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A34480 Jura cleri, or, An apology for the rights of the long-despised clergy proving out of antient and modern records that the conferring of revenues, honours, titles, priviledges, and jurisdiction upon ecclesiasticks is consistent with Scripture, agreeable to the purest primitive times, and justified by the vsance and practce of all nations / by Philo-Basileus Philo-Clerus. Philo-Basileus Philo-Clerus. 1661 (1661) Wing C612; ESTC R23895 70,115 98

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taking an oblique course by undermining their comfortable Subsistence Honours and Priviledges This only I must disclaim before all the world that I have not the least thought in the following Treatise to become an Advocate for Luxury Pride Idleness or any thing that is morally dishonest the severe Reformation of which I both hope and wish those in Authority may vigorously endeavour Scandalous Loiterers being no lesse pernicious then Schismaticall Innovatours and sooner may my hand rott off and my Tongue cleave to the roofe of my mouth then ever I speak or write in defence of such or against the power of Godliness My Name I have studiously supprest least the inconsiderableness of it should create Prejudices and injure the truth But if any be so curious as to enquire after it Let him know that I am one who can safely Profess that ever since I was able to look into Controversies have alwaies reverenced Gray-headed Antiquity and detested factious Novelty Nor had I held my peace formerly but that I despaired my poor Bucket could have done any thing to the quenching of such a Fire when the whole Nation was on a light Flame This farther encouragement I have to use the more ingenuous Freedome as not any way partaking in what is here contended for nor as to my particular interest gaining the least by our late happy Revolution And as farre as I am acquainted with my own deceitfull heart I dare no lesse confidently avow that I was not induced to put Pen to Paper by any ambitious Hopes a private Retirement which through mercy I injoy being all I covet So that my great my only Aime is Piety and Peace the flourishing of the Church and State which like Hippocrates Twins have long Mourned and t is hoped will now Rejoyce together THE CLERGIES REVENUES CHAP. I. A Priesthood proved as Antient as the World continued in all Ages with an Honourable allowance to the First-born and the Levites THat God in all Ages has had a select number deputed to attend his Publick Worship and Minister in Holy things is a Truth that none can deny who own the Scripture For 2000 years and upwards after the Creation this was intrusted to the First-born as is evident out of Philo Josephus Maimonides and other Jewish Writers who all unanimously acknowledge that the Priesthood was ever annexed to the Primogeniture till the Law given by Moses It being the confessed duty and priviledge of the eldest to take care of Sacrifices and other Rites then in use * Bertram de Rep Jud. c. 2. Grot. in Num. 19.22 Thus Adam Seth who taught his children to call upon the name of the Lord Gen. 4. And Enoch those Ante-Diluvian Patriarchs and that Heathen Janus Noah a Preacher of Righteousness 2. Pet. 2.5 After the Flood Melchisedeck Abraham Jacob c. whilest the Law of nature lasted Upon the delivery of the Mosaical Law we find the First-born redeemed and discharged from their attendance God himself giving them a Writ of ease and designing the Children of Levi for their Successors Numb 3.45 In whose hands the management of Ecclesiastical Affairs continued near 2000 years more without any considerable interruption till in the fulnesse of time by the Incarnation of the Son of God the Priesthood of Aaron being abolished our Mediatour of a better Covenant no lesse faithful in his house then Moses Heb. 3. left not his Lambs without Shepherds but appointed Preachers of the Gospel to take the room of the casheered Levites and promised his presence with them to the end of the world Mat. 28. Thus we see a Priesthood clearly deduced and that God never wanted some in a more immediate manner to attend his Worship from the day the first foundation of the earth was laid Our next Quaere is what proportion was allotted for the maintenance of these three distinct Successive Orders For the first-born there is little controversie it being granted on all sides that their Priviledges and Honours were great being appointed Lords over their Brethren Chrys de Sacerd a Princely Prerogative Gen. 49.8 and a double portion assigned them the better to support the Dignity of their Degree and Function See Grot. upon the Deut. 21.17 We come in the second place to surveigh the Levitical Institution and enquire what a liberal allowance God made them Now the best course to take an estimate of that is by examining the Proportion this Tribe bare to the rest You have all the 12. Tribes that were able to go forth to war mustered and polled Num. 1.46 compared with the 3.39 where the Levites are numbred from a moneth old and upwards yet see what a vast disproportion the former amounting to 603550 the latter to barely 22000. none excepted Let us then but make some small allowance for those under 20. and above 50. years old ages excused from the war Josephus and so not reckoned in the first summe these we cannot rationally imagine to be lesse than a third part more So that by this computation the Levites will not amount to above a fortieth some say a fiftieth or 60th part of the nation Their numbers being thus cast up let us descend to the proportions of their allowance And here I am perswaded that some Fanatick Sacrilegious persons will be ready to blaspheme with that prophane Alphonsus in a paralel case if they had been the Allmighties Councellors they would have made a more equitable division then we find recorded and would have judged a fortieth part more than sufficient for such Loiterers But the most wise God made them anothergets proportion allowing them 48 Cities * Cunaeus de Rep. Jud. some Royal ones and the fairest in the Nation with the adjacent Country 2000 Cubits or a mile about every way no small matter in that petit tract of Land hardly exceeding four of our larger Counties Hieronym ad Dardan Adricom Adde to this the tenth of all increase of Corn Cattel First-fruits offerings Vows Redemptions amounting to no lesse than 24 several dues as the Learned Buxtorph * Synag Jud. collects out of the Rabbies and which may justly come in as none of the meanest advantages all this brought to their Barns without any farther trouble charge or confideration that Nation ever conscientiously paying their Tithes and frequently preventing the demand being perswaded it was the Hedge of their riches according to the * Drus. Prov. Talmudical Canon Now put all this together with many other particulars mentioned in Josephus and the Rabbies even Selden himself none of the best friends the Church ever had * Rev. Hist Tith c. 2. is forced to grant that this smallest Tribe had neer three times the annual Revenue of the largest among them If any one desire to be better satisfied about this let him but read Philo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 out of whom I shall set down this one remarkable observation that the people were commanded to bring their offerings first
in Bibl. Cotto confirming the same with this title Modus tenendi Parl. and citing other large Priviledges of the Clergy But why stand I upon this when Mr. Prin himself whose testimony I the rather mention he being known a profest enemy though as he has lived to retract his Anti-Monarchical so t is hoped he may his Ante-Episcopal Principles in his Historical Collections of the Ancient Parl. of England acknowledgeth that during all the Saxon times from about A. 670 till King John About 1200. the great Council of the Nation or Parl. consisted only of the King Princes Bishops Dukes and Nobles no lower House being then known which our best Antiquaries conceive took its original about the time of Hen. 3. I shall put a Period to this with the Testimony of our English Papinian my Lord Cook who assures us that 24 Spiritual Persons ought ex debito Justitiae to have a Writ of Summons sent them every Parliament This Premised I shal now speak a bold word if the proudest Adversary can produce instances of any Solemn Meetings Wittina-Gemots or Parliaments for 1000 years past whereunto the Clergy were not summoned any Statutes publickly enacted during all the Christian Saxon Danish and Norman times without their Assistance or Advice by my consent the Cause shall be given up As for the Precedent of their Exclusion under Edw. 1. at S. Edmundsbury which some triumph in if there be any truth in the Natrative as may well be questioned we know t was done in a Pet a transport of the Royal Displeasure for their obstinat adhering to Rome and non compliance with his Demands who yet the next Parl. about a year after makes an Apology for his extravagancies doubtlesse with an eye to that Act charging all upon the present exigences of his Affairs Walsingh Vit. Ed. 1. And why should this be urged more against the Clergy then that other is against the Lawyers who were shut out of the Laymens Parl. under Hen. 4. where yet we find the Bishops and among others Tho. Arundel stoutly resisting and preserving the Clergies Temporalties which those Church-Robbers gaped after who so they might spare their own Purses were content to spoile their God to relieue their King Certainly if envy it self could have found out the least colour of Law to deny them this Priviledge it had never been reserved for our unhappy Age. Many times have they been struck at many great blows received as at Clarendon under Hen. 2. where their wings were much clipt yet still they are permitted Interesse Judiciis Cuxiae Regis cum Baronibus quousque perveniatur ad Diminutionem membrorum vel mortem still their Votes are safe Do but look into Magna Charta which all our Kings at their Coronation are sworn to maintain we shall find in favour of the Clergy We have granted to God and by this our present Charter confirmed for us and our Heirs for ever that the Church of England shall be Free and have all her whole Rights and Liberties Inviolable All the Nation being content to stand accursed if this Grant were at any time infringed or diminished and any thing that should be done contrary to this was ipso facto declared void 26 Edw. 1. c. 2. Now it becomes us to examine what those Rights were the Church enjoyed at the ratifyng that Charter and through all succeeding Ages hath practised until our late Unnatural Divisions and let us not put our Princes upon a necessity of Perjury which some are of Opinion can hardly be avoided unlesse either that Oath be wholly omitted which few true English Hearts wish for or some Alteration made which of how Destructive consequence it may prove in time let others judge What is the Clergies hard Fate to day may be others to morrow And we had a late sad example the doore being once open how farre the House of Commons went in turning the Temporall Lords after them I am not ignorant that many foule big crimes were objected to them that it might passe the curranter but the plain Truth is their Grand I had almost said their only Fault was Loyalty to their Prince The Sons of Faction saw there was no comming at the Scepter till they had removed the Crosier so that through the sides of Episcopacy no lesse then Monarchy was struck at But the better to disguise the busines some Criticismes of Law were laid to their charge and upon this nicety must the first and one of the main Branches of Magna Charta be broken which our Ancestours so Beligiously kept so often afferted with their dearest blood Little imagining that ever Prosterity for so slight a matter would have made so wide a breach in it after above 30 solemne Confirmations in successive Parliaments For this must the poor Clergy loose their Birthright be eternally disabled from Voting within those Walls for which they can plead above 1000. yeares Prescription their Title being never once questioned till the inconsiderate Zeal of some Male-Contents about 19 years since in May 1641. unhappily moved that black Bill whereunto through the necessity of the times full of Tumults and uproares the Royali Assent to purchase Safety with an unwilling willingness was yeilded I cannot say given to so great a distresse was Majesty then reduced I passe by those un-Parliamentary irregularities which some take notice of the Repulses it mett with but being to serve the present Interest by subtle contrivances at last t was carried And from this Critical Epoch may we date the rise of our late Embroilements and wild Confusions under which miserable England has so long grooned and the whole world stood amazed at All the wealth which the Piety of our Fore-Fathers had been so many age● in heaping up all the Priviledges which their Prudence had so deliberately con ferred being in a few dayes Passion swallowed up Well admit the present Bishops did unadvisedly runne into a Praemunire could no Personall Fine or Punishment expiate their Delinquency Must their Innocent Successours still smart for it Must so many merits of their worthy Predecessours be buried in the Grave of ungratefull Oblivion It were an easie matter to produce a large Catalogue of Eminent Prelates who by their prudent Advice have oftentimes prevented Bloodshed preserved Peace saved a sinking Kingdome and a dying Religion Many good works have they done amongst us many Colledges Schools erected and endowed many material Churches by their munificence and living Temples of the Holy Ghost built by their ministry and for which of these must they now be thus hardly dealt withall Thus disfranchis'd That they who heretofore carried the principall stroke in Cabinet Councils and publick Dyets are acknowledged in a Recorded Statute an * 8 Q. Elizab. c. 1. Cooks Inst p. 4. c. 74. High and one of the greatest Estates of the Kingdome must now for ever be excluded the two great Assemblies of the Nation as not concern'd in the civil Peace and be denied Representatives
Martyrs And hithero we have litttle or nothing of outward coercive diction all was inward all was Spiritual and thus was the faith planted the gates of Hell pul'd down and the Pagan World reduced to the obedience of Christ Providence purposely so ordering it that no flesh might boast Now all this while to say the truth there was no need to have recourse to outward Force the Apostles and their immmediate Successours being furnisht with such miraculous extraordinary power which we see they did sometimes exert to punish the disobedient as Anantas and Sapphira with death Elymas with blindnesse c. But miracles once ceasing and the immediate assistance of the Spirit being withdrawn to compensate this losse God turned the heart of the Magistrate and Christian prudence told them that to place Covernours in the Church and to deprive them thus deserted by the Spirit of all coercive Jurisdiction was to expose their Office render their Persons ridiculous and their Commands insignificant And has not our late experience sufficiently confirmed this Sin being grown bold and wickednesse never more improved the Schismaticall prophane World making but sport with the Embassadours of Christ whilest left naked and destitute of all Civil Jurisdiction Whereas in those Apostolical primitive times there was no fear no danger of such inconveniences Love to Christ being then mo●e ardent and the cruelty of the mercilesse advers●ry more outragious the one sweetly alluring the Professours of the Gospel the other terrifying them into a dutiful Conformity I am none of those that delight 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to doat upon my own Notions so that if any man will take the pains to produce clearer evidences I shall readily be his Convert Till then my judgement is and I can safely say has been ever since I was able to look into Antiquity that the Matter here contended for is neither under the censure of Inexpediency nor Inconsistency not the latter For seeing t is a duty confessedly belonging to every Christian to beat down sin and promote righteousnesse and the end of all Jurisdiction is to advance justice and restrain iniquity I would gladly be resolved what there is so hainous so unseemly for the Sacred Function in this Act to chastise the Disturbers of the Christian Peace with Spiritual and if that prevail not with corporal Punishments Certain it is the Blessed Angels do not look upon it as dishonourable to or derogatory from their Holines at the Command of God to correct the wicked even with death 2. Cor. 23. and why should it be thought so abominable so unlawfull for the Angels of the Church Rev. 2. being Commissioned by Gods Vice-Gerent to inflict deserved punishments on the workers of iniquity Dav. Not the former if due Caution be used that they keep within bounds and that which was designed for their help prove not their hindrance too much taking themoff frō the weighty imployments of their Spiritual charge And I think it may confidently be averred there are few of the precisest but spend more precious time in other petty impertinencies which might be better placed in the publick service of their Country However there 's little fear of any excess in this jealous age and under so Gratious so Prudent a Prince who has reaped this benefit by his long calamity as to be the most Accomplisht for Government of any Monarch in the World T is an Observation of some that God seldom imploys any in great Affairs but he does exercise them with afflictions and tribulations Pez● Com. in 29. Gen. and the large share his Sacred Majesty has had in these encourages us to expect no small things from him especially when we consider in what an unparaleld manner Providence restored him as a Peace-maker not to England onely but to Europe as a Nursing Father to his Languishing Church which many had in hope and thought clean devoured Now Ecclesiastical Jurisdiction is the Royal Jurisdiction a Principal inseperable part of his Royal Crown and Dignity It s Original was from his Noble Ancestors who ever esteemed it their Honour to support and encrease it Constantine a Britain and the Glory of Britain began it and t is hoped it shall never be said that any of his Successours consented to its Funeral when it was in their power to give it a Resurrection The substance of our Common Law is comprehended in these three things jus Regium now happily restored jus Populi confirmed and jus Ecclesiae which only has and does still suffer by the late imbroylments Nor can his Sacred Majestie ever hope to have his Desire accomplisht and the memory of former passages buried in oblivion till the Church recover her antient Rights and Priviledges as well as the State EPILOGVE I Shall now end all with a breife Address to the long-despised Clergy The Goodnesse of your God and Favour of your Prince have once more restored you to your Charges your Patrimonies and t is hoped will ere long to your Honours and Priviledges which Sacriledge and Usurpation for many years have detained from you Now it stands you upon seriously to consider what Design the Lord had in thus humbling you for certainly his wise Providence did not bring all this to passe for nothing Be intreated then in the bowels of our Common-Redeemer though by one of the meanest in your number yet a passionat-Well-wisher of the Sacred Function to hear the Divine Commands the Royal Declarations the Prayers Groans and Sighs of your Country which all with one voice cry aloud to you for Diligence in your Callings and Uprightnesse in your Conversations These these will make our English Zion prosper and our Hierusalem a Praise in the Earth But if through Plenty you forget him whose Person you represent and through Security turn again unto Folly give me leave to speak my fears my Heart trembles to think what the issue will prove if the Indignation of the Allmighty once more break out Many eyes are fastned upon you so that the least blemish will be espied And as your Vertues bring greater Honour to the Gospel then those of private Persons so do your vices more Reproach Chrysostom Hom. 27. in St. Mat. is my Authour If a Preacher sin with the People he shall not be punished in like manner as they but far more grievously and better would it be for any such that a Milstone were hang'd about his neck and he cast into the midst of the Sea then to prove a just occasion of Scandal to any to speak evill of the waies of God It hath pleased the Great Disposer of all things once more to make trial of you Let your Moderation be known unto all men that none may complain of your Jurisdiction if re-establisht which the unquestionable Practise of all Ages except when wars and persecutions put every thing out of Frame will abundantly justify May your Goodnesse equal your Greatnesse your Humility shine in the midst of your Honours the memory of your late Afflictions and Vows made in your low estate never dye with you Let your Conversation be with Covetuousnesse that the hungry Bellies of the poor and needy may find the Benefit of your happy Restauration that no envious eye may repine no foul mouth raile at your large Incomes but all may confesse t is more for the Glory of God and the good of the Nation that your Charity be intrusted with those Revenues then the griping Avarice of your Sacrilegious Adversaries READER THe importunat Hast of the Stationer to dispatch these Papers against the Session of Parl. occasioned many things to be hudled up which happily second thoughts might either have enlarged or altered and sundry Errata's have escaped the Presse which yet a Charitable Eye may wink at or a favourable Pen easily correct FINIS