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A30253 A case concerning the buying of bishops lands with, the lawfulness thereof and the difference between the contractors for sale of those lands, and the corporation of VVells, ordered, Anno. 1650, to be reported to the then Parliament / with the necessity thereof, since fallen upon Dr. Burges. Burges, Cornelius, 1589?-1665. 1659 (1659) Wing B5670; ESTC R11486 85,757 85

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each particular Congregation or Parish Church as Glebes for their habitation and necessary provision of Cattle for their use are accepted of God as sacred because Himself commanded the like for the Priests of the Law who had sundry other obventions and in-comes by the Levitical Offerings and Sacrifices which Ministers now cannot enjoy and it cannot be thought that God or Christ will be more wanting to Ministers of the Gospel than to the Priests of the Law And as God forbad the sale of those Lands vvhile that Priesthood continued so it vvill accordingly follow that parochial Glebes are not to be sold from the Church so long as they be imployed for the maintenance of such Ministers as truly and faithfully preach the Gospel to the people of those places where such Lands are given For the very Churches to which they are annexed vvere built by men of quality and piety for the good of the souls of the living and those Glebes vvere bestowed for the incouragement of such Godly Pastors as ministred unto them the bread of life so far as the Founders vvere able to judge Indeed vvhere Popes have appropriated them to his Italian tools and Creatures or unto those Augaean Stables the Monasteries erected in height of Popery vvho never took care to feed the Flocks of God in those places there they that called themselves the Church first led the vvay to Sacriledge in the point of Glebes by perverting and aliening them from their true use to pamper the bellies of Epicures and to maintain the State and Pomp of Atheists under the name and habit of the Prelatical Clergie Let none therefore vvho are of the Prelatical Party and cry out so much against Sacriledge blame the late Parliament for selling some Glebes that had been so appropriated and impropriated for they did but therein follow the same path vvhich those carnal Prelates had trodden out unto them Which if it be Sacriledge it is nothing but vvhat the Papal Church had taught them to commit If any should dream that the setting out of the holy portion of Land about the Sanctuary h Ezek. 45. cap. 48. shewed to Ezekiel in a Vision as a type and prophecie of the state of the Churches of Christ under the Gospel is both a vvarrant and command to set out Lands to be holy unto God under the New Testament that would be no other but a manifest perverting and overthrowing of the genuine sense of those Scriptures For although it be on all hands agreed that from the 40 chapter of Ezekiel to the end of that Book the main scope is to decipher and describe the state of the Church under Christ and his Gospel yet it is not affirmed by any one Author that the Temple there intended and Gods command there given touching the setting out of Lands for the same are to be understood properly according to the Grammatical construction of the vvords as if God meant to erect another new material Temple at Hierusalem in Judea and to revive and establish the same Levitical Offerings and Sacrifices formerly offered by Aaron and his Sons to be again offered by Zadock and others of Aarons Order But See Jun. in Ezek. 40. that all is spoken in a figure and in a spiritual sense yet under legal expressions and by vvay of allusion to the material Temple of Solomon as being the most glorious instance that could then be found to illustrate and most lively to set forth the far more glorious estate and spiritual endowments of the Evangelical Church of Christ the New Hierusalem vvhich should so far exceed that in Judea as the Heavenly Hierusalem i Heb. 12.22 doth the earthly and as the spiritual Temples of the living God do excel that of Solomon Wherefore to dravv an argument thence for the consecrating of Lands in a proper sense for the maintenance and state of Bishops is not only to proclaim him to be a weak man that doth it but to publish to all the vvorld that there is no ground in Scripture as indeed there is not to found any Title of Bishops Lands upon The Original of Bishops Lands in England The Original then and by consequent the Title of Bishops Lands in this Kingdom can derive no further or higher than the abused magnificence and bounty of Princes and others nuzzelled in ignorance and superstion both before and since the Conquest in the height of Popery vvhereby Monasteries and Cathedrals have been endowed vvith large portions of Land and other Revenues under the specious pretence of giving them to God and Holy Church even to the impoverishing not of private Families alone but of the Kingdom also Nor vvere they given indeed to maintain a Preaching Ministry to instruct the people in the true knowledge of Christ and his Gospel for this most of those men that held those Lands ever persecuted but for Superstitious ends and uses and imployed for the most part to maintain the Riots Pomp and State and other excesses and lusts of Abby-Lubbers and other belly-gods and drones to the great dishonour of God and scandal of the Gospel Therefore it is to be observed that the greatest and richest indowments of Cathedrals and Monasteries with Lands in England were made when Satans Throne was most exalted and his Kingdom in greatest peace even in times of thickest Popish darkness when even Kings themselves and Nobles scarce knew a letter nor the rest understood any thing of Christ or Religion no nor of the very Laws of the Nation but what the Prelatical Popish Clergie whose policy and interest it vvas to keep all in grossest ignorance thought fit at some special times for their own gain and advantage to communicate The Clergie being the sole Masters of the times and holding all the chief Offices and Places of Power and Judicature even in the State as vvell as in the Church did vvhat they list both with King and People And with their familiar spirit of Excommunication the great Mormo and scare-crow of the Laity they could and did conjure in to their own and other Churches what quantities of Lands or of ought else that was beneficial they pleased But in nothing did they exercise so much tyrannie as over the consciences of men according to what was prophecied by their greatly pretended Patron and Pillar St. Peter k 2 Pet. 2 1 3. who gave warning long before of their wiles and tricks whereby through covetousness with fained words they would make merchandise of the people This they did not only as they of old that swallowed up the needy first by making them poor and then buying them for silver and the needy for shooes l Amo. 8.6 but as those Merchants of Babylon whose Merchandise was not of beasts and sheep of Horses and Charets of Slaves and bodies alone but of Souls of men m Rev. 18.13 And as they kept the people in ignorance the more easily to prey upon them so they purposely winked at
thousand rivers of Oyl q Mic 6.7 although Elies sons and Papalins too would have found room enough for all but what and how many Rams and how much Oyl God in his Law had appointed This is so clear in the Levitical Law that he that runs may read it If therefore the devoting of free-will-Free-VVill-Offerings could not then legitimate and make them sacred unless God himself had given the rule therein how can it be seriously affirmed That any thing given by men under the Gospel can be sacred unless it be such as they have received VVarrant and Rules from God for the giving of it And if not sacred how can it be Sacriledge to alien it to common Uses VVill God own any thing as Holy for which Himself hath not given Order More Orthodox and clear is the Exposition r In Pro. 20.25 of that holy and now blessed Saint in heaven Mr. John Dod To devour that which is holy is saith he to pervert those things which are by God's Ordinance appointed for His service from the right Vse of them to a mans own private gain and commodity Thus the learned Danaeus gives almost the same description of things properly called Sacred which to purloyn or alienate makes guilty of Sacriledge Res Divinae appellantur quae sunt ad sacrum Dei cultum destinatae quasve sibi interdicto prolato Dominus reservavit in usu commercioque hominum esse vetat Quarum rerum furtum dicitur Sacrilegium They are termed divine things which are destinated to the sacred Worship of God or which by some interdict or prohibition of God he hath reserved for Himself and forbidden to be imployed for the use or commerce of men The stealing of which things is called Sacriledge So then Sacriledge Sacriledge described according to Scripture is the robbing of God by alienating detaining purloyning or perverting that which is Gods own by Divine Right and thereupon due to the Ministers of the Gospel whether the things be set apart by express Command or voluntarily given by men by vertue of some special Warrant and Direction from God That Sacriledge is a robbing of God we have His own Word for it both in the Old Testament ſ Mal. ● 8 and in the New t Rom. 2.22 It is opposed to offering to an Idol therefore it must needs be a taking from God And that this is committed by aliening detaining purloyning or perverting of things due to Ministers by Divine Right is clear by that of the same Apostle u 1 Cor. 9.9 Thou shalt not muzzle the mouth of the Ox c. applied to prove the Divne Right which Gospel-Ministers have to maintenance from those to whom they preach Of which Bishops Lands were never any part being no where commanded or directed by God So that the buying of them now cannot be Sacriledge It hath been indeed confidently affirmed that Dr. Burges himself openly acknowledged at the Bar of the House of Commons in Parliament in w May 11. 1641. his Answer to Dr. Hackets speech there made in the names of all the Deans and Chapters in England for preventing the alienations of their Lands and Revenues that To take away those things from the Church was Sacriledge But this is an unjust Aspersion Dr. Burges did indeed declare a concurrence with Dr. Hacket in admitting that the alienating from the Church any thing settled upon it by Divine Right is Sacriledge but nothing else It was far from him to include all that Cathedral men enjoyed to be theirs by Divine Right or to admit that it was Sacriledge to alien any thing that was theirs not by Divine Right as that flashy jeering Author of the late published History of the Church upon hear-say onely and out of Resolution calumniari fortiter hath falsly reported him He intended no more in that speech then what he had long before x An 1625. published in a Preface to a little Tract of Personal Tythes where he useth these words To that Tenet viz. that Tythes are due jure Divino I subscribe Affirmatively ex animo But with Cautions 1. Tythes I say not ought else are due by Divine Right to Ministers of the Gospel 2. I never was nor I think ever shall be of that Opinion that all Tythes within such or such a Circuit of ground now by positive Law made but one Parish are absolutely and without all Exception due by Divine Right to the Person of one single Incumbent there But to the Church * Or rather unto Christ her Lord and thereby to her in whose name he receiveth them Had he granted more he had deviated from Truth And should it be proved by an hundred Witnesses that he fully concurred with Dr. Hacket in that Point this could not make Sacriledge of larger extent then what it is indeed What he then spake was on the sudden not having an hours time to ponder his Expressions That is to be taken for his Judgement which upon serious study he had published so many years before And if any such thing as is charged upon him fell from him in the House of Commons he doth renounce it as an Error If any man shall upon this occasion A Digression for further clearing of what is here undertaken and for more full clearing of this Point demand some further Scripture Grounds to make it out that neither the late selling nor buying of Bishops Lands is Sacriledge let him without prejudice or passion ponder these two things First That Tythes are the proper maintenance set out by God for the Ministers of the Gospel and cannot be alienated without Sacriledge 2. That there is no Warrant in Scripture for the giving of Lands to Bishops nor argument to prove God's acceptance of them as holy to the Lord. And therefore it cannot be Sacriledge now to alieu them or purchase them from the Church The first thing undertaken is this That all yearly tythes of the Ground Cattle Fruits and of all things else are still due by Divine Right unto Christ and by him are given to his Servants in the Ministry of the Gospel and may not be alienated For proof hereof consider these six Particulars 1. Tythes are Jure Divino 1. Tythes are called by God himself his Inheritance Deut. 18.1 where he gave to the Levites two things the Offerings and Tythes for their maintenance They shall eat the Offerings of the Lord made by fire and his Inheritance that is the Tythes For these only were his Inhetance which is there distinguished from the Offerings made by fire So he declared himself unto the Levites Num. 18.24 When ye take of the children of Israel the Tythes which I have given you from them for your Inheritance He that gives them as their Inheritance must first have a propriety himself in them as his own Inheritance Hence he chargeth with sacriledge such as detained either of these from the Priests and Levites as robbing of himself Ye