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kingdom_n	church_n	emperor_n	king_n	2,169	5	3.7645	3	false

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

done I demand what your opinion is of such a Legacie Modestinus answers thus Whereas the Testator would haue a publike Show in the Citie but such a one as is not lawfull to be celebrated it were vniust that so great a summe of Money which the defunct had destined to that end should fall to his heyres Wherefore his heyres and the chiese of the Citie being called together let them aduise to what other vse the Legacie may be conuerted that the Testators memorie may by some other lawfull meanes be preserued Thus Modestinus Lib. 9. Responsorum By which Law it is easie to iudge what wee are to thinke of those Legacies which are left for saying of Masses Moreouer the Couetousnesse of Clergie-men was so vnsatiable that they procured infinite superstitious Gifts and Legacies beyond all stint and measure And when the peoples Liberalitie began to fayle they bought Lands Mannors and sometimes whole Countreys Insomuch that at last they would haue gotten the whole Christian World into their possession had not Kings and Emperors seeing the dammage which their States were like to sustaine limited and restrayned them by their Lawes It concernes therefore wise Magistrates to looke about them lest they stumble at the same Stone CHAP. IIII. An Answer to the Reasons layd downe in the former Chapter IN Answer whereof We are to take heed least auoyding one extreme we run like Fooles into the other If we iudge our Fore-fathers were too profuse ought not their Error admonish vs that we also are Men and that it is easier to fall into the contrarie vice then to keepe a meane And that the streame of Auarice and base niggardise may transport vs too farre For admit that the Clergie if the Lawes of Christian Princes had not bridled them would haue heaped vp infinite wealth to the great derriment of the Land and that many things giuen them were partly superstitiously bestowed partly more then needed It followes not that therefore none of those Donations made to the Church were lawfull pious well-pleasing to God consonant to his Word and profitable and necessarie for his Church If there were in those things any thing superfluous it might be pared away And what was consigned to Superstition and Idolatry might with them be abrogated or put to better vses But whereas they say that what was done in that kind was wholly for the abolishing of Popish Tyrannie and establishing of the Gospell it is a meere pretext For the truth is a sort of craftie Knaues grossely abusing the Gospel and the Preachers thereof whom they easily perswaded made hauocke of the Churches Estate which I will not further speake of For if I stirre this Dung-hill the sent will be intolerable Let vs now examine what hath beene alledged in defence of Sacriledge First it is sayd that the Reuenewes of the Church did maintaine Superstition and Idolatry which being banisht they could not by the Lawes come to any but to the publike Treasurie But to discouer the fallacie of this Assertion I affirme that there is great difference betwixt Things destinated to Impious and Idolatrous vses and those Things which Men abuse to Luxurie or Impietie There is nothing so sacred which wicked Men will not abuse The Abuse of a good thing alters not its Nature neither were all the Riches of the Church of Rome giuen her to bad and vnlawfull Ends. For much was giuen heretofore for the support of Church-Ministers and the Poore which though it were abused by the Romish Clergie yet the propertie of those Donaries was not quite changed thereby Of Donations made to Churches some praeceded the corrupt times of the Church others followed after For it is certaine that the Faithfull began to contribute to the Church euen at the first planting thereof in the Apostles times Now those which praeceded the corruption of the Church none can deny but were consecrated to God The Bishop of Rome and other Heretickes found the Church planted by the Apostles and endowed with a competent estate considering the times whereto though they did by vnlawfull meanes adde much more yet is not all that to be vtterly condemned but the End thereof to be regarded For in the Romish and other Hereticall Churches are many things which considered aright in their kind are truly Christian and commanded by God such as are the sacred Ministerie of the Church and Prouision for the Poore Now whatsoeuer was giuen to either or both of these was vndoubtedly giuen to a pious end and might haue a sanctified vse We ought therefore not so much to looke to the prophanation of them as to the Qualitie of the Things themselues to which no man either by prescription or continued abuse can purchase any Right But if it chance that the prophane or Idolatrous vse be abolisht they ought to returne to their primitiue and lawfull vse The Arke of God was taken and abused by the Philistims yet it did not therefore cease to be consecrated to God and being afterwards sent home by the Philistims it was as much to be respected as before The Vessels and Ornaments of Salomons Temple were carryed by Nebuchadnezzer to Babylon where he put them into the Temple of his Gods and in his manner did religioussy esteeme of them Now when Cyrus had taken Babylon he might by the right of Conquest haue made clayme to them but vnderstanding that they did sometime appertaine to the Diuine Worship in Salomons Temple he durst not meddle with them but commanded them to be restored to their former vse lest hee should fall into the same sinne of Sacriledge for which God had punisht Balthazar Those things therefore which in a pious intent were once giuen to the Church are consecrated to God and may not lawfully be transferred to other vses CHAP. V. A Triple difference of Ecclesiasticall Reuenewes possest by the Romane Church at this day BVt whereas all the Endowments of the Church of Rome are not of the same kind wee ought not to iudge of them all alike There is a three-fold difference of them In the first Ranke I put those things which our Ancestors gaue for the maintenance of Church-Ministers and the Poore Next what was giuen superstitiously as for Massing for the Quicke and Dead and whatsoeuer was bequeathed to Monkes Nunnes and Soule-Priests Lastly I reckon those infinite Donaries pernicious to the State of Christendome which were vnaduisedly giuen by Kings and Emperors or by force or fraud extorted from them of which sort are Inuestitures of Ecclesiasticall Feudes giuen by Princes to the Church and in that regard belonging thereto which neuerthelesse the Pope claymes as his Right As also those Kingdomes which are made tributarie to the Pope wherein he challenges a perpetuitie I speake not of the Monarchy of the whole World which hee likewise makes claime to These things since by diuine and humane Right they pertaine to Kings the things which are Caesars ought to be restored to Caesar For our Lord hath forbidden

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