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A74974 De non temerandis ecclesiis, churches not to be violated. A tract of the rights and respect due unto churches. Written to a gentleman who having an appropriate parsonage, imployed the church to prophane uses, and left the parishioners uncertainely provided of divine service, in a parish neere there adjoyning. / Written and first published thirty years since by Sir Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641.; Spelman, Clement, 1598-1679. 1646 (1646) Wing S4921; Thomason E335_5; ESTC R200775 67,012 74

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water of his owne well eate the milke of his owne flock and live by the fruit of his owne vineyard I meane that every member might attract no other nutriment but that which is proper to it selfe Yet are they greatly deceived that draw any juice of encouragement from these examples For all these are either the Seminaries of the Church or the Husbandmen of the Church or the Fathers and Nurses of the Church all de familia Ecclesiae and consequently belonging to the care of the Church and ought therefore to be susteined by it for Saint Paul saith He that provideth not for his owne and namely for them of his house-hold he denieth the faith and is worse then an Infidell 1. Tim. 5.8 a All Church revenues were at first paid to Bishops and by them distrin buted to the Preists poore c. after the Bishops were to have a fourth part of all tithes Per Concil Aurelian Mogunt Tribur Hanet c. Et per Conc. Tarraeon the third part Therefore before the statutes of suppression of Abbies those that were not meerely Ecclesiasticall persons yet if they were mixt or had Ecclesiasticall jurisdiction they might by the Lawes of the Land participate Ecclesiasticall livings and b Plowd in Quare imper Grend L. Coke Report part 5. fol. 15. Tithes particularly And this seemeth to take some ground out of the word of God For the provinciall Levites as I may terme them whom c 1. Chr. 26.30.32 David severed from the Temple and placed abroad in the Country to be rulers of the People in matters pertaining to God and the Kings businesse that is Spiritually and Temporally had their portions of tithes notwithstanding as well as the other Levites that ministred in the Temple Now that the King is d Se Plowd in Quar. Imp. Gren. Et L. Coke de Jure Regis Eccles part 5. Persona mixta endowed as well with Ecclesiasticall authority as with temporall Is not only a sollid position of the common Law of the Land but confirmed unto us by the continuall practise of our ancient Kings ever since and before the Conquest even in hottest times of Popish fervency For this cause at their Coronations they are not onely crowned with the Diadem of the Kingdome and girt with the sword of Justice to signifie their Temporall authority but are anoynted also with the c Reges sacro oleo uncti sunt spiritualis jurisdictionis capaces 33. Ed. 3. tit Aide de Roy 103. Ex Dom. Coke Repor part 5. oyle of Preisthood and clothed Stolâ Sacerdotali and veste d Dalmatia est vestis qua modo utuntur omnes diaconi ex consuetudine in solennitatibus ut 70 distin de jejunto Antiquitus tamen sine concessione Papae nec Epis copis nec Dia conis licebat uti hac veste Distinct 23. cap. Omnes filius Prateus Dalmaticâ to demonstrate this their Ecclesiasticall jurisdiction whereby the King is sayd in the Law to be Supremus Ordinarius and in regard thereof amongst other Ecclesiasticall rights and prerogatives belonging unto him is to have all the e 22. Edw. 3 lib. Assis plac 75. L. Coke par 5. fol. 15. a. Tithes through the Kingdome in places that are out of any Parish for some such there be and namely divers f As Inglewood c. ut patet an 18. Edw. 1. inter petitiones coram domino Rege ad Parliamentum Forrests But for all this O! that his Majestie would be pleased to remembet Sion in this point 18 * The danger that Proprietaries of Parsonages stand in I grow too tedious yet before I close up this discourse let me say one thing more to the Approprietaries of Churches that happily they hitherto have not dreamed of And that is that by having these Parsonages they are charged with Cure of soules and make themselves Subject to the Burthen that lieth so heavily upon the head of every Minister to see the service of God performed the people instructed and the poore releived For to these three ends and the maintenance of Ministers were Parsonages instituted as not only 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. do manifestly testifie And no man may have them but to these purposes neither were they otherwise in the hands of Monasticall persons nor otherwise given to the King by the statute of dissolution then a See the extent of these words in L. Coke part 2. fol. 49. And note also that Parsonages appropriate are not mentioned in that Statute of 27. H 8. and the word tithes there seemeth to be meant of tithes belonging to the bodies of the Monasteries not of Parsonage tithes Ideo quaere how the King had them before the Statute of 31. Regnesui in as large and ample manner as the governours of those Religious houses had them nor by him conveied otherwise to the Subjects For Nemo potest plus juris in alium transferre quam ipse habet No man may grant a greater right unto another then hee hath himselfe And therefore go where they will transeunt cum onere they carry their charge with them Upon these reasons Proprietaries are still said to be Parsons of their Churches b Parsonimpersonee and upon the matter are as the incumbents c For the Monasticall persons and Prioresses themselves that could not performe the divine service were notwithstanding the Incumbents of their Churches and lay Approprietaries claiming under their right ought also to be subject to the same burthens thereof and the Churches by reason of this their incumbency are full and not void For otherwise the d There is yet no expresse law made to take away the Bishops jurisdictions over Churches appropriate that I can finde Ideoquare how it extendeth Bishop might collate or the King present a Clarke as to other Churches as it seemeth by the arguments of the Judges in the case betweene Grendon and the Bishop of Lincolne in Master Plowdens Coment where it is also shewed that the Incumbencie is a * See Dier Tren 36. H. 8. fol. 58. pl. 8. spirituall function and ought not to be conferred upon any but spirituall persons and such as may themselves do the divine Service and minister the Sacraments Therefore Dier L Cheife Justice 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 divine Service Implying by this speech of his that it was much more horrible for Lay-men to hold them that neither could do these holy rites nor were so much as spirituall persons to give them colour for holding of spirituall things * Termes of the Law in verbo Appropriation Therefore he that inlarged the Termes of law first set forth by John