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A74974 De non temerandis ecclesiis, churches not to be violated. A tract of the rights and respect due unto churches. Written to a gentleman who having an appropriate parsonage, imployed the church to prophane uses, and left the parishioners uncertainely provided of divine service, in a parish neere there adjoyning. / Written and first published thirty years since by Sir Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641.; Spelman, Clement, 1598-1679. 1646 (1646) Wing S4921; Thomason E335_5; ESTC R200775 67,012 74

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k 2. Ma. 8.33 Calisthenes attempting to burne the Temple set fire on the gates and after is himselfe burnt by the Iewes l 2. Mac. 4.39 Lysimacus called the Church-Rober commits many m 2. Mac. 4.2 saeriledges by the instigation of Menelaus is slain by the n 2. Mac. 13.5678 treasury of the Temple and his instigator is by Antiochus put to a strange Death For in Berea was a Tower 50 Cubites high full of Ashes with a Round instrument that went downe into the Ashes wherein they put Sacrilegious persons and Menelaus saith the Text having committed sinnes against the Altar whose Fire and Ashes are holy receives his Death by Ashes not having a Buriall in the Earth Alcimus even in his Act of Sacriledge while pulling downe the o 1. Ma. 9.55 Temple walls is stuck with a Palsie and dyes in torment Jason that burnt the Porch Demetrius and other Sacrilegious persons all fall under the single Curse of one Heathen and doest thou think to scape so many Curses of a Christian Church which twice a yeare being so directed by Parliament curses the violators of Churehes and Church Liberties But if these judgements and examples cannot fright thy covetous soule from Sacriledge but thy desires of being rich sway thee then let thy provident good husbandry so far prevaile with thee as not to meddle with God's and the Levites portion the Church patrimony but even out of Temporall and Wordly respects for the good of thee thy Children Neighbours and posterity forbear what pretences soever are made the dissolving Bishopricks and Deaneries Remember that of all the specious pretences and large promises made both by Woolsey and H 8. upon their severall Dissolutions not any one of them is performed Woolsey neither settles his Colledges nor H. 8. ease his Subjects of Loanes Taxes and Impropriations maintaines no Souldiers for defence of the Kingdome nor disposes the Lands as the Statute directs to the honour and pleasure of Almighty God nor indeed to the profit of the Kingdome if thou weighest the profit and conveniency the Publique had before with what they have now the burdens and charges that we have since groaned under and formerly not knowne but that evill is only to be lamented not cured may we happily prevent the like for the future The Lands and Revenue of Bishopricks Deaneries clogg'd with long Leases under small Rents can give but little help in Pay of the Vast Publique Debt and that with greater damage to the Common-wealth then the draine of private Purses can be for this only weakens particulars and for the present that ruines generally and for ever for the Priesthood is not with us as with the Jewes intayled upon Aaron and his Sonnes but thine mine his the sons of Nobles Gentlemen and Pesants while all alike able are all alike interested in the Churches preferment which in our Nation is the sole Spure the only reward for Learning and happily provides for those which otherwise would be burdens to their Parent mischiefes to the Kingdome while Colledges Bishopricks and Deaneries continue thou and thy Neighbour continuest thy Lease at small Rents thy Sonnes and Grand-child renues it at easie Fines and by the accustomed charity of thy Ecclesiastick Landlord thy continued Lease not clogged with Liveries Primer seisins and Wardships the curse of Tenures equalls if not betters an Inheritance But Colledges Bishopricks and Deaneries dissolved their Lands and Houses must be assigned as were Monasteries and impropriations to this Lord or that Courtier or to that or this Committee-man and then thy rent if thou beest continued Tenant must be racked to the highest rate 'till thou ruined by paying so great a Rent thy Landlord by receiving the Church-Revenue and all wee while under the rodde for the first be guilty of a second Nationall Sacriledge for shall we not believe this Nationall Warre and generall ruine to be for a generall and Nationall sinne which cannot be the acts of private and partisular men though infinitely multiplyed but must proceed from the Acts of the universall Nation and such I know none but that Sacriledge of destroying some Churches some Chappell 's and robbing others of their Tythes and Indowments 27. H. 8. 31. H. 8. which is not only connived at but made lawfull by our Acts of Parliament to which even every one in the whole Kingdome by our own Law is said to be privie and consenting and thereby guilty of the subsequent Sacriledge and then doe thou judge whether another Act for dissolution which God prevent will not be a steppe to another Nationall Sacriledge and that to another Scourge therefore if Hophny and Phineas have sinned and Eli not reproved them let them all three dye yea in one day for we have Text and president for that but neither that the order should perish To conclude doe thou consider that while we deteine Tithes from the Church and forbid Aaron to counsell Moses whether we trespasse not upon the Property and Liberty of the Church and shall not God visit for these things when thou with thy Sword maintainest against thy Brother If not against thy King thy Property of Goods and Liberty of Subject But that God may withdraw his Visitations and thou sheath thy Sword and the King receive the Allegiance and Tribute due from His Subjects His Subjects their Protection and Liberties from the King May King and Subject agree to returne God and his Church what is due to them and may the first Acter in restoring God his right be by God first restored to his owne right Other things and these more perfectly I would have observed to thee had not London and Oxford the Records and I been at so great a distance Let therefore thy goodnesse excuse what is either omitted or mistaken by not viewing the Records and for my other Errors I beg thy pardon as I would have done for medling with this subject fitter for a Pulpit then my Pen but I have often heard it slighted from the Levite as Preaching his owne profit and therefore thought it might take better though worse delivered from a Lay hand no wayes concerned by it but in the generall Calamity of our Common-wealth Farewell CLEM SPELMAN De non temerandis Ecclesiis OF THE RIGHTS AND RESPECT DVE VNTO THE CHVRCH INsomuch as the rights and duties that belong to our Churches are in effect contained under the name of a Rectory or Parsonage I will first define what I conceive a Rectory or Parsonage to be according to the usuall forme and manner thereof A Rectory or Parsonage is a a Plowd Comment in Quare Impedit per Grendom c. Spirituall living A Rectory what it is composed of Land Tythe and other b Oblatio est omne quod ex hihetur in cultu Det Tho. Aq. 2.7 q. 85.3.3 c. and Vrban in his epist Tom. 1. Concil And Lands are so termed Ezek. 45.1 and Tythes Num. 18.24 So also the
stood who dyes beast like not speaking a word Mills saith the Arrow glanced from the Deare Speed and Matthew Paris from a Tree and killed the King but both agree his death to be as his Fathers by accident He dead his followers as did his Father's leave his body and fled his Funeralls are as his Fathers interrupted for his r Mat. Par. ib. Speed 449. Corps were laid in a Colyers Court drawne by one silly leane Beast saith the Book in his passage the Cart brake in foule and filthy wayes leaving his body a miserable spectacle pittifully goared and filthily bemired so as his Father he passeth not quietly to his Grave yet at last he is brought bleeding to Winchester and there buryed unlamented Speed saith his Å¿ Speed ibid. bones were after taken up and laid in a Coffer with Canutus his bones but there they rest not for in December 1642. Winchester being entered by the Parliament forces the Organes Windows and Chests wherein the bones of many our ancient Kings were preserved were by the fury of the souldiers broken and among others his and as his Fathers scattered upon the face of the Earth as not worthy buriall And this was the third of the Conquerours Issue that was murdered in the New Forrest where the Doggs licked the blood of Naboth there they must licke the blood of Ahab where the sacriledge was committed must be the place of the punishment Hugh Earle of Shrewsbery 11th Wil. Rusin commanding against the Welchmen in Anglesey kenneled his Doggs in the Church of S. Frydance where in the morning they were found madd the Earle shortly after fighting with the enemy was with an Arrow shot t Holl. 23. dead in the eye the rest of his body being strangely armed Henry the first the Conquerours fourth Sonne is his brothers Successor he had severall Children whereof his eldest William with his brother Richard and Sister Mary in a calme day are u M. Pa f 69. Speed 459. Holl. 41. drowned by the English shore himselfe eating Lampreis dies on a surfet and being opened the stinck of his body and braines * M Par. 73. Speed 467. poyson his Physitions one other of his Daughters mournes her virginity in a Nunnery and dyes Childlesse and in the next Generation is his name forgot Plantaginet takes the Crowne It is observable that the Conqueror all his Sonnes and all their Sonnes dyed untimely deaths unlesse thou reckonest the Lamprey Surfet of H. 2. to be naturall what the x Fol. 20. in margine Author notes of Nabuc and H. 8. is also true of William the Conqueror for in the 68. after his destroying St Peters Church at Yorke which was in his second yeare his Name is extinct and his Kingdome is devolved to another Nation y Speed f. 46. that the Norman time held 69 year Plantaginet takes his Crowne upon search I feare thou shalt find very few Families among the many thousands in England who enjoy their Sacrilegious possessions of Abbies and Impropriations beyond the 68 yeare and very many that hold them not halfe the time and none almost but with some notable misfortune I cannot omit the Sacriledge and punishment of King John who in the 17th yeare of his Raigne among other Churches rifled the Abbies of z Hol. 194. Par. f. 287. Peterborough and Croyland and after attempts to carry his sacrilegious wealth from Lynne to Lincolne but passing the Washes the Earth in the midst of the waters opens her mouth as for Korah and his company and at once swallowes up both Carts Carriage and Horses all his Treasure all his Regalities all his Churchspoyle and all the Church-spoylers not one a Matt. Par fo 287. nec pes unas evasit qui regicasam nuntiaret escapes to bring the King word the King himselfe passes the Washe at another place and lodges that night in Swinsteed Abbey where the newes and sicknesse whereof he dyed together met him some say he was poysoned by a Munke of Swinsteed William b Math Par. fo 687. Marshall Earle of Pembrooke the great Protecter both of King and Kingdome having in the Irish warre forceably taken from the Bishop of Furnes two Mannors belonging to his Church was by him much solicited to restore them but the Earle refusing was by the Bishop excommunicate and so dying was buried in the Temple Church at London The Bishop sues to the King to returne the Lands the King requires the Bishop to absolve the Earle and both King and Bishop goes to the Earles grave where the Bishop in the Kings presence used these words Oh William which lyes here snared in the bonds of Excommunication if what thou hast injuriously taken from my Church be with cempetent satisfaction restored either by the King thy heires or friend I then absolve thee otherwise I ratifie my sentence Vt tuis semper peccatis involutus in inferno maneas condemnatus The King blames the Bishops rigour and perswades the Sonnes to a restitution but the Eldest William answered He did not beleeve his Father to have got them unjustly because possessions got in Warre becomes a lawfull inheritance and therefore if the doting old Bishop hath judged falsely upon his owne head be the curse my Father dyed seized of them and I lawfull inherit them nor will I lessen my estate Which the Bishop hearing was more grieved at the sonnes contumacy then the Fathers injury and going to the King told him Sir what I have said stands immutable the punishment of Malefactors is from the Lord. And the curse written in the Psalmes will fall heavy upon Earle William in the next Generation shall his name be forgot and his sonnes shall not share the blessing of increase and multiply and some of them shall dye miserable deaths and the inheritance of all be dispersed and scattered and all this my Lord O King you shall see even in your dayes With what spirit the Bishop spake it doe thou judge for in the space of 25 yeares all the five Sonnes of the Earle successively according to their Birth inherits his Earldome and Lands and all dye Childlesse the name and Family is extinct and the Lands scattered and dispersed and that nothing might faile of what the Bishop foretold c Matth. Par. 400. 403. Richard his second sonne is sore wounded and taken Prisoner in Ireland and there dyes of his hurts d Matt. Par. f. 565. Aune Dom. 1241. Gilbert the third sonne justing at Hertford breaks the Reynes of his Bridle and falling from his Horse one foot hangs in the stirrop and he thereby dragged about the field till rent and torne and so by a miserable death satisfied the Curse But these examples are at too great a distance and not to be discerned but through the perspective of Antient History I will therefore come nigher and view Cardinall Woolsey who from a m ane and obscure root grew to over shaddow all the
left undissolved by H. 8. In the third yeare he permits if not procures his Brother Thomas Lord Seymore untried saith o Godwin fo 227. Goodwin to be attainted by Parliament and shortly after not unblamed signed a Warrant for his Execution whereupon his Brother lost his Head and he a friend The same yeare his zeale to Reformation addes new sacriledge to his former for he defaces some part of St Pauls p Stowes Aunalls Church converts the Charnell-house and a Chappell by it into dwelling Houses and demolishing some Monuments there he turnes out the old bones to seek new Sepulchers in the Fields next he destroyes the Steeple and part of the Church of St Johns of Jerusalem by Smithfield Ibid. and with the stone beginneth to build his house in the * Somerset House Strand but as the leprosie with the Jewes with us the curse of Sacriledge cleaves to the Consecrated stone and they become insuccessefull so as the Builder doth not finish his House nor doth his Sonne inherit it In the fifth yeare of Edward the 6th the Duke was indicted and found guilty of Felony which was saith Hollinshead upon a Statute made the third and fourth of Edward the 6th and since repealed whereby to attempt the death of a Privy Councellour is Felony Godwin saith upon the Statute of 3. H. 7. but erroniously that not extending to Barons it is observable that this Law was but the yeare before passed by himselfe and himselfe the only man that ever suffered by it The Statute being since repealed q Godwin fo 247. Godwin observes and wonders that he omitted to pray the benefit of his Booke as if Heavens would not that he that had spoyled his Church should be saved by his Clergy and it is observable that in the Raigne of Edw. 6th none of the Nobility dyes under the Rod of Justice but the Duke of Somerset and his Brother the Lord Admirall all the Vncle 's the King had and their Crimes comparatively were not haynous Did these men dye the common death of all men or are they visited after the manner of all men if not beleeve they provoked the Lord and consider that if they sinned in the first prophanation thou that continuest their act can'st not be innocent Here thou mayest see God observing a Decorum in his punishment of Sacriledge the Issue of the Conqueror are strangely almost miraculously slaine in the New-Forrest where their Father committed the Sacriledge Woolsey that by the Kings licence and power had destroyed 40 Monasteries is by the Kings power ruined and at last driven to seek entertainment and an obscure grave in a Monastery his Agents that had thrust themselves into his sacrilegious imployment are themselves their owne Executioners guilty of their owne Blouds Pope Clement the 7th that willingly permitted the spoyle of 40 poore Monasteries to erect two Rich Colledges is himselfe necessitated to Plunder his owne rich Church to preserve his poore decayed Person The Lord Cromwell and Duke of Somerset commit their Sacriledge by Acts of Parliament and by Acts of Parliament they perish every one by the Sword wherewith he strikes And since in the Acts of Parliament for dissolution of Monasteries the whole Kingdome was involved either by their Personall consent as Barons or their implicite consent in the representative body in the House of Commons we have just cause to feare and pray least God still observing his order and turning our Artillery upon our selves should make use of a Parliament whereby our Fathers robbed him to destroy us their Children I have here given thee instance only of such as were the first Actors in the Violation and subversion of Monasteries least therefore thou shouldest thinke the crime and punishment endeth with them Consider with me the condition and successe both of our Common-wealth in generall and of Private Families in particular before the Dissolutions and observe them after and we shall find just cause to thinke there is a cursed thing amongst us For while our Religious houses stood they imploying their Revenues according to their Donors direction opened wide their Hospitable gates to all Commers and without the charge of a Reckoning welcommed all Travailers untill the Statute of 1. Edw. 1. restrained and limited them and casting their Bread upon the Waters they releeved the Neighbouring poore without the care of the two next Justices of Peace or the curse of a Penall Law while they stood the younger Children both of Lords and Commons were provided for without the ruine of their Fathers Estate or almost a charge to their Parents and not left as now often to an unworthy necessitous and vitious course of life we had then no new Lawes the off-spring of new Vices to erect Houses of correction for lewd and r Vid. 43. Eliz c. 3. vagrant Persons to provide stock to bind poore Children Prentises or to make weekly Leavyes to maintaine the weake lame indigent and impotent People to our new charge of an Annuall Subsidie at least for these were provided for those prevented by the charity of our Religious Houses and then the Families and Estates of our Nobility and Gentry continued long through very many descents But when covetous sacriledge got the upper hand of superstitious charity and destroyed all our Monasteries all our Religious Houses the preservers of Learning both Divine and Humane by their Learned workes and laborious Manuscripts the suppressors of Vice by their strict regular and exemplar life though some nay many among them Sonnes of Ely made the offerings of the Lord to stinck before the People Then all their Houses all their Lands Appropriations Tithes and Oblations 〈…〉 Par. Churches 9232. Cam. Brit fo 162. 9284. whereof impropriate 3845. comming into the Kings hands Policy to prevent a restitution distributes them among the Layety some the King exchanges some he sells others he gives away and by this meanes like the dust flung up by Moses they presently disperse all the Kingdome over and at once becomes curses both upon the Families and Estates of the owners they often vitiously spending on their private occasions what was piously intended for publique Devotion insomuch that within Twenty yeares next after the Dissolution more of our Nobility and their Children have been attainted and dyed under the Sword of Justice then did from the Conquest to the Dissolution being almost five hundred yeares so as if thou examine the List of the Barons in the Parliament of the 27. H. 8. thou shalt find very few of them whose Sonne doth at this day inherit his Fathers Title and Estate and of these few many to whom the Kings favour hath restored what the rigorous Law of attainder took both Dignity Lands and Posterity And doublesse the Commons have drunke deep in this Cup of deadly Wine but they being more numerous and lesse eminent are not so obvious to observation Thou hast seen the insuccesse of H. 8. and his Family and mayest observe his
the tithes of the land was his Other phrases of Scripture doe confirme this for afterward when tithes came to be assigned to the Levites God doth not say The children of Israel shall give their tithes to the Levites but he saith Behold I have given them to the Levites And continuing this his claime unto them Vum 18.21 14 26. against those that many hundred yeares after disseised him of them he complaineth Malachy 3.8 That they that withheld their tythes from the Levites spoiled him himselfe But having handled this argument more largely in a greater worke I will here close it up with opposing against these kindes of Adversaries not onely the reverend authority of those ancient and most honourable Pillars of the Church SS a Ambros in Serm. quadra●es Ambrose b August in Serm. de temp ● 29. alias Augustine c Hieron in Ma●● 3. Hierome and d Chrysost in ●pist ad Heb. Hom. 12. ●om 35. in ●●n Chrysostome who though they runne violently with Saint Paul against such ceremonies as they conceived to be Leviticall yet when they come to speake of Tithes admit maintaine and command the use thereof But also the resolution of many ancient e Roman Con●●l 4. Aureli●n 1. Tarracon ●ub Horm Me●iomatricis ●oletan Agrip●in cap 6. His●alens Montis ●o●clus 2. Va●entinum sub Leone 4. Rothomag cap. 3. Cauallon cap. 18. M●g●●●● cap. 20. Counsels and a multitude of other f Origen Tertullian Cyprian Gregory c. Fathers and Doctors of the Church in their severall ages all of them concurring in opinion that Tithes belong justly unto GOD and many of them commanding all men even upon perill of their soules not to withhold them which Argument † See this Sermon in the end of 〈…〉 S. Augustin himselfe pathetically maintaineth in a particular Sermon of his to this purpose And though it be a great question among the learned whether they bee due in quot a parte iure divino which requireth a larger discourse yet I never read of many that impugned them absolutely * C●●●er Hist lib. 2. c. 11. Lieutardus who lived about 1000 yeares after Christ taught the payment of them to bee superfluous and idle and then growing desperate drowned himselfe as it were to give us a badge of this Doctrine 4. Touching x Oblations and offering oblations and offerings The Fathers under g Viban Epist circi●er Ann. 〈…〉 this name accounted all things that were given or dedicated to the service of God And in the first ages of Christian religion after the great persecutions the Church by this meanes began so to abound in riches that the good Emperours a Constantine and Valentinsan made lavves that rich men which vvere able to support the charges of the Common-vvealth should not be admitted into religious houses because their possessions and goods vvere thereby amortized themselves were constrained to make lawes not unlike our statutes of Mortemaine to restraine the excesse thereof for feare of impoverishing their temporall estate In those dayes many Churches had Treasuries for keeping these oblations as the Storehouses at Hierusalem appointed by b 2 Chron. 31.11 Hezechias for the Temple but the succeeding Ages contracted them into Chests and in these later times the Parsons pocket may well enough containe them I shall not need therefore to spend many words in a small matter for all the Oblations now in use are in effect the two-peny Easter Offerings and a few other such like which because the owners of Appropriate Parsonages shall not ignorantly convert unto their owne benefit I will shew them why they were paied and why they have them Saint Paul ordained in the churches of Galatia and Corinth that every one upon the Lords day should yeild somewhat to God for the Saints 1. Cor. 16.2 But this being once a weeke came too thicke and too often about Therefore in c Tertullian in Apologetico Tertullians time the use was to doe it monethly and at last at pleasure But it was ever the ancient use of the Primitive Church as appeareth by d Justinus in Apol. 21 HIst Eccles Justin and Cyprian that all that come to the holy Communion did according to their abilities offer something of their substance to God for charitable uses and maintenance of the Ministers Therefore e Sermone 1. de Eleemosynis Cyprian sharply taxeth a rich Matron that received the Communion and offered nothing Locuples dives dominicum celebrare te credis quae f He calleth the treasury Corban of that at the Temple of Hierusalem Corban omnino non respicis c. What saith he art thou able and rich and dost thou thinke that thou celebratest the Lords Supper which bringest nothing to the Treasurie So Irenaeus saith g Novi Testaments novam docuit scil Christus oblationem quam Ecclesia ab Apostolis accipiens in universo mundo offert Deo ei qus aelimenta nobis praestat primitiaes suorum munerum in no vo teslamento That it was the use of the Church through the world in his time and received from the Apostles to offer something of the blessings that they lived by as the first fruits thereof to him that gave these things unto them Which h Vide Zanchium lib. 1. de cultu Dei externe Zanchius understandeth to be meant of offerings at the Communion given to holy uses and for reliefe of the poore of the Church commending it for an excellent custome and complaining that it is now discontinued But to this end and in imitation hereof are our Easter and Communion offerings as also those at and for Christnings Burials c. which I will not now speake further of at this day made and therefore let Proprietaries consider with what conscience they can swallow and digest them .5 Touching the land glebe Of Glebe Land and houses belonging to Parsonages and houses belonging to Parsonages which I would have called Gods fixt inheritance but that I see it is moveable I cannot say that they are Gods ancient demaines in the same forme that tithes are and as our Clergy enjoyeth them but the warrant and ground thereof riseth out of the word of God who not onely gave us a president thereof when he appointed Cities for the Levites to dwell in with a convenient circuit of fields for the maintenance of their Cattle Num. 35.2 c. but commanded also the Children of Israel and in them all the Nations of the world that in division of their land they should offer an oblation to the Lord an holy portion of the Land for the Priest to dwell on and to build the house of GOD upon Ezek. 45.1 4. So that the houses and lands that our Ancesters have dedicated to God in this manner for the Churches and Ministers of this time are now also his right and just inheritance as well as those which the Israelites assigned for the
unto God by the rule of his word yet are they now His. and seperate from us by the voluntary gift and dedication of our ancient Kings and Predecessours as was the u Nehe. 10.32 tribute of a third part of a shekel which Nehemiah and the Jewes out of their free bounty covenanted yearely to give unto God for the service of his house For as Saint Peter x Acts 5.4 saith to Ananias Whilest these things remained they appertained unto us and were in our owne power but now when we have not onely vowed them but delivered them over into the hands and possession of Almighty God and that not for superstitious and idle orders but meerely for the maintenance of his publike divine worship and the Ministers thereof they are not now arbitrable nor to be revoked by us to the detriment of the Church 6. Churches and their livings dedicate to God Churches being erected and endowed they and their livings were as I say dedicated unto God First by the solemne vow and oblation of the Founders then by the solemne act of the Bishop who to seperate these things from secular and prophane imployments not onely ratified the vow and oblation of the Patron or Founders but consecrated also the Church it selfe using therein great devotion many blessings prayers workes of charity and some Ceremony for sanctifying the same to divine uses Therefore also have the ancient a See the 6. Syn. Rom. of 103 Bishops above 1000 yeares since wholly against violaters of Churches and Church-rights And see many to this purpose Burchar lib. 11. Councels added many fearefull curses against all such as should either violate it or the Rights thereof This consecration Master b Demonst problem tit Templum sect 3. Perkins calleth a Dedication but confesseth it to have been in use in this manner about the yeare of Christ 300. which is within the time of the Primitive Church onely he admitteth not that it was then performed with Ceremony and the signe of the Crosse which here I will not stand upon nor to shew the greater antiquity thereof though I thinke it may well be proved For * In Epist ad Constant Imp. Athanasius being in those daies accused by the Arians of ministring the Communion in a Church not consecrated excused himselfe to have done it upon necessity And c Histor suae lib. 1. c. 30. Sozom. lib. 3. c. 25. Niceph l. 8. cap 50. Hist Triper l. 3. fol. 331. Theodoret reporteth that Constantine then likewise commanded all those that were at the Councell of Tyrus should come to * Hie asalem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 consecrare Aelia and that others should be assembled from all parts for * Euseb in orat de laudib Constant Consecration of the Churches builded by him Which sheweth it to be so notorious and generall an use at that time and to have such universall approbation as it could not but have a root also from elder ages though there cannot be many presidents found thereof for that the Christians being then in persecution might hardly build or dedicate any Churches but were constrained to use private houses and solitary places for their assemblies Yet even those houses had as it seemeth some consecration for they were most commonly called * Ibidem aedes sacrae Holy houses and have left that name to this day amongst us for our Churches as a testimony of their sanctification whereof I shall speake more anon * Ibidem Eusebius also saith that insomuch as the Holy houses and Temples of that time were thus Dedicated and Consecrated unto God the universall Lord of all therefore they received his name and were called in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latin Dominica the Lords houses Which name saith he was not imposed upon them by man but by himselfe onely that is Lord of all Of this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cometh the Saxon word Cyric or Kyrk and by adding a double aspiration to it our usuall word Chyrch or Church as it were to put us ever in mind whose these Houses are namely Gen. 22.22 the Lords houses like that which JACOB dedicating unto GOD called Bethel that is the house of God But both Church and Church-livings were thus solemnely delivered into Gods possession and therefore all ages Councels and Fathers that ever I yet have met with account them holy and inviolable things Chrys hom 18. in Act. Concil Mogunt cap. 7. And hereupon they are termed Patrimonium Christi Dos Ecclesiae Dos sponsae Christi and Sacrata possessio or Praedium sanctum For Everything that a man doth seperate unto the Lord from the common use whether it be man or beast or Land of his Inheritance it is Holy to the Lord Levit. 27.28 And in what sort I understand the word Holy I have before declared 7. Holy rights and Temples how respected by Heathens As then the Law of Nature primarily taught all Nations in the world to give these things unto God so the very same Law also taught them that it was sacriledge and impiety to pull them backe againe yea the very heathen counted the things thus severed unto their gods to be Sancta inviolanda And Saint Augustine expoundeth Sanctum illud esse quod violare nefas est It is execrable wickednesse Gen. 47.22 to violate that that is holy Pharach would not abridge the Priests of their diet or land no not in the great famine The very Barbarous Nations of the world even by the instinct of nature abhorred this impiety Biblioth hist lib. 5. Diodorus Siculus noteth of the Gaules that though they were a people above all others most covetous of gold yet having abundance thereof scattered in all parts of their Temples to the honour of their gods none was found so wicked amongst them as to meddle with any of it I could alleadge a multitude of Heathen stories to this purpose But I will not weave the woollen yearne of the Gentiles into the fine linnen garments of the Christians I meane I will not mingle profane arguments in a discourse of Christian piety For the sheepe that are of the fold of Christ are tied onely to heare his voice John 10.3 and to follow that which if they doe not they are thereby knowne to be Goats and not of his fold 8. How fearefull a thing it is to violate the Church The cause why I touched upon this one heathen Example is to aggravate the manifold sinnes of us Christians in this point For if they that knew not God were so zealous of the glory of their Idols how much more is it to our condemnation if we that know him doe lesse regard him If it goe hard with Tyrus and Sydon in the day of judgement that sinned ignorantly how much harder will it be with Corasin and Bethsaida that sinne presumptuously Especially with Capernaum that despiseth her Lord God and Master Jesus Christ
wine Thou doest not this for God ha mercy that by and by shalt receive it againe with manifold increase Perhaps thou wilt aske who shall have profit by that which God receiveth to give presently backe againe And also thou wilt aske who shall have profit by that which is given to the poore If thou beleevest thy selfe shall have profit by it but if thou doubtest then thou hast lost it Tithes deare Brethren are a tribute due unto the needy soules Give therefore this tribute unto the poore offer this sacrifice unto the Priests If thou hast no Tithes of earthly fruits yet whatsoever the Husbandman hath whatsoever Art sustaineth thee it is Gods and he requires Tithe out of whatsoever thou livest by whether it be Warfare or Traffique or any other Trade give him the tithe Some things we must pay for the ground we live on and something for the use of our life it selfe Yeild it therefore unto him O man in regard of that which thou possessest yeild it I say unto him because he hath given thee thy birth Exod. 30.12 for thus saith the Lord Every man shall give the redemption of his soule and there shall not be amongst them any diseases or mishaps Behold thou hast in the holy Scriptures the cautions of the Lord upon which he hath promised thee that if thou give him thy Tithe thou shalt not onely receive aboundance of fruits but health also of body Thy barnes saith he shall be filled with wheate Prov. 3.10 and thy presses shall abound with wine and there shall be in them neither diseases nor mishaps Seeing then by payment of Tithes thou mayest gaine to thy selfe both earthly and heavenly rewards why doest thou defraud thy selfe of both these blessings together 16. Quae. 1. ca. decimae Heare therefore O thou zeale lesse mortality Thou knowest that all things that thou usest 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 urgeth 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 and canst thou deny them O covetous wretch What wouldst thou doe if he tooke all the nine parts to himselfe and left thee the tenth onely And this in truth he doth when by with-holding his blessing of raine the drought maketh thy thirsty Harvest 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 covetously didst reckon upon The nine parts are taken from thee because thou wouldst not give him the Tenth That remaines onely that thou refusest to give though the Lord required it For this is a most just course that the Lord holdeth If thou wilt not give him the tenth he will turne thee to the tenth 16. Quae. 1. ca. decimae For it is written saith the Lord Insomuch as the Tithe of your ground the first fruits of your Land are with you I have seene it but you thought to deceive me havocke and spoile shall be in your Treasurie and in your houses Thus thou shalt give that to the unmercifull Souldier which thou wouldest not give to the Priest The Lord almighty also saith Turne unto me Mal. 3.10 that I may open unto you the windowes of Heaven and that I may poure downe my blessing upon you and I will not destroy 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 allwaies ready to give his blessings But the perversenesse of man alwaies hindreth him For he would have God give him all things and he will offer unto God nothing of that whereof himselfe seemeth to be the owner * This place is cited as out of Aug. Cons Triburiēs ca 13. An 895. and before that in concil Mogunt pri c. 8. An. 874. What if God should say The man that I made is mine the ground that thou tillest is mine the seed that thou so west is mine the cattle that thou weariest in thy worke are mine the showers the raine and the gentle winds are mine the heate of the Sunne is mine and since all the Elements whereby thou livest are mine thou that lendest onely thy hand deservest onely the tithe or tenth part Yet because Almighty God doth mercifully feede us he bestoweth upon the labourer a most liberall reward for his paines and reserving onely the Tenth part unto himselfe hath forgiven us all the rest Ingratefull and perfidious deceiver I speake to thee in the word of the Lord. Behold the yeare is now ended give unto the Lord that giveth the raine his reward Redeeme thy selfe O Man whilest thou livest Redeeme thou thy selfe whilst thou maiest Redeeme thy selfe I say whilest thou hast wherewith in thy hands Redeeme thy selfe lest if greedy death prevent thee thou then lose both life and reward together Thou hast no reason to commit this matter over to thy wife who happily will have another husband Neither hast thou O woman any reason to leave this to thy husband for his mind is on another wife It is in vaine to tie thy Parents or thy kinsfolke to have 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 covetousnesse from thy shoulders despise that cruell Lady who pressing thee downe with her intolerable yoake suffereth thee not to receive the yoake of Christ For as the yoake of covetousnesse presseth men downe unto hell so the yoake of Christ raiseth men up unto heaven For tithes are required as a debt 16. Quae 1. ca. decimae and he that will not give them invadeth another mans goods And let him looke to it for how many men soever die for hunger in the place where he liveth not paying his Tithes of the murthering of so many men shall he appeare guilty before the triounall seate of the eternall Judge because he kept that backe to his owne use that was committed to him by the Lord for the Poore He therefore that either desireth to gaine a reward or to * Promereri obtaine a remission of his sinnes let him pay his tithe and be carefull to give almes to the poore out of the other nine parts but so notwithstanding that whatsoever remaineth over and above moderate diet and convenient apparell be not bestowed in riot and carnall pleasure but layed up in the treasurie of Heaven by way of Almes to the poore For whatsoever God hath given unto us more then we have need of he hath not given it unto us particularly but hath committed it over unto us to be distributed unto others which if we dispose not
Caronists and Civilians expound them Concil Aurel. cap. 7. Burcha lib. 3. cap. 129. 143. Et Lex Jarid in verb. oblatio Oblations of the people c Levit. 27.28 seperate or dedicate to God in any Congregation for the d Touching divine vvorship and works of charity service of his Church there and for the maintenance of the Governour or Minister thereof to whose charge the same is committed By this definition it appeares that the ordinary living or revenew of a Parsonage is of 3 sorts the one in Land commonly called the Glebe another in Tithe which is a set and regular part of our goods rendered to God The third in other offerings and oblations bestowed upon God and his Church by the people either in such arbitrable proportion as their owne devotion moveth them or as the lawes or customes of particular places doe require them 2. Tithes how due Though I invert order a little I will first speake of Tithes because it is Gods ancient demaine and the nobler part of this his inheritance founded primarily upon the Law of nature as the other be also after their manner For the Law of Nature teacheth us that God is to be honoured and that the honour due unto him cannot be performed without Ministers nor the Ministers attend their function without maintenance And therefore seeing God is the supreme Lord and possessor of all Gen. 14.19 and giveth all things unto us that we are maintained with it is our duty both in point of Justice and Gratuity to render something backe againe unto him as acknowledging this his supremacy and bounty as honouring him for his goodnesse as a testimony of the worship love and service we owe him and lastly as a meanes whereby these duties and services may be performed to him This I say the very Law of Nature teacheth us to doe and this the Law of GOD requireth also at our hands but what the set portion of our goods should be that thus we ought to render backe unto God I cannot say the Law of a Yet there be divers naturall reasons that commend this number for this purpose above other Nature hath determined that But the wisedome of all the Nations of the World the practice of all Ages the example of the Patriarches b Gen. 14.20 ABRAHAM and c Gen. 28.22 JACOB the d Lev. 27.30 and 32. Deut. 12.6 11. Malachy 3.10 approbation and commandement of Almighty GOD himselfe and the constant e Declared by the Fathers and Counsels resolution of his CHVRCH universally hath taught and prescribed us to render unto him the Tenth part and that this Tenth part or Tithe being thus assigned unto him leaveth now to be of the nature of the other nine parts which are given us for our worldly necessities and becometh as a thing dedicate and appropriate unto God For it is said Levit. 27.30 All the tythe of the land both of the seed of the greund and of the fruit of the trees is the Lords yea more then so It is holy unto the Lord. And againe v. 32. Every Tithe of Bullocke and Sheepe and of all that goeth under the rodde the tenth shall be holy unto the Lord. He saith holy unto the Lord not that they were like the sanctified things of the Temple which none might touch but the Anointed Priests but Holy and seperate from the use and injury of secular persons and to be disposed onely to and for the peculiar-service and peculiar Servants of GOD. And therefore in the 28. verse it is said to be seperate from the common use because it is seperate and set apart unto the Lord. 3. But some happily will say that this use of Tithing rises out of the Leviticall Law and so ended with it Tithes originally not Leviticall I answer that it was received and practised by Abraham and a Jacob vovvet to give tithes Gen. 28.22 And Joseph shevveth he per formeth his vovv Antiquit. lib. 1. cap. 27. Jacob divers hundred yeares before it came to the Levites For it is said that Abraham gave tithe to Melchisedeck Gen. 14.20 And that Levi himselfe paid tithe also in the loines of Abraham Heb. 7.9 Melchisedeck was the image of CHRIST and his Church Abraham of the congregation of the Faithfull Therefore though Levi received tithes afterward by a particular grant from GOD for the time yet now he paid them generally with the congregation in the loines of Abraham unto the Priesthood of Christ here personated by Melchisedeck which being perpetuall and an image of this of the Gospell may well note unto us that this duty of Tythe ought also to be perpetuall And therefore b Hem 35. in Gen. Chrysostome saith that Abraham herein was OVR tutor not the tutor of the Jewes And insomuch as Abraham paid it not to a Priest that offered a Leviticall Sacrifice of Bullocks and Goates but to him that gave the Elements of the Sacrament of the Gospell c The Scripture onely mentioneth Bread and wine to be given by Melchi sedeck to Abraham But Josephus shevveth that he gave him also divers other rich gifts Antr●●● lib. 1. cap 18. bread and wine it may also well intimate unto us to what kinde of Priest we are to pay our tithes namely to him that ministreth unto us the Sacrament of bread and wine which are onely those of the Gospell and not the Leviticall Priests So that our tythe paid in this kind cannot be said Leviticall as also for that the Leviticall tythes were onely of things d Lev. 37.30 31. renewing and increasing whereas Abraham and Jacob paid them of all as if they had followed the commandement of the Apostle Let him that is taught in the Word make him that hath taught him partaker of e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ALL his goods Gal. 6.6 God also requireth this duty of tythe by his owne mouth as of old belonging unto him before the Levites were called to the service of the Tabernacle and before they were named in Scripture For they are not named till Exodus 38.21 And it is said in Exodus 22.29 Thine abundance of thy liquor shalt thou not keepe backe meaning Tithes and first fruits and therefore Hierome doubteth not so to translate it Thy Tithes and first Fruits shalt thou not keepe backe And in this manner of speech the word Keepe backe sheweth that it was a thing formerly due unto GOD for we cannot say that any thing is kept backe or with holden that was not due before Therefore we finde no originall commandement of giving tithe unto GOD but upon the first mentioning of them in Leviticus they are positively declared to be His as a part of His Crowne and ancient demaine for it is there said Cap. 27.30 All the tithe of the Land is the Lords And Moses commandeth not the people a new thing but declareth the Right that of old belonged to GOD namely that All