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A11503 Vindiciæ sacræ. A treatise of the honor and maintenance due to ecclesiasticall persons. Done out of the Latin, of that famous diuine of Holland, H. Saravia, sometime prebend of Canterbury.; De diversis ministrorum evangelii gradibus. Part 3. English Saravia, Adrien, 1530-1612.; Martin, James, fl. 1615-1630. 1629 (1629) STC 21752; ESTC S112329 24,696 101

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of Christianitie will instantly sell all they haue and lay downe the price at the Churches feet Act. 4.34 Surely MADAM were these People in truth the Children of God as they strongly fancie themselues Narcissus-like being in loue with their owne supposed Beauty they would be better affected to the Church the Mistresse of heauenly Truth and not goe about like pernicious Furies to cloathe Her in Raggs that so feruently and frequently endeuors by the dispensation of Gods holy Word and Sacraments to adorne their Soules with the precious Pearles and inestimable Jewels of all Christian Vertues and to inuest them Luke primâ stolâ with the Richembrodered Robes and Royall Ornaments of a true iustifying and sauing Faith But they well shew of what Spirit they are euen of such a one as would fright the whole Packe of them if he should appeare and bristle among them at their Conuenticles or Night-Assemblies The GOD of Heauen assist and comfort your GRACE with his Holy Spirit make you a happy Jnstrument of much Good to his Church and crowne you in the end with a Diadem of eternall GLORIE Your GRACES most humbly deuoted IAMES MARTIN TO ALL NOBLE AND RELIGIOVS Patrons and Patronesses of the CHVRCH Most Noble and Religious LET it not seeme strange to ioyne you all in one Inscription whom God hath linked as those ancient Worthies and Act. 4.32 primitiue Saints by the Golden Chaine of a blessed Societie and Communion for the comfort and support of his despised and distressed Embassadors whom though the Deuil his Aethiopian Angels Reu. 2.10 striue continually by their Agents and Vnder-minisbers to bring into Aegyptian seruitude and contempt by oppressing deprauing and impouerishing them yet hath the Spirit of GRACE stirred vp your excellent Spirits to relieue encourage and sustaine them In which Noble Actions among other famous Precedents you haue that thrice-Glorious Emperor THEODOSIVS your Predecessor who euen on his Death-bed and in extremitie of Sicknesse exprest his Royall Charitie ardent Zeale feruent Deuotion to the State Ecclesiasticall as to his eternall honor S. Ambrose hath recorded And surely if some Tim. 3.5 selfe-deceauing Christians of our Time which make Religion a verie Mummerie and Disguise for their sinister ends and giue small or no 2 Tim. 4.3 Regard to the Diuine Ordinance in the Ministerie of their owne Pastors would vn-maske a while and enter into a strict consideration of their Mortalitie and the infinitenesse of Eternitie with the succeeding interminable Ioyes or Torments they must shortly endure how highly would they esteeme and reuerence their ' Rectors and Spirituall Guides Heb. 13.17 whom God hath so singularly honord with that Euangelicall yea Angelicall Office of conducting Soules to Heauen Would they not in a sacred Rapture cry out with the Propheticall Esay 52. ● Euangelist How beautifull vpon the Mountaines are the feet of him that declareth and publisheth Peace that declareth good tidings and publisheth Saluation saying vnto Zion Thy God raigneth Vndoubtedly they would notwithstanding their humane frailties and ● Cor. 4.7 infirmities receiue them as the Gal. 4.13 14 15. Galatians did S. Paul and thinke nothing too good or too precious for them But alas we haue too iust cause to subioine that of the same Apostle Rom. 10.16 All haue not obeyed the Gospel For many saith S. Bernard will goe with the Wise-men from the East Act. 2.11 to seeke Christ yea they will fall down and worship him but they are growne too wise to open their Treasures Blessed therefore are YOV thrice-Noble Christians that spare neither your Gold Frankincense nor Myrrhe but make your Riches as Abraham did his Seruants to helpe to entertaine the Angels of God And thrice-blessed shall you be at that GREAT DAY when you shall ioyntly receaue your GREAT REWARD in Heauen March on therefore like the Starres in their Orbes Judg. 5.20 in your Seraphicall Zeale to the House of God and the Officers thereof that by such Heauenly Acts of Pietie laying vp in store for your selues a good 1 Tim. 6.19 Foundation against the time to come you may lay hold on Eternall Life The God of Heauen multiply the Glorious Graces of his Holy Spirit vpon you that being faithfull vnto Death Reu. 2.10 He may giue you a Crowne of Life Vester humilis deuotus IACOBVS MARTINIVS Facultatis Artium Mr Oxon. DE Authore Jnterprete CARMEN QVae priùs in Latio latuerunt abdita vulgo Dogmata Semonis sancta celebranda Bataui Haec sacer Interpres pulcrè transfundit ornat At qui sacrata gemmata monilia Libro Explicat aureolo Gemmam proponit in illo E. Gemmam Ne sis Aesopi Lector 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 RICHARDVS CRVXONIVS Theologus To the AVTHOR AS some rare Flower whose silken Leaues haue beene Concealed long from their desired View Displayes at last his bright-sweet-smiling hew Fit to adorne the Bosome of a Queene Or as a Diamond of rich esteeme In doubtfull shadow of the darkesome Night Darts forth his beames and giues a cheerfull light Whose Lustre may a Royall Crowne beseeme So shine thy Glories so this Worke shall be An Arch-Triumphall to thy Memorie R. B. LONDINAS A Treatise of the honor and maintenance due to the CLERGIE CHAP. I. Donaries giuen to Churches are firme by the same Lawes by which others of the Laity possesse their estates THE zeale and bounty of our fore Fathers in enriching the Church are knowne to all and it were strange to imagine that an vniuersall error or as some would haue it a madnesse should so long transport them in that point and that their Posteritie going a quite contrary way without Warrant from God and Example of former Ages should bee wiser then they As to follow the bad examples of our Ancestors is a fond Absurdity so to contemne their examples rashly and without iust cause is meere Impiety It is true both fathers and children are all prone to euill but whether are men more apt to take from others or to giue of their owne Our fathers gaue as none can deny with no ill intent their children take away what they gaue with what minde is apparant enough They gaue according to the Lawes these take contrary to Law Those things which haue beene giuen to the Church haue their strength and validity from the selfe-same Lawes whereby other men possesse what they haue and there is none but would thinke it a Tyrannicall act in a Magistrate to thurst him out of his Possessions without hearing him first speake for himselfe It had beene fit therefore that Ecclesiasticall persons should haue beene permitted to haue had audience and that sufficient reasons should haue been alleaged to them why they ought not any longer to be suffered in a Christian Common wealth nor to enioy the possessions of the Church They also which succeeded them in their Pastorall Charge should haue beene heard for it concerned them to know how the goods
of the Church were disposed But to confiscate and sweepe all away without any legall proceeding or hearing of the parties was against all right and reason If Bishops and Priests were willing to renounce Popery and embrace the Truth there was no cause to expell them vnlesse perhaps Church-Liuings were to bee numbered among the Heresies and Idolatries of the Romish Church as some good fellowes would haue them And here I know not whether the Ignorance of Ministers or the Auarice of Magistrats be more blame-worthy Both without question were very faulty But those subtle and crafty Politiques which hypocritically made a faire shew to fauour the preaching of the Gospell for their owne base and wicked ends were the Authors and Abettors of all this mischiefe So that what in others was Error or Ignorance in them was pure Malice and Villany For who can excuse them of sacriledge which vnder colour of reforming the Church in many places of High and Low Germany made a prey of all that was giuen to the Church I confesse the supreme Magistrate ought to be the Patron of the Church and may by his authoritie enact Lawes concerning Church-liuings but in no case appropriate them to himself For the Patron ought not to dispoyle his Clyent And it was neuer heard of before these Times that any Christian Magistrate did confiscate all Ecclesiasticall Possessions without exception All Histories haue branded them with Infamy which in Extremities of the Commonwealth haue taken away but a part What then shall we thinke of those which haue playd at sweepe-stake with Church-Liuings I name none but I meane them which by their lewd Examples haue taught their Neighbours to commit Sacriledge Wherein they imitate Iulian the Apostate and the great Turke which make no difference betwixt sacred and prophane and not any Christian Magistrate either of these or former times that I know To such it is a shame that Sacriledge may iustly be obiected But a farre greater shame that by such it should be vniustly committed CHAP. II. The definition of Sacriledge SOme there are that thinke no Sacriledge can be now committed because forsooth the difference betwixt sacred and prophane in externall things is by our Sauiours death extinguisht But this is not the opinion of a Diuine but of an Atheist rather For though to the holy all things be holy and all things prophane to the prophane yet the distinction of Things which they haue in their vse and end is not to be abolisht Among all Nations there was euer a maine difference set betwixt that which was dedicated to Diuine worship and that which was for vulgar vse It is the End which for the most part denominates all things Priuate men haue their Treasure and the Common-wealth hers If you regard the stuffe both are of the same nature to wit Gold and Siluer and whatsoeuer else is of value But if you respect the End and Possessor it is farre otherwise For the end of priuate wealth is the profite of one onely Family But the end of the publike is the benefite of the Prince and People In like sort the Treasure or Wealth which is giuen or collected for the Worship of God hath a farre different end from the other and being consecrated to a holy vse is therefore sacred Furthermore as the Wrong against the Prince or State is more heynous then that against a priuate man And therefore the stealing from a priuate man is but Theft but from the publike Treasurie Pecula● Robberie in the highest degree So by how much more it is a greater crime to sinne against GOD then Man the expilation of the sacred Portion is farre more damnable then any other Theft or Robberie whatsoeuer And therefore it is properly termed Sacriledge and is defined The stealing of a thing sacred The turpitude of which Theft is so execrable that God himselfe all Nations haue punisht it with exquisite Torments But the former definition comprises not onely things destinate to the seruice of the true GOD but also of false Gods For the Knowledge and Contempt of any Deitie is of the Essence of Sacriledge Now that all or the most which Popish Clergie possessed either by the Poore or Churches interest hath beene purloyned sold confiscate or conuerted to priuate mens vses it is so cleere that I need not stand further vpon it CHAP. III. Reasons or Pretenses where-with some would palliate their Sacriledge BVT sacrilegious Persons and their Proctors contend that whatsoeuer was done in this case was lawfully done both for the abolishing of the Popes Tyrannie and for the establishing of the Gospell Their Reasons are these Ecclesiasticall possessions were imploied to idolatrous and prophane vses which being abrogated they cannot by the Lawes descend to any but onely to the publike Treasurie the gouernment whereof belongs to the Christian Magistrate And as the godly Emperors Constantin Theodosius Honorius and Arcadius hauing banished the Idolatry of the Gentiles tooke into their hands without any note of Sacriledge the Reuenewes and Possessions of their Priests and Temples to dispose as pleased them So also the Christian Magistrate hauing cashierd Popery may by the same Right challenge the Wealth and Substance which belonged to Priests Monkes Nunnes and the like and confiscate them as Escheats vsually are according to Law For no Bishop euer thought that the Church had any Right or Title to those Goods or Reuenewes which were destinated to Idolatry Strange therefore it were that any Minister of the Gospel should clayme the Riches of the Popish Church as due to the Reformed Besides there is extant an Imperiall Decree in the Court in the first Booke De Paganis Sacrificijs tit 14. in these words Omnia loca c. that is Wee command that all places which the Error of the Ancients assigned to Sacrifices be appropriated to our Estate But that which We or the Princes our Predecessors haue by that Right bestowed on particular persons Wee will that it be perpetually confirmed to them as their Patrimonie And those things which We are pleased by many Edicts to allot to the Church let the Christian Religion challenge as her owne Dated at Rauenna 3 Cal. Sept. Honorius the 10 and Theodosius the 6 Emperors By which Decree it is manifest that the Emperours had right to dispose to whom they pleased those Goods which after the abrogation of the Idolatry of Pagans had no owners And in the Digest Lib. 33. tit 2. De vsu vsu fructu legatis leg 16. Legatum c. We read of Legacies bestowed vpon Showes or Playes which were not lawfull to bee acted And if the word Masse bee put in stead of the word Playes the case will be alike The words of the Law are thus Legatum Ciuitati relictum c. that is A Legacie being bequeathed to a Citie to the end that out of the yeerely Reuenewes a Show be exhibited in the Citie in memorie of the defunct which is vnlawfull to be
disputable whether their Title be cleere vnlesse it can be euidently proued by them that the Land was neuer consecrated to God as aforesayd which if it be not apparent they cannot without much doubting and scruple of Conscience enioy it 2 Admit their Title bee cleere and themselues void of perplexitie concerning it yet was the Tithe of those Lands originally consecrated to the maintenance of Gods Seruice Why then deny they the payment of that Tithe For it is not a contemptible Pension in lieu thereof that will maintaine a sufficient Preacher or will excuse them for detayning it Their Reioynder The same Parliamentarie Authority which giues Ministers Tithe in Places not exempted hath exempted our lands from payment of Tithe Answer But what if the Law in that point be not so cleere as they imagine It is well-knowne that the alienation of these Tithes deuolued to the King at the dissolution of Abbeys together with the Lands was at first an Act of the Pope by iniurious vsurpation vpon the Churches Right against the Lawes of God and Man then in force Now it is not to be thought that the Statute in that case intended the ratification of that sacrilegious Act or to make that iust which is originally vniust or vtterly to abolish Tithes but onely to change the possession for the present till the Churches claime might more euidently appeare But suppose the Law were cleere for non-payment of these Tithes how doth it accord with the patterne of the Diuine Law For if God haue ordained that Preachers of the Gospel should liue of the Gospel and that their Hearers are to communicate vnto them Gal. 6.6 in all good things then surely seeing their Ministerie is much more excellent then that of the Law either Tithes at lest or some better thing is due to them by Diuine Ordinance It is therefore hard dealing to barre them of the ancient Ordinance of Tithe vnlesse there can be produced out of Scripture some other Law of Prouision to disanull it Second Composition WEE haue Compositions from former Incumbents which free vs from Tithes Answer Though such Compositions be seldome produced lest the present Minister may picke somewhat out thereof for his owne aduantage and reliefe yet admit the Composition be neuer so strong how can it stand with Conscience that the Act of one Incumbent should preiudice his Successours in a great Charge to their vtter impoue ishment and vndoing Or how can it be reputea a lawfull Contract which so deeply trenches on the Churches Right to the extreme decay and hinderance of Gods Seruice Can the buyer or seller in this case haue any hope to be a member of the Church Triumphant that liues and dyes a betrayer and spoyler of the Church militant in that sort Better therefore that such Compositions be renounced then their Soules be so manifestly endangered Third Praescription WEE can proue Praescription for diners Descents exempting vs from Tithes Answer It is obserued that few great rich-men can indure with patience to pay Tithe in kind whereupon they take their opportunities to agree with the Incumbents for their Tithe at an vnder-value pretending that if they agree not they will make the Tithe little worth to them this done they are willing out of their exceeding Zeale to the Church to allow a poore yeerely Pension to the Preacher Which Praescription hauing once got footing for some good tearme of yeeres if any succeeding Incumbent dare presume to question it they will make him know that hee hath rowzed a Lyon and scourge him through all the Courts of the Kingdome Yea if the Prescribers adde by purchase or inclosure to their Demaines in the same Parish they will by vertue of the same vicious Prescription detaine all the Tithe of the Portion so annext The answer therefore is Non firmatur tractu temporis quod de iure ab initio non subsistit That which was of no validitie at the beginning neuer becomes lawfull by any tract of Time This therefore is nothing but a plaine robbing of the Churches due Fourth Customes BY the Custome of our Parish continued by long consent and practise time out of mind we pay not such and such Tithes Answer Consent and Practise make not a Custome lawfull vnlesse it be grounded vpon euident reasonable cause Nisi enim consuetudo ratione munita sit non est consuetudo sed corruptela If Custome be not fortified by Reason it is rather Corruption then Custome By which Rule if the pretended Customes be examined they will for the most part appeare both vnreasoable and vnconscionable for if the greatest part of the Parish be Wood-ground is it not reason that Tithe-Wood be payd And if Sheepe feed on the Common for eight the most profitable months in the yeere though they be not wintered in the Field is there any Reason to detaine the Tithe vpon pretence of Custome Their Reply Notwithstanding wee pay to the Minister a proportionable Rate Answer True if a few scraps not worth taking vp may be so tearmed which how it may stand with Right or Reason Iustice or Equitie let all men that are not partiall iudge Seeing therefore that these Exemptions Compositions Praescriptions and Customes are the very Cankers of the Church and bring infinite penurie and miserie vpon the Clergie to the extreme decay detriment of Gods true Religion I see not how they can be said to haue any sense or feeling of God or Godlinesse that shall against the Euidence of Truth and recoyling of their Conscience continue them The LORD turne the Hearts of ●he Spoylers of his Inheritance an● remember in mercie those which haue compassion on his distressed Seruants FINIS Additionals X EXprimit antiquis haec Christūs littera scriptis Exprimit partem quam petit ille sacram Ergo citus Christi quae suut dato munera Christo Caesaris accipiat Caesar vterque suum H. S. Eques Auratus Thus Englished THis X of old exprest Christs holy Name And eke the sacred Tenth which he doth claime Giue then to CHRIST what 's CHRIST's without delay Giue Caesar Caesar's due and Both their Pay I. A. Oxon. In modernos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Numularios 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 SOme say since Peter cut off Malchus eare The Clergie and the Lay haue scarce beene friends But why should they such causlesse grudges beare Was there not instantly made full amends Yet All though strong and pond'rous Proofes they see Prest on Church-Pirates will not yet agree For Simon Magus in a sacred thirst After Church-Liuings taking Malchus part With his Bore-speare O Caitife most accurst Runnes Peter Iames and Iohn into the heart Yea all their Successors seeking to quell Or begger quite rides post amaine to Hell After him marcheth hungry Sacriledge Ye lad with mightie Armes and massie Shield Gainst the poore Church and proudly can alleage CVSTOME and LAVV then challengeth the Field But soft Sr DAGONET a word I pray' Ere that our Tithes you harry quite away Is not our GOSPEL better then your LAVV Yea or the Law which Moses selfe did vtter Is not that Gold and * Caninum litigand studium dixit Columella Lib. 1 In Procem yours to it but Straw How dare you than 'gainst Preachers portions stutter Your Clownish CVSTOME thus away we kicke Hoc ab initio non fuit sic If all this cannot yet reclaime your Error Which doth the Tenth to Iewish Temple bind Leauing the Christian free then to your terror A heauie Doome you in this Booke shall find Acknowledge then our Tithes diuinely * Iure diuine due To circumcise vs thus you play the Iew. S. N. Theol. Oxon. A Propheticall Complaint to God against Church-Pirates and Vsurpers PSAL. 80.13 14. The wild Bore out of the Wood doth root it vp and the wild Beast of the Field doth deuour it Turne thee againe thou GOD of Hosts looke downe from Heauen behold and visit this Vine The Churches Teares LAMENTAT 1.16 For these things I weepe mine eye mine eye runneth down with water because the Comforter that should relieue my Soule is farre from me my Children are desolate because the Enemie preuayled VIVAT CHRISTVS PEREAT BARABBAS Operarum Errata Page 2. l. 23. read thrust p. 10. l. 18. r. Code p. 23. l. 17. r. Pastors p 27. l. 17. f. a Mungrel and r. an dele reliqua p 33. l. 18. r. all good Institution p. 34. l. 4. r. parricida p. 44. l. 10. r. God p. 45 l. 7. r. throughout the World p. 48. l. 10. r. suffered not p. 55. l 9. r. Magistrates Lectori malè-feriato Nugipolyloquidi Rode caper vites tamen hìc cum flabis ad aras In tua quod fundi cornua possit erit