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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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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
whether thou having the appropriation and Tithes but as the Abbot had them and receiving the profit as the Abbot did art not as the Abbot tyed in Law and Conscience or one of them to performe the duties for that he was appeares by the opinion of all Judges 18. Eliz Plow fol. 496. where it is said by the Judges that none is capable of an appropriation for so the Law calls them but onely bodies politicke not naturall and the reason is because he that hath the appropriation is to be perpetuall incumbent which a naturall body that must dy could not be And that body politicke to have the rectory the glebe and tithes must be Spirituall not Lay. For in that he is made Parson saith the booke he hath the cure of the soules of the parishioners and therefore must be Spirituall for by the same reason that a patron cannot present a Lay-man to his Church by the same reason a Lay-man cannot be an Appropriator For they are both Parsons of the Church the presented Parson for life the Appropriator for ever And therefore Plowden saith that the Appropriator be he Abbot or Prior c. is as fully incumbent Parson as if he had beene presented instituted and inducted and as Parson shall have his Actions and that he that is duely made Parson is thereby made possessor of the Parsonage for the spirituall Office plow fo 500. attracts the possessions of the things belonging to the Office and in that he is Parson he receives the Tithes not as granted to him but as things annexed to the Office of a Parson And Tithes are frequently in our Common Law termed spirituall things because annext to the spirituall Office By these Bookes and resolutions of the Judges it is cleare that the appropriatour was the incumbent Parson and had the cure of the soules of the Parishioners Fol. 33 35. and that upon the presentation of the appropriatour or upon the dissolution of the Abbey the Church became voide and presentative as other Churches upon resignation or death of the incumbent For appropriations as thou now seest were but Parsonages with cures of soules annext and appropriated to a particular Abbey or Religious house For when their Fraternities became numerous their annuall charge greater then their yearely revenue providence to provide for their family made them thinke how to increase their income And themselves being patrons of many rich parsonages obtained severally as occasion served licence from the King and consent from the ordinary to annex or appropriate that parsonage to their Abbot and his successours for ever whereby they became perpetuall incumbent parson and anciently did duely officiate the Cure by one of their Fraternity untill the Statute of Rich. 2. prohibited the appropriating any Church 15. Ric. 2. ca. 6. unlesse a Vicar be conveniently indowed by the discretion of the Ordinary to doe divine service and keepe hospitality 4 H. 4. ca. 12. and the Statute of 4 Hen. 4. ordained that no Religious as Monkes and Fryers were should be made Vicars to any Church appropriated but Seculars as our Ministers now be canonically instituted and inducted Upon these Statutes it will concerne the owners of Churches appropriated since 15 Rich. 2. to see that out of the profits of the Church a convenient summe of money be yearly paid to the poore parishioners 15 Ric. 2. ca 6.4 H. 4. ca 12. and a Vicar indowed as the Statute of the 15. of R. 2. appoints or else the Stat. 4 H. 4. avoids the appropriation and then the Church becomes againe presentative But some will object that impropriate Churches with their oblations and Tythes the fat of impropriations are made Lay and Temporall and as Lay and Temporall things disposable at the will of the owner a doctrine which so nearly concernes the estates and lively-hood of so many men in this kingdome as I shall not averre the contrary least some Demetrius with his fellowes tumuit about it yet give me leave to offer thee some opposite considerations but leave them and their result to thy judgement and conscience Consider first that while God saith that ye have robbed me of my Tithes and offerings God claimes the title and interest of them to be in him not in the Preist nor in the Levite they being but the usu-fructuarii God the owner Remember too 27. H. 8. ca 20. 32 H. 8. cap 7. that our Statutes have declared Tithes to be due to God and holy Church and thy with-drawing thy Tythes a neglecting thy duty to Allmighty God and then consider that if the Tithes be Gods it matters not whether his title be by Divine right as our a Dier 28. H. 8. so 43. tithes are due by the Law of God ex debito Co. 2. Wiochest case so 45. b. tithes are due by Divine Right Law and Lawyers not to presse that with the resolution of Councells and opinions of Canonists Fathers and Divines quoted by the Author have taken them to be or by humane Constitution for what Statute what Law can conclude God or bind his right Then weigh how the King from whom thou claimest had the Tithes thou hast and to what intent he had them The Statute of 27. H. 8. gives the King the smaller Abbyes and houses of Religion with their Appropriations and Tithes To the greater H. 8. makes his title by grant and surrender of the Abbots Priors which between the 27 and 31. H. 8. had been laboured by Cromwell with some he prevailed by intreaty and good Annuities with others by the Kings Power Sword for the Abbots of b R. Whiting Glassenbury c Hugh Farring●on Reading and d Iohn Bech Goodw. 167. Colchester whose innocency had made them regardlesse of Threats and their piety abhorre rewards to betray their Churches were therefore saith Goodwin tenderd the e There was no Oath of Supremacy untill 1. Eliz. but these that denyed H. 8. to be supream Head of the Church were indicted upon the Statute 26. H. 8 c 12. since repealed for that they malitiose optantes desiderantes volentes deprivare Domin Regem de dignitate titulo nominee status s●● regal Said that the King was not Supreame Head of the Church And upon this were Fisher Bishop of Rochester Sir Thomas More Exmew and divers others indicted convicted and executed by vertue of a Commission of Oyer and Terminer directed to Audley Lord Chancellour the Duke of Suffolke and other Lords and all the Judges as appeares by the Reports under the hand of Sir Iohn Spelman who was then a Judge of the Kings bench Oath of Supremacy which they refusing are as enemies to the State condemned and hanged others terrified by their examples leaves all to the dispose of the King who not resting on that title procures the Statute of 31. H. 8. c. 13. which reciting how truly doe thou judge the Grants Surrenders c. to have been made freely
professeth confidently by many witnesses that he hath changed in nothing I alleage all this but to shew that by what variety of words soever the translators expresse the originall Hebrew yet they all concurre with this as the Fountaine and standard that primâ intentione it aimeth at the holy things though in secunda it be carried unto temporall Our selves also in our owne English translation understand the houses of God for places dedicated to the service of God And therefore in the 9. verse of the 74. Psalme where our Church Psalter saith burnt up all the houses of God in the Land the Geneva and the Kings Edition report it burnt up all the Synagogues of God in the Land So likewise in the 1 verse of the 84. Psal The dwellings of God are expresly spoken of his Tabernacles and holy habitations not of his Temporall Yet do I not deny but as I say Secundâ intentione the words Sanctuarium or Houses of God in the 83. Psalme are truely carried to all Judaea and the people of God howbeit Hierome noteth expresly no such matter upon it neither could Augustine find it in the literall or historicall sence of the text and therefore he deduceth it to the people of God by way of Tropology using the metaphor of Saint Paul 1. Cor. 3. Sanctuarium saith he Templum dei sanctum est quod estis vos And Lyra accordingly Sanctuarium id est saith he Hierusalem in quae erat Templum Dei per consequens terram Judaeae cujus metropolis erat Hierusalem Arnobius likewise of the Ancients taketh it first for the Temple and the holy vessell then extensively for the people Land of Israell As for Cyprian Origen Tertullian Ambrose Chrysostome Gregory they meddle not with it that I can finde nor Hierome otherwise then as I have mentioned But admit that at this day most do expound it for the Temporalities of the Jewes as well as for their Leviticall and Sanctified things What doth this contradict my application of this Psalme against Spoilers of Churches or wherein is my erreur I affirme the Genus of one of the membra dividentia and they upon both I upon one not exclusive and they upon both copulative Do not they then themselves affirme my assertion Let Schoolemen be Judges Yea do they not justifie and enforce it For if God loveth the gates of Sion more then all the dwellings of Jacob Psal 87.2 that is the outward and petty things of his Church more then all the stately temporalties of his Lay people yea if he loveth Jacob but for Sion that is the People but for the Church then Ex necessario consequente when the Prophet denounceth such heavy things against them that menaced Gods Lay people and their possessions how much the rather doth he it against such as with great fury and impiety afflict his more peculiar and chosen servants his Clergy his Levites his first borne Against those I say that forbeare not to violate the things more deare unto him His Temple his Oracle his holy mysteries that is things belonging to his honour and divine service things means ordained to the propagation of his blessed word For this is the consequence of destroying our Churches this killeth the bird in the shell to a person offending in this nature wrote I my Book By like reason it may also be said that this Psalme was framed against Heathens and Infidells which in open hostility assailed the Church and people of God with fire and sword not against such as be our owne brethren and of the family of the Church though in some sort they do injury unto it I answere that the Ammonites and Moabites were also of the kindred of Israel yea the Edomites and Ismaelites of the linage of Abraham as well as the Israelites themselves yet when they joined with them that sought the destruction of the Church the curses of the Prophet went as freely and as fiercely against them as the rest So if our Church be spoiled by her brethren her children or kindred the sentence is all one against them as against Heathens and Infidells yea and that also more justly and deservedly by the judgement of the Prophet who accounteth the treachery of a familiar freind much more intolerable then the violence of an open Enemy Psal 55.12 But say I have erred which indeed is too common with me though it be humanum and doth the more easily befall me having saluted the Shoole of Divinity onely a longè and a limine I am therefore ready with Augustine to put it amongst my retractations if there be cause why yet as he said of Romulus Sed tamen errorem quo tueatur habet For I am not the Author of this exposition neither is it my owne weapon but borrowed and put into my hand by others of elder time I confesse that as they which go to battell whet their swords and bend their bowes so I sharpened both the edge and the point of it to my purpose For all spirits are not cast out by ordinary power nor all humours perswaded by ordinary reason Knowing therefore what was necessary in particular for the party to whom I wrote I applyed my selfe my pen to that particular necessity yet not with Zidkiah to seduce him by untruths 1 R. 22.17 but as a faithfull Michaiah to leave nothing untold that belonged to his danger See then what I have to defend my selfe withall both of Ancient and later Fathers and Doctors of the Church the first application as I take it that ever was made of this Psame was only to the purpose I alledge it by Lucius a devout Bishop of Rome in the bloody age of the Primitive Church about 225. yeares after Christ of whom to let passe Cyprian Bale a man of our owne Epist l. 3. Epist 1. giveth this testimony That he was a faithfull servant in the Lords house and enriched his Church with healthfull doctrine and afterward being purified in the Lambes blood he peirsed the heavenly Paradise being put to death at Valentinian's commandement Anno 255. This Lucius as I noted in the margent of my Booke pag. 39. in an Epistle of his to the Bishops of Gallia and Spaine See bere p. 60. having determined many things touching the Church and somewhat also against spoilers and defrauders thereof concluding them by the example of Judas to be theeves and sacrilegious persons he proceedeth with them in this manner De talibus id est saith he qui facultates Ecclesiae rapiunt fraudant auferunt Dominus comminans omnibus per prophetam loquitur dicens Deus ne taceas tibi ne sileas c. Reciteing the whole 83 Psalme every word as you may see Tom. 1. Concil of Binius edition pa. 180. col 2. I tooke this reverend Father and great Doctor of the Church living in the purity of religion in the times of persecution and so neare the ages of the Apostles to be a faithful