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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

subjects of England eminent for Wit as Learning great in the esteeme and favour of his Prince laden with home and Forraigne dignities full of wealth as yeares in briefe he was while free from Sacriledge the great and successefull Counsellor of his Prince and indeed the Catalogue of humane blessings but about the 17th yeare of Henry the 8th Woolsey by consent and licence of the King and Pope Clement the 7th e Holl. f. 891. Stow. Good f. 67. dissolves forty small Monasteries in England to erect two Colledges the one in Oxford the other in Ipswich thou and I may think this a work of Piety to destroy the poor Idolatrous Cells of lasie and ignorant Monkes to erect stately Cottages for learned and industrious Divines this God must accept and prosper both the Act and Acter No thou art deceived he that would not that thou shouldest doe evill that good may come thereof will not accept an offering commenced by Sacriledge in the ruine of 40 Religious Houses Woolsey layes the foundation of his Colledges but never sets up their Gates About three yeares after the King possesseth his Pallace at f Good f. 104. Holl. 909. Westminster Whitehall the Great Seale is taken from him his great wealth seised and himselfe confined to a poore house at Assure where he remained a time saith g God f. 106. Godwin without necessaries driven to borrow furniture for his house money for his expences so as in his speech to the judges he complained that he was driven as it were to begge his bread from doore to doore 21. Hen. 8. he is convicted in a Premunire all his Lands and Estate seised by the h Holl. 909. Good f. 67. Good 108. King his Colledge at Ipswich destroyed before built that at Oxford receives some indowment and a new name from the King but is never to be finished In the 22. H. 8. at his Castle at Caywood he is by the Earle of i Holl. 915. Northumberland arrested of High Treason and fent towards London at Lecester the Lievtenant of the Tower met him at whose sight he was much affrighted and to prevent a publique and ignominious death which he feared he gave himselfe saith k Mart. 304.306 Martin a Purge * Hist Pont. Rom. Card. f. 1408. Venenum recepisse say they that write the lives of the Popes Cardinalls whereof he dyed and was obscurely buried in Lecester Abby without other memory then his Sacriledge The Cardinall in dissolving his forty Monasteries had used the help of five men besides Cromwell whereof two afterwards l Good f 67. fought a Duell in which one is slaine and the survivor hanged for the murther so each dyed guilty of his own and the others blood a third becomes Judas-like his own executioner for throwing himselfe into a well he is there drowned the fourth a great Richman to whom nothing is so terrible as poverty lives to begge his bread from doore to doore the fift a Bishop cruelly murthered in Ireland by m Stow. abridg f. 498. Thomas Fitz. Garret sonne to the Earle of Kildare I might here remember how Tope Clement the 7th after his voluntary consent to destroy poore Religious Houses is himselfe forced out of his n Speed fol. 996. Hist Pont. Rom. Card. stately Pallace at Rome and being besieged at his Castle of St Angelo is there constrained to eate Asses Flesh and taking such conditions as a Victorious Enemy would give is driven to plunder his own Church to pay his Enemies Army and at last dyes wretchedly of a miserable disease but this is Forraign and I tyed to home examples Thomas Lord Audley received the first fruits of H. 8 his Sacriledge for in the 24th of his Raigne the King dissolved by what meanes I finde not the Priory of Christ Church in London and gave saith o Stow. 24. H. 8. Stow the Church Plate Lands to Sir Thomas Audley who upon the dissolution of Monasteries got that of S. James in little Walden in Essex and made it both his Seate and Place of his Barony and after left it to Margaret his Daughter and Heire first married to Henry Dudley Sonne to the Duke of Northumberland slaine at St Quintynes and dyed without Issue and after she was second Wife to Thomas Duke of Norfolke who had issue Thomas Howard created Lord Walden being his Grandfathers Title and to credit his Mothers Inheritance upon the Scite of the Monastery he began a goodly p Audly Inne Structure but attended with the fate of sacrilegious foundations for that much impaires him and he never perfects that he met also with other misfortunes which betiding so Noble a Family and not yet published to the World are fitter for thy inquiry then my Penn. Cardinall Woolsey being dead his servant Cromwell succeeds him in his Court Favour and Fate as their birthes were alike obsure their rise alike eminent so alike miserable were their downefall wonder not at the first part of their fortune but contemplate the later Policy in Kings preferres able men to high places and honour for authority power and esteeme of the Persons advantages their actions of which wise Princes reap the Harvest the Actors get but gleanings while the King makes Cromwell a Baron his Seeretary Lord Privy Seale his Vicegerent in Ecclesiasticis he doth but faciliate his owne great work of dissolving q Speed 10.6 Monasteries a businesse wherein Cromwell was too much versed and unhappily too successefull Report spake him a great Stickler for the Protestant Religion and that although the Gospell had lost a Pillar in Queene Anne Bullen yet was another raised in r Speed 1016.92 Cromwell for he had caused the Bible to be read the Creed Pater Noster and Ten Commandements to be learned in English and expounded in every Å¿ Good f. 146. Church some thought that Cromwell hoped to bury Popery in the ruines of the Abbyes and thereby give the better growth to the more pure Protestant Religion how pious soever his intents were in reforming Religion yet was not the manner of effecting them it seemes acceptable to Heaven for by Parliament in the 31 of H. 8. he perfected his Dissolutions and in April in the 32 of H. 8. he is made t Holl. 950. Earle of Essex and Lord Great Chamberlaine of England high in the Kings favour and esteeme yet instantly while sitting at the Councell-Table he is suddainly apprehended and sent to the Tower whence he comes not forth untill to his u Goodw. fol. 174. Execution for in Parliament he is presently accused of Treason and Heresie and unheard is attainted Some do observe that he x Sir Edward Cook in his Iurisdiction of Courts f. 37. saith that Sir Tho. Gaudy then a grave Judge of the Kings Bench after told him that Cromvvell was commanded to attend the Chiefe Iustices to know whether a man that was forth comming as being in Prison might be

whether thou having the appropriation and Tithes but as the Abbot had them and receiving the profit as the Abbot did art not as the Abbot tyed in Law and Conscience or one of them to performe the duties for that he was appeares by the opinion of all Judges 18. Eliz Plow fol. 496. where it is said by the Judges that none is capable of an appropriation for so the Law calls them but onely bodies politicke not naturall and the reason is because he that hath the appropriation is to be perpetuall incumbent which a naturall body that must dy could not be And that body politicke to have the rectory the glebe and tithes must be Spirituall not Lay. For in that he is made Parson saith the booke he hath the cure of the soules of the parishioners and therefore must be Spirituall for by the same reason that a patron cannot present a Lay-man to his Church by the same reason a Lay-man cannot be an Appropriator For they are both Parsons of the Church the presented Parson for life the Appropriator for ever And therefore Plowden saith that the Appropriator be he Abbot or Prior c. is as fully incumbent Parson as if he had beene presented instituted and inducted and as Parson shall have his Actions and that he that is duely made Parson is thereby made possessor of the Parsonage for the spirituall Office plow fo 500. attracts the possessions of the things belonging to the Office and in that he is Parson he receives the Tithes not as granted to him but as things annexed to the Office of a Parson And Tithes are frequently in our Common Law termed spirituall things because annext to the spirituall Office By these Bookes and resolutions of the Judges it is cleare that the appropriatour was the incumbent Parson and had the cure of the soules of the Parishioners Fol. 33 35. and that upon the presentation of the appropriatour or upon the dissolution of the Abbey the Church became voide and presentative as other Churches upon resignation or death of the incumbent For appropriations as thou now seest were but Parsonages with cures of soules annext and appropriated to a particular Abbey or Religious house For when their Fraternities became numerous their annuall charge greater then their yearely revenue providence to provide for their family made them thinke how to increase their income And themselves being patrons of many rich parsonages obtained severally as occasion served licence from the King and consent from the ordinary to annex or appropriate that parsonage to their Abbot and his successours for ever whereby they became perpetuall incumbent parson and anciently did duely officiate the Cure by one of their Fraternity untill the Statute of Rich. 2. prohibited the appropriating any Church 15. Ric. 2. ca. 6. unlesse a Vicar be conveniently indowed by the discretion of the Ordinary to doe divine service and keepe hospitality 4 H. 4. ca. 12. and the Statute of 4 Hen. 4. ordained that no Religious as Monkes and Fryers were should be made Vicars to any Church appropriated but Seculars as our Ministers now be canonically instituted and inducted Upon these Statutes it will concerne the owners of Churches appropriated since 15 Rich. 2. to see that out of the profits of the Church a convenient summe of money be yearly paid to the poore parishioners 15 Ric. 2. ca 6.4 H. 4. ca 12. and a Vicar indowed as the Statute of the 15. of R. 2. appoints or else the Stat. 4 H. 4. avoids the appropriation and then the Church becomes againe presentative But some will object that impropriate Churches with their oblations and Tythes the fat of impropriations are made Lay and Temporall and as Lay and Temporall things disposable at the will of the owner a doctrine which so nearly concernes the estates and lively-hood of so many men in this kingdome as I shall not averre the contrary least some Demetrius with his fellowes tumuit about it yet give me leave to offer thee some opposite considerations but leave them and their result to thy judgement and conscience Consider first that while God saith that ye have robbed me of my Tithes and offerings God claimes the title and interest of them to be in him not in the Preist nor in the Levite they being but the usu-fructuarii God the owner Remember too 27. H. 8. ca 20. 32 H. 8. cap 7. that our Statutes have declared Tithes to be due to God and holy Church and thy with-drawing thy Tythes a neglecting thy duty to Allmighty God and then consider that if the Tithes be Gods it matters not whether his title be by Divine right as our a Dier 28. H. 8. so 43. tithes are due by the Law of God ex debito Co. 2. Wiochest case so 45. b. tithes are due by Divine Right Law and Lawyers not to presse that with the resolution of Councells and opinions of Canonists Fathers and Divines quoted by the Author have taken them to be or by humane Constitution for what Statute what Law can conclude God or bind his right Then weigh how the King from whom thou claimest had the Tithes thou hast and to what intent he had them The Statute of 27. H. 8. gives the King the smaller Abbyes and houses of Religion with their Appropriations and Tithes To the greater H. 8. makes his title by grant and surrender of the Abbots Priors which between the 27 and 31. H. 8. had been laboured by Cromwell with some he prevailed by intreaty and good Annuities with others by the Kings Power Sword for the Abbots of b R. Whiting Glassenbury c Hugh Farring●on Reading and d Iohn Bech Goodw. 167. Colchester whose innocency had made them regardlesse of Threats and their piety abhorre rewards to betray their Churches were therefore saith Goodwin tenderd the e There was no Oath of Supremacy untill 1. Eliz. but these that denyed H. 8. to be supream Head of the Church were indicted upon the Statute 26. H. 8 c 12. since repealed for that they malitiose optantes desiderantes volentes deprivare Domin Regem de dignitate titulo nominee status s●● regal Said that the King was not Supreame Head of the Church And upon this were Fisher Bishop of Rochester Sir Thomas More Exmew and divers others indicted convicted and executed by vertue of a Commission of Oyer and Terminer directed to Audley Lord Chancellour the Duke of Suffolke and other Lords and all the Judges as appeares by the Reports under the hand of Sir Iohn Spelman who was then a Judge of the Kings bench Oath of Supremacy which they refusing are as enemies to the State condemned and hanged others terrified by their examples leaves all to the dispose of the King who not resting on that title procures the Statute of 31. H. 8. c. 13. which reciting how truly doe thou judge the Grants Surrenders c. to have been made freely

left undissolved by H. 8. In the third yeare he permits if not procures his Brother Thomas Lord Seymore untried saith o Godwin fo 227. Goodwin to be attainted by Parliament and shortly after not unblamed signed a Warrant for his Execution whereupon his Brother lost his Head and he a friend The same yeare his zeale to Reformation addes new sacriledge to his former for he defaces some part of St Pauls p Stowes Aunalls Church converts the Charnell-house and a Chappell by it into dwelling Houses and demolishing some Monuments there he turnes out the old bones to seek new Sepulchers in the Fields next he destroyes the Steeple and part of the Church of St Johns of Jerusalem by Smithfield Ibid. and with the stone beginneth to build his house in the * Somerset House Strand but as the leprosie with the Jewes with us the curse of Sacriledge cleaves to the Consecrated stone and they become insuccessefull so as the Builder doth not finish his House nor doth his Sonne inherit it In the fifth yeare of Edward the 6th the Duke was indicted and found guilty of Felony which was saith Hollinshead upon a Statute made the third and fourth of Edward the 6th and since repealed whereby to attempt the death of a Privy Councellour is Felony Godwin saith upon the Statute of 3. H. 7. but erroniously that not extending to Barons it is observable that this Law was but the yeare before passed by himselfe and himselfe the only man that ever suffered by it The Statute being since repealed q Godwin fo 247. Godwin observes and wonders that he omitted to pray the benefit of his Booke as if Heavens would not that he that had spoyled his Church should be saved by his Clergy and it is observable that in the Raigne of Edw. 6th none of the Nobility dyes under the Rod of Justice but the Duke of Somerset and his Brother the Lord Admirall all the Vncle 's the King had and their Crimes comparatively were not haynous Did these men dye the common death of all men or are they visited after the manner of all men if not beleeve they provoked the Lord and consider that if they sinned in the first prophanation thou that continuest their act can'st not be innocent Here thou mayest see God observing a Decorum in his punishment of Sacriledge the Issue of the Conqueror are strangely almost miraculously slaine in the New-Forrest where their Father committed the Sacriledge Woolsey that by the Kings licence and power had destroyed 40 Monasteries is by the Kings power ruined and at last driven to seek entertainment and an obscure grave in a Monastery his Agents that had thrust themselves into his sacrilegious imployment are themselves their owne Executioners guilty of their owne Blouds Pope Clement the 7th that willingly permitted the spoyle of 40 poore Monasteries to erect two Rich Colledges is himselfe necessitated to Plunder his owne rich Church to preserve his poore decayed Person The Lord Cromwell and Duke of Somerset commit their Sacriledge by Acts of Parliament and by Acts of Parliament they perish every one by the Sword wherewith he strikes And since in the Acts of Parliament for dissolution of Monasteries the whole Kingdome was involved either by their Personall consent as Barons or their implicite consent in the representative body in the House of Commons we have just cause to feare and pray least God still observing his order and turning our Artillery upon our selves should make use of a Parliament whereby our Fathers robbed him to destroy us their Children I have here given thee instance only of such as were the first Actors in the Violation and subversion of Monasteries least therefore thou shouldest thinke the crime and punishment endeth with them Consider with me the condition and successe both of our Common-wealth in generall and of Private Families in particular before the Dissolutions and observe them after and we shall find just cause to thinke there is a cursed thing amongst us For while our Religious houses stood they imploying their Revenues according to their Donors direction opened wide their Hospitable gates to all Commers and without the charge of a Reckoning welcommed all Travailers untill the Statute of 1. Edw. 1. restrained and limited them and casting their Bread upon the Waters they releeved the Neighbouring poore without the care of the two next Justices of Peace or the curse of a Penall Law while they stood the younger Children both of Lords and Commons were provided for without the ruine of their Fathers Estate or almost a charge to their Parents and not left as now often to an unworthy necessitous and vitious course of life we had then no new Lawes the off-spring of new Vices to erect Houses of correction for lewd and r Vid. 43. Eliz c. 3. vagrant Persons to provide stock to bind poore Children Prentises or to make weekly Leavyes to maintaine the weake lame indigent and impotent People to our new charge of an Annuall Subsidie at least for these were provided for those prevented by the charity of our Religious Houses and then the Families and Estates of our Nobility and Gentry continued long through very many descents But when covetous sacriledge got the upper hand of superstitious charity and destroyed all our Monasteries all our Religious Houses the preservers of Learning both Divine and Humane by their Learned workes and laborious Manuscripts the suppressors of Vice by their strict regular and exemplar life though some nay many among them Sonnes of Ely made the offerings of the Lord to stinck before the People Then all their Houses all their Lands Appropriations Tithes and Oblations 〈…〉 Par. Churches 9232. Cam. Brit fo 162. 9284. whereof impropriate 3845. comming into the Kings hands Policy to prevent a restitution distributes them among the Layety some the King exchanges some he sells others he gives away and by this meanes like the dust flung up by Moses they presently disperse all the Kingdome over and at once becomes curses both upon the Families and Estates of the owners they often vitiously spending on their private occasions what was piously intended for publique Devotion insomuch that within Twenty yeares next after the Dissolution more of our Nobility and their Children have been attainted and dyed under the Sword of Justice then did from the Conquest to the Dissolution being almost five hundred yeares so as if thou examine the List of the Barons in the Parliament of the 27. H. 8. thou shalt find very few of them whose Sonne doth at this day inherit his Fathers Title and Estate and of these few many to whom the Kings favour hath restored what the rigorous Law of attainder took both Dignity Lands and Posterity And doublesse the Commons have drunke deep in this Cup of deadly Wine but they being more numerous and lesse eminent are not so obvious to observation Thou hast seen the insuccesse of H. 8. and his Family and mayest observe his