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power_n	end_n	spiritual_a	temporal_a	6,697	5	9.5296	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61095	Tithes too hot to be touched certain treatises, wherein is shewen that tithes are due, by the law of nature, scripture, nations, therefore neither Jewish, Popish, or inconvenient / written by Sr. Henry Spelman ... ; with an alphabeticall table.	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.	1640 (1640)	Wing S4931; ESTC R19648	146,054	238

them lay or temporall Livings no the words of the Statute are That the King shall have them in as large and ample manner as the Governors of those houses had them c. So that though the Statute changed the owner of the thing yet it changed not the nature of the thing The Monasticall persons had them before as spirituall Livings and now the King must have them in as large manner but still as spirituall Livings and with much more reason might the King so have them then any other temporall men for as the Kingdome and Priesthood were united in the person of our Saviour Christ so the person of a King is not excluded from the function of a Priest though as Christ being a Priest medled not with the kingdome so they as Kings medle not with the Priesthood Yet by the Laws of the Land the King is composed as well of a spirituall body politique as of a temporall and by this his spirituall body he is said to be supream Ordinary that is chief Bishop over all the Bishops in England and in that his Ecclesiasticall or Spirituall authority doth many things which otherwise in his temporall he could not doe and therefore the Statute of 25 H. 8. cap. doth agnise the words In this part of his power W made Appropriations of Parsonages which otherwise he could not doe Coke p. 5. f. 10 authoritate nostra regia Suprema Ecclesiastica qua fungimur which the King useth in divers Charters touching spirituall causes doe testifie that he taketh upon him the execution thereof and therefore in this respect he may much better hold them then his lay subjects Neither is this authority of the King founded upon the Statute of H. 8. or any other puisne institution but deduced anciently from the very Saxon Kings as appeareth by many of their Laws and Charters wherein as supream Ordinary they dispose of the rights and jurisdiction of the Church delivering unto religious persons greater or lesser portion thereof according to their own pleasure and abridging and exempting other from the authority of the Bishops and Archbishops or any other Ecclesiasticall Prelate And in this respect it seemeth that the Chappell of the Kings house was in ancient time under no other Ordinary then the King himself for William the Conquerour granting all exemption to Battail Abbey granteth that it shall be as free from the command of any Bishops as his own Chappell Dominica Capella which as it thereby seemeth was under no other Bishop then the King himself But the Bishops agreed to the granting away of these Church Livings Object It is true that the Law accounteth the judgement of the major part to be the judgement of all but the Bishops cannot be said to have agreed unto it as being willing with it but as concluded by legall necessity and inference For though all the Bishops said nay yet the Lay Barons by reason of their number exceeding the Bishops were not able to hinder it and no man doubteth that in publique suffrages very many times major pars vincit meliorem therefore I neither accuse nor condemn the reverend Bishops herein for their voices though they had given them every one against the Bill were not able to hinder it Neither doe I think but that they being men of another profession unexercised in the elenchs of the Law were overtaken in the frame of words and thereby passed that away in a cloud which if they had perceived could never have been won from them with iron hooks But in this matter there being a question of Religion Whether Tithes be due jure divino or whether they could be separated from the Church it was not properly a question decidable by the Parliament being composed wholly of Lay persons except some twenty Bishops but the question should first have been moved amongst the Bishops by themselves and the Clergy in the Convocation house and then being there agreed of according to the Word of God brought into the Parliament For as the Temporall Lords exclude the Bishops when it commeth to the decision of a matter of bloud life and member so by the like reason the Bishops ought to exclude the Temporall Lords when it commeth to the decision of a question in Theology for God hath committed the Tabernacle to Levi as well as the kingdome to Juda and though Juda have power over Levi as touching the outward government even of the Temple it self yet Juda medled not with the Oracle the holy Ministery but received the will of God from the mouth of the Priest Therefore when Valentinian the Emperour required Ambrose to come and dispute a point of Arianisme at his Court he besought the Emperour that he might doe it in the Consistory amongst the Bishops and that the Emperour would bee pleased not to be present among them lest his presence should captivate their judgements or intangle their liberty § 1 That after the Appropriation the Parsonage still continueth spirituall It appeareth by that which is afore shewed and the circumstances thereof that the Appropriating of a Parsonage or the endowing of a Vicarage out of it doe not cut the Parsonage from the Church or make it temporall but leaveth it still spirituall as well in the eye of the Common Law as of the Canon Law for if it became temporall by the Appropriation then were it within the Statute of Mortmain and forfaited by that very Act. But it is agreed by the 21 Ed. 3. f. 5. and in Plowd Com. fo 499. that it is not Mortmain and therefore doth continue spirituall for which cause also the Ordinary and Ecclesiasticall Officers must have still the same authority over such appropriate Churches as they had before those Churches were appropriate Therefore in the year 1252. Robert Bishop of Lincoln by commission from Innocent 4. not onely enlarged the endowments that before were made to divers Vicarages as he thought good but endowed others out of those Appropriations that had no Vicarages endowed to the great discontentment of all the Approprietaries of that time as appeareth by Matth. Paris And therefore also the Statute of 15 R. 2. cap. 6. and that of 4 H. 4. cap. 12. that ordained that in Licences of Appropriation in the Chancery it should be contained That the Bishop of the Diocesse in every Church so appropriated should provide by his discretion that the Vicar were convenably endowed Divine service performed and a convenient portion of the fruits thereof yearly distributed to the poor of the Parish did but agnise and affirm the spirituall end whereto these Parsonages were appointed and the authority the Church had still over them notwithstanding such Appropriation commanding the Bishops to see it executed Neither doe I yet finde where this power is taken from the Bishops for the Statute that giveth these appropriate Churches to the King saith not that the King shall have them as temporall lands or discharged of the Bishops jurisdiction but that he shall

His command to his disciples Not to take ought with them bindeth not Ministers now Sp. 44. His miracle of the loaves how to be imitated by his Ministers Sp. 55 56. His living upon almes tieth not Ministers to the same course Sp. 55 Church its etymology and signification Ap. 11 12. See 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 There were Churches and Priests and Tithes before the Law Sp. 10. Church-maintenance in the Primitive times what and how imployed Sp. 16-24 No expresse command for the building of Churches Sp. 110. Of the holinesse of Churches Sp. 82. Churches and Ministers necessary Ap. 15. Whether the Church may possess lands and temporalties Sp. 24. c. Of the maintenance of the Church of Jerusalem Sp. 13. Alexandria Sp. 14 Rome Sp. 14. Africa Sp. 15. The Church of England a while ago the most flourishing in Christendome St. 20. Churches in England how many appropriate how many not Ap. 16. See Clergy The miserable condition of the Greek Church R. 26. Church-government why so long in settling Sp. 46-51 Circumcision and sacrifices intermitted in the wildernesse Sp. 47. Why seeing it was before the Leviticall law did it expire with it Sp. 147 Clergies immunities how large once how now infringed St. 13. English Clergy taxed with luxurie Ap. 16 17. How much the present Parliament hath already done in favour of the Clergie R. 1 That it is very probable it will continue their antient maintenance by Tithes R. 2 c. Clodoveus King of France Sp. 178 Committee-men deciphered R. 7.12 Communitie of goods among Christians for how long R. 22 Consecration of things and persons why ordained Sp. 180 Constantine the Great his pious munificence St. 6. Sp. 24 Cool of the day Gen. iii. 8. what Sp. 98. 1 Cor. xi 18 20 22. expounded Ap. 10. c. D DAlmaticae vestes in what reverence amongst the ancient Clergy Sp. 176 Why worn by Kings at their Coronations ibid. Deacons distributers of Church goods Sp. 23. Antienter then Bishops Sp. 50. Of women-Deacons Sp. 51 Decimae or decima whence derived Sp. 67 70 Decimus Decumanut Decimare Exdecimare Sp. 75 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whence derived Sp. 67 70 Deodate's Testimonie concerning our Church St. 20 Sir William Dodington St. 22 Drusius put to hard shifts St. 19 E EAster Sp. 50. concerning the grounds and time of its observation Sp. 149 Edgar See Kings Edward the Confessor See Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. xi 12. signifieth a materiall Church Sp. 84. Ap. 1 2. 6-11 Eleven This number signifieth sinne Sp. 73 Enoch's translation an Embleme of the Sabbath Sp. 99 Examples and sayings of wise men a law to posterity Sp. 110 Excommunication exercised by the King of Spain Sp. 181 Exod. xxii 29. Non tardabis expounded Sp. 103. 140 F FAsting practiced and allowed though not commanded Sp. 48. When it was first brought into the Church uncertain Sp. 87. First-fruits or Annates paid to Priests by the law of Nature Sp. 102.108 why then abrogated with the Law of Moses Sp. 144 c. When first imposed on the Clergy St. 12 The Floud a kind of tithing of the world Sp. 99 G GAvelkind what R. 14. Gen. xiv allegorically expounded and applied to the Church under the Gospel Sp. 104 c. Glastenbury-Abbey Sp. 183 Glebeland when letten must pay Tithe Sp. 79 Gods glory the end of all things Introd What duties we ow to him for his bounty Ibid. Ep. 1. He had a portion of Time Place Fruits even in Paradise Sp. 97 Why he requireth the tenth of our goods and but the seventh of our time Sp. 9 See Tenth The best part of every thing is his due Sp. 67 68. and that such a part as implieth the whole Sp. 72. Things offered to him how holy Sp. 82. 168. What may be known of God by the light of Nature Sp. 95. Trismegist's description of God Sp. 70. The Thoes destroyed for their neglect of the gods Sp. 123 Good things though abused by some may lawfully be used by others Sp. 84 c. Ms. Elen Goulston her beneficence to St. John's in Oxford St. 22 Greek Church poore every way R. 26 H Sir Ralph Hare a Benefactor to St. John's in Cambridge St. 21 23 Heathens how liberall to their gods Sp. 114 c. Their examples fit to be proposed to Christians Sp. 116. Their devotion will rise up in judgement against our sacriledge Sp. 117. 127 128 Henry the Eighth's speech concerning Abbey-lands c. Sp. 166. His virtues and acts especially his shaking off the Romish yoke highly commended B. 1 2 Hercules his offering how profuse Sp. 117. 124 Baptist L. Hicks a great friend to the Clergy St. 22 Holinesse of things dedicated to God Sp. 82 Hospitalers A question concerning them and the Templars Sp. 160 Hospitulity being the Ministers duty the people must afford him a certain maintenance Sp. 16 I J JAcobs vow concerning Tithes Sp. 109 Idolatry The rise of it Sp. 43 Jews paid for more to their Priests then Christians St. 9. How forward and chearefull they were in their payments St. 11. They received Priesthood from the Gentiles Sp. 44. 102. The chiefe Judges and Officers among them were Levites Sp. 38 39. Of their Courts of Justice Sp. 40. Their Ceremonies why so long permitted under the Gospel Sp. 48. c. Impropriations See Appropriations John iii. 23. Mystically expounded Sp. 105 Isa lvi 7. expounded Ap. 10 Just It is folly to say a thing is therefore just because the Law of the Land alloweth it Sp. 172 K KIngs Alured the first anointed King of England Sp. 177. His virtues and famous acts ibid. Clodoveus the first King of France that received unction Sp. 178. Kings of Spain neither anointed nor crowned till Jerusalem and Sicil fell to them Sp. 179. The King of England chief King of Christendome ibid. The Papists deny our Kings spirituall power yet was it granted by a Pope Sp. 178 179. The King of Spain hath and exerciseth the power of Excommunication Sp. 181. Kings of England antiently assumed and used Ecclesiasticall authority Sp. 181 c. as appeareth by the examples of Edward the Confessor Sp. 181. Edgar and nine of his predecessors Sp. 182 c. of the Kings of Mercia Sp. 185. Of William the Conqueror Sp. 186. and William Rufus Sp. 188. Kings were wont to seek confirmation of their Lawes from Popes and Councels of their Canons from Kings Sp. 184. Kings have an Ecclesiasticall as well as civill power Sp. 155. Otherwise they could not govern both Church and State Sp. 174. c. As the sword is an embleme of their temporall so are Oil vestis Dalmatica of their spirituall jurisdiction Sp. 175 c. What Kings were wont to bee be anointed Sp. 176. The Kings Chappell antiently under no Ordinary but himself onely Sp. 155. 186 188. Christians ought to be subject to their Kings though Heathen Sp. 174. What was granted to the King by the Statute of Dissolution Sp. 161

more generall includeth also the second and if the very carkasses of the Monastery persons had been worth the having might well enough have fetcht them in also Therefore though after these generall and spacious words there followeth a grant of divers particular things as Sites Circuits Granges Meases Lands Tithes c. yet I take this to be but an enumeration of the things in specie which before are granted in genere for if the generall words have not carried them as the body carrieth the members then it seemeth these particulars doe not carry them for they are granted but as Appurtenances to the said Monasteries and Houses for the words be Sites Circuits Lands Tithes c. appertaining or belonging to every such Monastery words in my understanding onely of explanation and restraint and not trenching to the enlargement of the grant So that upon the matter the Parliament hath granted Tithes and Appropriations to the King if they belonged unto the Monasteries and not otherwise Let us therefore see whether they belong or not § 4 Whether Tithes and Appropriations belonged to the Monasteries or not Abbots Priors and such religious men had two sorts of Tithes one incorporate to their Houses which I call Monasticall Tithes the other depending upon their function as they were Parsons of any Parish which therefore I call Parish Tithes 1. The first of these came unto them as their very lands did by plain point of Charter for before the Lugdune and Lateran Councels every man might bestow his Tithes upon what religious House person he listed and then the founders and benefactors of religious Houses did ordinarily grant all or some portion of their Tithes to those Houses as by a multitude of precedents thereof of appeareth Neol Fossard dedit an 1081. Aldwino Abbati de Ramsey viz. Deo c. Ecclesiam de Bromham terram ad duas carrucas decimas trium villarum de duobis molendinis totā decimam de propria aula Liber MS. Ramsey pag. 240. From hence it rise that the Monasteries had so many portions of Tithes or rents for them which we call Pensions out of so many severall and remote places of the kingdome and therefore all these Tithes how unjustly soever they were conferred upon them were de corpore Monasterii and passed undoubtedly to the King 2. But the other sort that is Parish Tithes belonged onely to the Parson of the Parish by reason of his function and incumbency which function though by act of Appropriation it were collated upon these religious men yet did it not invest the property of those Tithes in their Monasteries but made their persons capable of them by reason of that their function for without their function of being Ecclesiasticall persons they could not have them being forain unto them as I may tearm it and not domesticall as belonging to their house or monasticall as belonging to their conventuall body § 5 In what sort they were granted to the King Though the Parliament hath power to dispose temporall inheritance and to make Lawes to binde the rights of subjects yet it is confessed by the Books of the Law themselves that it can establish nothing against the law of God and therefore if Tithes be in the Clergy by the Law of God as before we have shewed then can they not be pulled from him by any law of man Neither hath the Parliament as it seemeth attempted to doe it but insomuch as they were misemployed by the Clergy of that time therefore the Parliament took them from them and gave them to the King not in any new course of property or to be enjoyed by him as his temporall inheritance but to be his in as large and ample manner saith the Statute as the Governours of those religious Houses had or ought to have the same Now it is apparent that the Governours of religious Houses neither had them nor ought to have them otherwise then to the service of God and benefit of the Church § 6 To what end they were granted to the King This point dependeth upon the precedent for the end why they were given unto the King is declared by the manner of giving them unto him Therefore though the Statute saith To have and to hold to his Majesty his heirs and their own wils to doe and use therewith his and their own wils yet lest their wils should decline from the due employment of them as the religious persons did therefore the Statute addeth these words to the pleasure of God and to the honour and profit of this Realm So that the King had not the things themselves simply but in such manner onely as the religious persons had them and that being but to the service of God and benefit of the Church the King could have them in no other manner then for the service of God and benefit of the Church and then to the words subsequent in the Habendum viz. to doe and use therewith their wils is no more then if we should say That the King c. should have them to dispose of in the service of God and of his Church according to his own will and wisdome which the words annexed plainly intimate appointing unto the King by what bounds and marks hee must walk in disposing of them namely so as may be to the pleasure of God and the honour and profit of the Realm But it cannot be to the pleasure of God that his Ministers should be defrauded nor to the honour and profit of the Realm that the service of God should be hindered or neglected and therefore the King must have and hold them to those purposes and to none other And that the King was not deceived in this kinde of construction of the Act of Parliament it appeareth by a Declaration made by himself freely in an Oration of his unto the Parliament Anno 37. of his reign where he saith I cannot a little rejoyce when I consider the perfect trust and confidence which you have put in me as men having undoubted hope and unfeigned beleef in my good doings and just proceedings for you without my desire or request have committed to my order and disposition all Chauntries Colledges Hospitals and other places specified in a certain Act firmly trusting that I will order them to the glory of God and the profit of the Common-wealth Surely if I contrary to your expectation should suffer the Ministers of the Church to decay or Learning which is so great a jewell to bee minished or poor and miserable to be unrelieved you might well say that I being put in so speciall a Trust as I am in this case were no trusty friend to you nor charitable to my even Christian neither a lover of the publique wealth nor yet one that feared God to whom account must bee rendred of all our doings Doubt not I pray you but your expectation shall bee served more Godly and Goodly then you will wish or desire as

have them as the religious persons had them that is as spirituall Livings and consequently subject to the jurisdiction of the Bishops before had over them and then are they no otherwise in the hands of the Laity for testimony whereof they also carry at this day the badges and livery of their Lords and Masters of the Clergy for as Joseph was taxed in his own City so are they yet ranked amongst other spirituall Livings and as members of that body doe still pay their Synodals and Proxies to the Bishops and Archdeacons and if Tithes bee withholden from the Approprietary he still sueth for them as spirituall things in the Spirituall Court All which are by Gods Providence left upon them as marks of the Tribe they belong unto that when the Jubile commeth if ever it please God to send it they may thereby be distinguished and brought back again to their own Tribe § 2 That no man properly is capable of an Appropriation but spirituall men Spirituall things and spirituall men are correlatives and cannot in reason be divorced therefore was no man capable of Appropriations but spirituall persons before the laws of dissolution which first violated this holy marriage and like Abimelech Gen. 20.2 took the wife from the husband and made Lay men which before were the children of the Church now become spirituall Fathers The act of Appropriation is nothing but to make a body corporate or politique spirituall that hath succession perpetuall Incumbents in a Rectory or no more upon the matter then to entail the incumbency to one certain succession of spirituall men Therefore as a Patron saith my Lord Dyer Chief Justice and Plowden 496. must present a spirituall person to a Church and not a temporall so by the same reason an Appropriation must be made unto a spirituall person and not temporall for saith he the one hath cure of souls as well as the other and they differ in nothing but in this the one is Parson for his life and the other and his successours Parsons shall be for ever and for this in the beginning saith he were the Appropriations made to Abbots Priors Deans Prebends and such like as might in their own person minister the Sacraments and Sacramentals and to none other And for the same reason at the first it was holden that they could not grant their estates to any other no more then the Incumbent of a Parsonage presentative who though he may lease his Glebe and Tithes yet can he not grant his Incumbency to any other but must resign it and then the Patron and Bishop must make the new Incumbent And so the Incumbency which is a spirituall office cannot be granted nor by the same reason could the perpetuall Incumbent which is the Approprietary at the first grant his estate which contained the Incumbency and the Rectory which is the revenue of the Incumbent Therefore when the Order of the Templars to whom divers appropriate Parsonages were belonging was dissolved and their possessions granted to the Prior of S. John of Jerusalem in England Justice Herle in 3 Ed. 3. said that if the Templars had granted their estate in the Appropriations to the Hospitalers that is to them of S. Johns of Jerusalem the Hospitalers should not have it for it was granted onely to the Templars and they could not make an Appropriation thereof over unto others Therefore to make good the estate of the Prior and Hospitalers it was shewed there that by the grant of the Pope King and Parliament the Prior had the estate of the Templars And so by Herle an Appropriation cannot be transferred to another and with good reason saith the book for it hath in it a perpetuall Incumbency which is a spirituall function appropriate to a certain person spirituall and cannot be removed from them in whom it was first setled by any act of theirs Herle there also said that That which was appropropriate unto the Templars was disappropriate by the dissolution of their Order fo 497. B. So that as death is the dissolution of every ordinary Incumbent so the dissolution of a religious Order Monastery or Corporation is the death thereof and by that death according to this opinion of Justice Herle the Church appropriate that belonged thereunto is again become presentable as it was before the Appropriation whereunto my Lord Dyer and Manwood doe also agree Dier Plowd 497. Manwood ib. 501. l. 2. and therefore by the dissolution of religious houses all Appropriations had been presentable like other Churches if the Statute of dissolution had not given them to the King and by as good reason might the same Law-makers have given him the other also for any thing that I perceive to the contrary Yet let us see in what manner they are given unto the King for though I cannot examine the matter according unto the rules of Law being not so happy which I lament as to attain that profession yet under correction I will be so bold as to offer some points thereof to further consideration as first what is granted to the King secondly the manner how it is granted thirdly the ends why And herein I humbly beseech my Masters of the Law to censure me favourably for I take it by protestation that I doe it not as asserendo docere sed disserendo quaerere legitima illa vera that Littleton speaketh of § 3 What was granted to the King 1. The Statute saith That the King shall have all such Monasteries Priories and other such religious Houses of Monks c. as were not above 200l a year And the Sites and Circuits thereof and all Manours Granges Meases Lands c. Tithes Pensions Churches Chappels Advowsons Patronages Annuities Rights Conditions and other Hereditaments appertaining or belonging to every such Monastery 2. In as large and ample manner as the Governours of those and such other religious Houses have or ought to have the same in the right of their Houses 3. To have and to hold c. to his Majesty his Heirs and Assigns to doe and use therewith his and their own wils to the pleasure of God and to the honour and profit of this Realm The words have divers significations and therefore make the sense the more obscure Monasteries Priories and religious Houses are 1. Sometimes taken personally for the Heads and Members of the House that is for the men of the House as Church for the Congregation City for Citizens 2. Sometime they are taken locally for the soil of the House and in this sense one while extensively to all the Territory thereof another while restrictively to the site and building onely 3. They are taken civilly or locally for the whole rights of the House the lands the rents the possessions and inheritances whatsoever In which of these senses the Parliament hath given them to the King and whether in all of them or not it is not manifest but I conceive the words must be taken in the last sense which as the