our ancient Kings euer since and before the Conquest euen in hottest times of popish feruency For this cause at their coronations they are not onely crowned with the Diadem of the Kingdome and girt with the sword of Iustice to signifie their Temporal authority but are anointed also with the oile of Priesthood and clothed Stola Sacer dotali and veste Dalmatica to demōstrate this their Ecclesiasticall iurisdiction whereby the King is said in the Law to be Supremus Ordinarius and in regard thereof amongst other Ecclesiasticall rights and
Let no man therefore rely vpon me but learn of them that are bound to teach For the Priest slips should preserue knowledge and they should seek the law at his mouth for he is the messenger of the Lord of Hosts Mal. 2. ● Other things there be wherein I would willingly haue enlarged my self a little but as Popilius in Liuy discribing a circle about Antiochus enforced him to answere before hee stept out of it So the Printer hauing printed al to the last sheet before I knew it restraineth me ad articulum temporis within which accordingly I must needs end A Rectory what it is a Plowd Comment in Quare Impedit per Grendō c. b Oblatio est omne quod exhibetur in cultu Dei Tho. Aq. 22. q. 85. 3. 3. c. and Vrban in his epist. Tome 1. Concil And lands are so termed Ezek. 45. 1. and Tithes Numb 18. 24. So also the Canonists Ciuilians expound them Concil Aurel. ca. 7. Burcha lib. 3. ca. 129. 143. Et Lex Iurid in verb. oblatio c Leuit. 27. 28. d Touching diuine worship and works of charity Tithes how due Gen. 14. 19. a Yet there bee diuers naturall reasons that commend this number for this purpose aboue other b Gen. 14. 20. c Gen. 28. 22. d Leuitticus 27. 30. and 32. Deut. 12. 6 11. Mallachy 3. 10. e Declared by the Fathers and Counsels Tithes originally not Leuiticall a Iacob voweth to giue tithes Gen. 28. 22. And Ioseph sheweth he performeth his vow Antiquit lib. 1. cap. 27. b Hom. 35. in Gen. c The Scripture onely mentioneth Bread and wine to be giuen by Melchisedeck to Abraham But Iosephus sheweth that hee gaue him also diuers other rich gifts Antiquit. lib. 1. cap. 18. d Leuit. 37. 30 3● c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Num. 18. 21 24 26. a Ambros. in Serm. quadrages b August in Serm. de temp 1●9 alias c Hieron in Mala. 3. d Chrysost. in Epist. ad Heb. Hom. 12. Hom. 35. in Gen. e Roman Concil 4. Aurelian 1. Tarracon sub Horm Mediomatricis toletanum Agrippin cap. 6. Hispalens Mont●s concus 2. Valentinum sub Leone 4 Rothomag cap 3. Cauall●n cap. ●8 Maguntin cap. 10. f Origen Tertullian Cyprian Gregory c. See this Sermon in the end of this booke Glaber Hist. lib. 2 ca. 11. Of Oblations offerings a Vrban Epist. circiter Anno. Christi 227. b Constantine Valentinian made lawes that rich men which were able to support the charges of the Common-wealth should not be admitted into religious houses because their poss●ssions and goods were thereby a mortized c 2 Chron. 31. 11. d Tertullian in Apologetico e Iustinius in Apol. 2. Hist. Ecles f Sermone 1 de Eleemosymis g Hee calleth the treasury Corban of that at the Temple of Hierusalem h Noui Testamenti nouam docuit filz Christ●us oblationem quam Ecclesia ab Apostolis accipiens in vniuerso mundo offert Deo ei qui alimenta nobis prestat primitias suorum muncrum in nouo testamento i Vide Zanchium lib. 1. de culm Dei externo Of Glebe Land and houses belonging to Parsonages How lands came to the Churches a It appeareth by the Epistles of Pius and Vrban who liued about the yeere of Christ 230. that the Church of Rome had then begū to retain lands in this māner vpō this reason it may well be for that Origen Eusebius shew that Churches had then possessions b Edicta Constantini Lucinij Impp. Eus. lib. 10. ca. 5. c Origen speaketh of rents of the Church Hom. 31 in Mat. d Eusebius of an house belonging to the Church of Antioche that Paulus Samosatenus in the time of Aurelianus the Emperour about 30 yeeres before Constantine wrongfully inuaded Lib. 7. cap. 24. e f Read the note a next afote g Synod Roman sub Symacho 103. Episcoporū circiter An. Christ. 503. tota contra inuasores Ecclesiarū Concil Aurelianens 4. Ann. 543. c. 19. 34. Conc. Meldeus ca. 5. Burch lib. 11. cap. 16. Concil Gangrens cap. 8. Bur. lib. 11. cap. 20. Concil Mogunt cap. 3. 6. 7. plurima alia h See the two edicts of Constantine and Licinius Empp. Euseb. lib. 10. cap. 5. And the lawes of Constant Theodos Iust Carol Magn and many other i To passe ouer forraigne Princes our own in former times haue almost successiuely confirmed them k Si quis in agro suo aut habet aut postulat habore dioecefim primum terras ei deputet sufficienter clericos qui ibidem sua officia impleant vt sacratis locis reuerentia condigna tribuatur Aur. Conc. c. 23. in Conc. Tom. 2. vbi nota quod dioecesis accipitur pro libertate condendi oratoria vel Ecclesias itaque in argumēto huius capituli oratorium exponitur l Tom. concil 1. * Coloniam vestitam m Concil Tolet. 3. cap. 15. n Chrysost. hom 18. in Acta o Syn. Lond. ca. 16. Antiq Britan. ca. 34. * Alias Adulphus p I●gulf in Hist. Croil q Sim. Dumelm cita Antiquit. Brit. cap. 27 r Deciviam mansionem vbi mininum sit s As appeareth in their seuerall lawes and namely 15 times in Edw. 3. raigne t See the Stat. of 25. Edw. 1. in Rastals Abridgment tit Confirmat 3. And Sententia lata sup●r Chartas And Pupilla ocult par 5. c. 22. u Nelis 10. 32. x Acts. 5. 4. Churches and their liuings dedicate to God a See the 6. Syn. Rom. of 103 Bishops aboue 1000 yeers since wholly against violaters of Churches Church-rights And see many other to this purpose Burchar lib. 11. a Demonst. Problem tit Templum sect 3. In Epist. ad Constant. Imp. a Histor. suae lib. 1. c. 30. Sozom lib. 3. cap. 25. Niceph lib. 8. cap. 50. Hist. Triper li 3. fol. 331 * Hierusalem * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. consecrare * Euseb. 〈◊〉 orat de laudib Constant Ibideus Gen. 28. 22. Chrys. hom 18. in Act. Concil Mogunt ca. 7. Holy rights and Temples how respected by Heathens Gen. 47. 22. Biblioth hist. lib. 5. Iohn 10. 3. How fearefull a thing it is to violate the Church 2. Chron. 24. vers 7. Dauids zeal for the house of God * This Psalme is alledged to this purpose by Lucius who was martyred about An. Chr. 255. in his epistle to the Bishops of Gallia and Spaine Tom. Concil 1. The zeale of our Sauiour to the house of God And of the parts of the Temple Mat. 21. 12 Mar. 11. 17. Luke 19. 45. Num. 18. 5. Ebr. 9. 2 3 4 5 c. a Christ came to fulfill the Law not to break it Therefore doubtles he obserued the rules thereof and the quality of his Tribe b See the forme of the Temple in Arias Montaiu Antiquitat Iudaic. lib. Aricl and in the Geneua Bible 1. King cap. 6. and marke well both it and the notes vpon