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A12763 De non temerandis ecclesiis A tract of the rights and respect due vnto churches. Written to a gentleman, who hauing an appropriate parsonage, imploied the church to prophane vses, and left the parishioners vncertainely prouided of diuine seruice, in a parish neere there adioyning. By Sr. Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641. 1616 (1616) STC 23068; ESTC S100543 41,397 238

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teacheth vs to doe and this the Lawe of GOD requireth also at our hands but what the set portion of our goods should bee that thus wee ought to render backe vnto God I cannot say the Lawe of Nature hath determined that But the wisdome of all the Nations of the World the practise of all Ages the example of the Patriarches ABRAHAM and IACOB the approbation and commandement of Almighty GOD himselfe and the constant resolution of his CHVRCH vniuersally hath taught prescribed vs to render vnto him the Tenth part and that this Tenth part or Tithe being thus assigned vnto him leaueth now to be of the nature of the other nine parts which are giuen vs for our worldly necessities and becommeth as a thing dedicate appropriate vnto God For it is said Leuit. 27. 30. All the tythe of the land both of the seed of the ground and of the fruit of the trees is the Lords yea more then so It is holy vnto the Lord. And againe verse 32. Euerie Tithe of Bullocke and Sheep and of all that goeth vnder the rodde the tenth shall bee holy vnto the Lord. He saith holy vnto the Lord not that they were like the sanctified things of the Temple which none might touch but the Annointed Priests but Holy and seperate from the vse and iniurie of secular persons and to bee disposed onely to and for the peculiar seruice and peculiar Seruants of GOD. And therefore in the 28. verse it is said to be seperate from the common vse because it is separate and set apart vnto the Lord. 3 But some happily will say that this vse of Tithing rises out of the Leuiticall Lawe and so ended with it I answere that it was receiued and practised by Abraham and Iacob diuers hundred yeeres before it came to the Leuites For it is said that Abraham gaue tithe to Melchisedeck Gen. 14. 20. And that Leuy himselfe paid tythe also in the loines of Abraham Heb. 7. 9. Melchisedecke was the image of CHRST and his Church Abraham of the congregation of the Faithful Therfore though Leuy receiued tithes afterward by a particular grant from GOD for the time yet now hee paide them generally with the congregation in the loines of Abram vnto the Priesthood of Christ heere personated by Melchisedeck which being perpetual an image of this of the Gospell may well note vnto vs that this dutie of Tythe ought also to bee perpetuall And therfore Chrysostome saith that Abraham heerein was OVR tutor not the tutor of the Iewes And in somuch as Abraham paid it not to a Priest that offered a Leuiticall Sacrifice of Bullocks and Goates but to him that gaue the Elements of the Sacrament of the Gospell bread and wine it may also well intimate vnto vs to what kinde of Priest we are to pay our tithes namely to him that ministreth vnto vs the Sacrament of bread and wine which are onely those of the Gospell and not the Leuiricall Priests So that our tythe paide in this kinde cannot bee said Leuiticall as also for that the Leuitical tythes were onely of things renewing and increasing whereas Abraham and Iacob paid them of all as if they had followed the cōmandement of the Apostle Let him that is taught in the Word make him that hath taught him part taker of AL. Gal 6. 6. God also requireth this dutie of tythe by his owne mouth as of olde belonging vnto him before the Leuites were called to the seruice 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 bundance of thy liquor shalt thou not keepe backe meaning Tithes and first fruits and therfore Ierome 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 formerlie due vnto GOD for wee cannot say that any thing is kept backe or with-holden that was not due before Therefore wee finde no originall commondement of giuing tithe vnto GOD but vpon the first mentioning of them in Leuiticus they are positiuely declared to bee 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 olde belonged to GOD namely that All the tithes of the land was his Other phrases of Scripture doe confirme this for afterward when tithes came to be assigned to the Leuites God doth not say The children of Israel shal giue their tithes to the Leuites but he saith Behold I haue giuen them to the Leuites And continuing this his claime vnto them against those that many hundred yeeres after disseised him of them hee complaineth Malachy 3. 8. That they that withheld their tyths from the Leuites spoiled him himselfe But hauing handled this argument more largely in a greater worke I will heare close it vp with opposing against these kindes of Aduersaries not onely the reuerend authority of of those ancient and most honourable Pillars of the Church SS Ambrose Augustine Hierome and Chysostome who though they runne violently with Saint Paul against such ceremonies as they conceiued to to be Leuiticall yet when they come to speake of Tithes admit maintaine and command the vse thereof But also the resolution of many ancient Counsels and a multitude of other Fathers Doctors of the Church in their seu●rall ages all of them concurring in opinion that Tithes belong iustly vnto GOD and many of them commanding all men euen vpon perill of their soules not to withholde them which Argument 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 du● in queta parte iure diuino which requireth a larger discourse yet I neuer read of many that impugned them absolutely Lieutardus who liued about 1000 yeeres after Christ taught the payment of them to bee superfluous and idle and then growing desperate drowned himselfe as it were to giue vs a badge of this Doctrine 4 Touching oblations and offrings The Fathers vnder this name accounted all things that were giuē or dedicated to the seruice of God And in the first ages of Christiā religiō after the great persecutions the Church by this meanes began so to abound in riches that the good Emperours themselues were constrained to make laws not vnlike our statutes of Mortemaine to restrain the excesse thereof for feare of impouerishing their temporall estate In those daies many Churches had Treasuries for keeping these oblations as the Storehouses at Hierusalem appointed by Hezechias for the Temple but the succeeding Ages contracted them into Chests and in these later times the
An house of praier for all people that is publike foreuer not priuate nor appropriate to any nor a denne of theeues that is no place of Merchandise or secular businesse as Saint I●rome expoundeth it It must not be an Impropriation no man can or may hold it in that kind The time also when our Sauiour pronounced these words is much to the purpose as it seemeth to mee For it was after he had turned out the oxen doues that is the things for the Sacrifice As though hee thereby taught vs that when the Sacrificall function of the Temple was ended yet the sanctification thereof to bee an house of prayer for euer remained 11 This doctrine of our Sauiour is continued vnto vs by Saint Paul who seeing the Corinthians to profane the Church with eating and drinking in it though much good might follow thereby being orderly done as the encreasing of amity and the reliefe of the poore yet because it was against the reuerence of the place hee not onely reproueth them for it demanding if they had not houses to eat and drinke in at home but skaring them also by shewing the daunger they were falling into hee speaketh to them as with admiration Despise ye the Church of God As if hee should say is your religion now come vnto that or is that your Religion To despise the place that God hath sanctified vnto himselfe by making it as Saint Ierome saith Triclineum epularum a banqueting house God wondered in Malachy that any should spoile their gods And the holy Ghost heere wondereth that any should despise the materiall Church for so Saint Ierome expoundeth it Thus both of them wonder at one the same thing that any man should be so irreligious as to profane the reuerence due vnto God and that that is his 12 So precise therefore were the Ancient Fathers in this point that that meeke Saint of God Saint Augustine would by no meanes endure that any should vse clamors or dācing within the vi●● of the Church Yea hee termeth them Miserable and wretched men that did it And denounceth against them that If such came Christians to the Church they went Pagans home But when the Church it selfe came to be abused Oh how Saint Ambrose taketh it euen against the Emperour himselfe great Valentinian that required it for an Arian O saith hee let him aske that is mine my lands my goods and whatsoeuer I possesse I will not deny them yet are they not mine but belong to the poore Verum ea quae diuina sunt c. saith hee but those things that are Gods are not subiect to the authoritie of the Emperour If my lands I say be desired enter them a Gods name if my body I will carry it him if hee will haue mee to prison yea vnto death it pleaseth mee well I will not defend my selfe with multitude of people neither will I flie to the Altar desiring my life but with all my heart will die for the Altars And after in speaking of the impious Souldiers O that God saith hee would turne their hands from violating the Church and then let them turne all their weapons vpon mee and take their fill of my bloud And many such excellent speeches he hath for the sanctity of the Church and of the reuerēce due vnto it in his Oration De Basilicis tradendis My purpose is to bee short I will not therefore now enter any further into the authorities of the Fathers or meddle with the Councels and ancient Canons of the Church which abound so in this kind of zeale and haue established it against the Eustathians M●ssalians and Fraticelli heretikes and all other the enemies thereof with so many examples admonitions exhortations precepts threatnings curses and excommunications as it requireth a booke alone to repeat them 13 It seemeth a small thing to daunce in the Church-yard or to eate and drinke in the Church But sanctification saith Ierome speaking on this matter consisteth also euen in the small things Therefore Ecclesiasticus aduiseth vs that we giue not the water passage no not in a little For he that oponeth the waters but a little knoweth not how great a breach they will make at length So is it to make an entrance into sin or to breake the reuerence of holy things in trifles Therefore God punished seuerely the petty offenders in this kind not Corah onely and his company that inuaded the high function of the Priesthood but euen him that gathered the stickes on the Sabath day Numb 15. 34. And poore Vzzah himselfe whom Dauid so much lamented that did as it were but stay the Arke from shaking 2. Sam. 6. 6. and 1. Chron. 13. 9. and yet died for it because his hand was not sanctified to that purpose 14 I conclude this point with the saying of Salomon Pro. 20. 25. and let al men consider it It is a snare for a man to deuoure that which is sanctified and after the Vowes to enquire A Snare hath three properties First to catch suddenly Secondly to hold surely Thirdly to destroy certainly So was Vzza taken ere hee was aware hee did but touch the Arke and presently hee was catcht King Vzziah did but meddle with the incense and presently the Leprosie was on his face 2. Chron. 26. 19. Jeroboam did but stretch out his hand against the Prophet and presently it withered 1. King 13. 4. And as a man falleth suddenly into it so is it as hard to get out Vzza died in it presently Vzziah languished in it all his life and then died in it also Corah Dathan and Abiram were no sooner caught in this snare but it held them so surely as when all Israel else fled and escaped they their companions most miserable men were detained in it to their notorious destruction I might heere take iust occasion to remember what hath happened to many in this Kingdom that became vnfortunate after they medled with Churches and Church-liuings But I will run into no particularities Let those men and those families which are vnfortunate as wee terme them consider whether themselues their Fathers or some of their Ancestors haue not been fettered in this snare And let the Proprietaries of Parsonages also well consider these things For if Vzza died that did but touch the Arke to saue it what shal become of them that stretch out their hands against Churches to destroy them If the sticke-gatherer was stoned for so small a prophanation of the Sabbath what shall they looke for that by destroying the Churches destroy also the Sabbath it selfe in a manner as taking away the place appointed to the publike sanctification thereof And if Corah Dathan and Abiram offended so hainously in medling with the things of the Leuiticall Priesthood though they imployed them to the seruice of God what haue they to feare that vsurpe the things of the Gospel peruert thē wholly to their owne vse from the
prerogatiues belonging vnto him is to haue al the Tithes through the Kingdome in places that are out of any Parish for some such there be and namely diuers Forrests But for all this O! that his Maiestie would bee pleased to remember Syon in this point 18 I grow too tedious yet before I close vp this discourse let mee say one thing more to the Aproprietaries of Churches that happily they hitherto haue not dreamed of And that is that by hauing these Parsonages they are charged with Cure of soules and make themselues subiect to the burthen that lieth so heauily vpon the head of euery Minister to see the seruice of God performed the people instructed and the poore relieued For to these three ends and the maintenance of Ministers were Parsonages instituted as not onely the Canons of the Church but the bookes of the Law and particularly the Statutes of 15. R. 2. cap. 6. And 4. H. 4. ca. 12. doe manifestly testifie And no man may haue them but to these purposes neither were they oth●rwise in the hands of Monasticall pe●sons nor otherwise giuen to the king by the statute of dissolution then in as large and ample manner as the gouernors of th●se Religious houses had them nor by him conueied otherwise to the subiects For Nemo potest plus iuris in aliam transferre quam ipse habet No man may grant a greater right vnto another then hee hath himselfe And therefore goe where they will transeunt cum onere they carry their charge with them Vpon these reasons Proprietaries are still saide to bee Parsons of their Churches and vppon the matter are as the Incumbents thereof and the Churches by reason of this their incumbencie are full and not void For otherwise the Bishop might collate or the King present a Clarke as to other Churches as it seemeth by the argumēts of the Iudges in the case between Grendon the Bishop of Lincolne in Mr Plowdens Coment where it is also shewed that the Incumbencie is a spirituall function and ought not to be conferred vppon any but spirituall persons and such as may themselues doe the diuine Seruice and minister the Sacraments Therefore Dier L. Chiefe Iustice of the Common Pleas there said that it was an horrible thing when these Appropriations were made to Prioresses and houses of Nunnes because that although they were religious persons yet they could not minister the Sacraments and diuine Seruice Implying by this speech of his that it was much more horrible for Lay-men to hold them that neither could doe these holy rites nor were so much as spirituall persons to giue them colour ●or holding of spirituall things Therefore Seriant Rastal also termeth it a Wicked thing complaining in his time that it continued so long to the Hind●r●nce he saith of learning the impouerishing of the Ministry and to the infamy of the Gospell and professors thereof My Lord Coke also in the second part of his Reports saith that it is recorded in History that there were amongst other two grieuous persecutions the one vnder Dioclesian the other vnder Julian named the Apostata for it is recorded that the one of them intending to haue rooted out all the Professors and Preachers of the word of God Occidit omnes Presbyteros But this notwithstanding Religion flourished for Sanguis Martyrum est semen Ecclesiae The bloud of the Martyrs is the seed of the Church and this was a cruel and grieuous persecution but the persecution vnder the other was more grieuous and dangerous Quia as the History saith ipse occidit presbyrerium He destroied the very order of Priesthood For hee robbed the Church and spoiled spirituall persons of their reuenues and tooke all things from them whereof they should liue And vpon this in short time insued great ignorance of true religion and the seruice of God and thereby great decay of Christian profession For none wil apply themselues or their sons or any other that they haue in charge to the study of Diuinitie when after long and painfull study they shall haue nothing whereupon to liue Thus farre my Lord Coke I alledge these Legall authorities and leaue Diuinity because the Approprietaries of Parsonages which shield themselues vnder the target of the Law may see the opinion of the great Lawyers of our owne time and Religion and what the bookes of the Lawe haue of this matter to the end that we should not hang our consciences vpon so dangerous a pinne nor put too great confidence in the equity of Lawes which we daily see are full of imperfection often amended often altered and often repealed O how lamentable then is the case of a poore Proprietary that dying thinketh of no other account but of that touching his Lay vocation and then comming before the iudgment seate of Almighty God must answer also for this spirituall function First why he medled with it not being called vnto it Then why medling with it he did not the duety that belonged vnto it in seeing the Church carefully serued the Minister thereof sufficientlie mainetained and the poore of the Parish faithfully releeued This I say is the vse whereto Parsonages were giuen and of this vse wee had notice before we purchased them and therefore not onely by the lawes of God and the Church but by the Lawe of the Land and the rules of the Chancery at this day obserued in other cases wee ought onely to hold them to this vse and no other 19 It is not then a work of bounty and beneuolence to restore these appropriations to the Church but of duety and necessity so to doe It is a worke of duty to giue that vnto God that is Gods Mat. 22. 2. And it is a worke of necessity towards the obtaining remission of these sinnes For Saint Augustine saith Non remittetur peccatum nisi restituatur ablatum cum restitut potest The sinne shall not be forgiuen without restoring of that which is taken away if it may be restored It is duety iustice and necessity to giue them backe vnto God For if Judas who was the first president of this sinne were a thiefe as the Holy Ghost termeth him for imbeasiling that which was committed vnto him for the maintenance of Christ and his Disciples that is of the Church by the same reason must it also be the euery to withhold these things which were giuen for the maintenāce of the Church and Ministers of Christ. And herein it is a degree aboue that sinne of Iudas as robbery is aboue theft for Iudas onely detained the money deliuered vnto him closely and secretly but wee and our fathers haue inuaded Church-liuings and taken them as it were by assault euen from the sacred body and person of the Church It is a great sinne to steale from our Neighbour much greater euer● sacriledge to steale from God If it were so hainous a fact in Ananias to
Dei as best agreeing with the intent of the Hebrew which Hierome in the Preface to his translation professeth confidently by many witnesses that he hath changed in nothing I alleage all this but to 〈◊〉 that by what variety of words soeuer the translators expresse the originall Hebrew yet they all concu●re with this as the Fountaine and st●n●ard that prima intentione it 〈…〉 the holy things though in ●ecun●d it bee caried vnto temporall Our selues also in our owne English translation vnderstand the houses of God for places dedicated to the seruice of God And therefore in the 9. verse of the 74. Psalme where our Church-Psalter saith burnt vp all the houses of God in the land the Geneua and the Kings addition report it burnt vp al 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 doe I not deny but as I say Secunda intentione the words Sanctuarium or Houses of God in the 83. Psalme are truely carried to all Iudea and the people of God howbeit Hierome noteth expresly no such matter vpon it neither could Augustine find it in the litterall or historicall sence of the text and therefore he deduceth it to the people of God by way of Tropology vsing 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 qua erat templum dei per consequens terram Iudea cuius metropolis erat Hierusalem Arnobius likewise of the Ancient taketh it first for the Temple holy vessell then extensiuely for the people and Land of Israel As for Cyprian Origen Tertullian Ambrose Chrysostome Gregory they meddle not with it that I can finde nor Hierome otherwise then as I haue mentioned But admit that at this day most doe expound it for the Temporalties of the Iews aswell as for their Leuiticall and Sanctified things What doth this contradict my application of this Psalme against Spoilers of Churches or wherein is my errour I affirme the Genus vpon one of the membra diuidentia and they vpon both I vpon one not exclusiue and they vppon both copulatiue Doe not they then themselues affirme my assertion Let Schoolemen be Iudges Yea doe they not iustifie and enforce it For if God loueth the gates of Syon more then all the dwellings of Iacob Psal. 87. 2. that is the outward and petty things of his Church more then a●l the stately temporalties of his Lay people yea if he loueth Iacob but for Sion that is the People but for the Church then Ex necessario to consequente when the Prophet denounceth such heauy things against them that menaced Gods Lay people and their possessions how much the rather doth hee it against such as with greater fury and impiety afflict his more peculiar and chosen seruants his Cleargy his Leuites his first borne Against these I say that forbeare not to violate the things more deare vnto him His Temple his Oracle his holy mysteries that is things belonging to his honour and diuine seruice things and meanes ordained to the propagation of his blessed word For this is the consequence of destroying our Churches this killeth the bird in the shel and to a person offending in this nature wrote I my Booke By like reason it may also be said that this Psalme was framed against Heathens and Infidels which in open hostility assailed the Church people of God with fire and sword not against such as be our owne brethren of the family of the Church though in some sort they doe iniury vnto it I answere that the Ammonites and Moabites were also of the kindred of Israel yea the Edomites and Ismalites of the linage of Abraham aswell as the Israelites themselues yet when they ioined with them that sought the destruction of the Church the curses of the Pr●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 Heathen and Infidels yea and that also more iustly and deseruedly by the iudgement of the Prophet who accounteth the treachery of a familiar friend much more intollerable then the violence of an open Enemy Psalm 55. 12. But say I haue erred which indeed is too common with mee though it be humanum and doth the more easily befall mee hauing saluted the Schoole of Diuinity onely a longe and a limine I am therefore readie with Augustine to put it amongst my retractations if there be cause why yet as he said of Romulus Sed tamen errorē quo tu●atur habet For I am not the Author of this expositiō neither is it my own weapon but borrowed and put into my hand by others of elder time I confesse that as they which go to battell whet their swordes 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 ordinarie power nor all humors perswaded by ordinary reason Knowing therefore what was necessary in particular for the party to whom I wrot I applied my selfe and my pen to that particular necessity yet not with Zidkiah to seduce him by vntruthes but as a faithfull Michaiah to leaue nothing vntold that belonged to his danger See then what I haue to defend my selfe withall both of ancient later fathers Doct rs● of the church the first application as I take it that euer was made of this Psalme was only to the purpose I alleadge it by ●ucius a deuout Bishop of Rome in the bloody age of the primitiue Church about 225. yeeres after Christ of whom to let passe Cyprian Bale a man of our owne giueth this testimony That hee was a faithfull seruant in the Lords house and enriched his Church with healthfull doctrine and afterward being purified in the Lambes blood hee pierced the heauenly Paradice being put to death at Valentinians 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 hauing determined many things touching the Church somewhat also against spoilers and defrauders thereof concluding them by the example of Iudas to bee thieues and sacrilegious persons hee proceedeth with them in this manner De talibus id est saith hee qui facultates Ecclesiae rapiunt fraudant auferunt Dominus comminans omnibus per prophetam loquitur dicens Deus ne taceas tibi ne sileas c. Reciting the whole 83. Psalme euery word as you may see Tom. 1. Concil of Binn●us edition pa. 180. col 2. I tooke this reuerend Father and great Doctor of the Church liuing in the purity of religion in the times of persecution and so neere the