De non temerandis Ecclesiis. OF THE RIGHTS AND RESPECT DVE VNTO THE CHVRCH.
INsomuch as the rights and duties that belong to our Churches are in effect contained under the name of a Rectory or Parsonage: I will first define, what I conceive a Rectory or Parsonage to be, according to the usuall forme and manner thereof.
A Rectory or Parsonage, is a Plowd. Comment. in Quare Impedit per Grendom, &c. Spirituall living, A Rectory what it is. composed of Land, Tythe, and other Oblatio est omne quod ex. hihetur in cultu Det, Tho. Aq. 2.7. q. 85.3.3. &c. and Vrban in his epist. Tom. 1. Concil. And Lands are so termed, Ezek. 45.1. and Tythes, Num. 18.24. So also the Caronists and Civilians expound them, Concil. Aurel. cap. 7. Burcha. lib. 3. cap. 129. & 143. Et Lex. Jarid. in verb. oblatio. Oblations of the people, Levit. 27.28. seperate or dedicate to God in any Congregation, for the Touching divine vvorship and works of charity. service of his Church there, and for the maintenance of the Governour or Minister thereof, to whose charge the same is committed.
By this definition it appeares, that the ordinary living or revenew of a Parsonage, is of 3 sorts: the one in Land, commonly called the Glebe: another in Tithe, which is a set and regular part of our goods rendered to God. The third, in other offerings and oblations bestowed upon God and his Church, by the people, either in such arbitrable [Page 2]proportion as their owne devotion moveth them, or as the lawes or customes of particular places doe require them.
2. Tithes how due. Though I invert order a little, I will first speake of Tithes, because it is Gods ancient demaine, and the nobler part of this his inheritance, founded primarily, upon the Law of nature, (as the other be also after their manner,) For the Law of Nature teacheth us that God is to be honoured: and that the honour due unto him, cannot be performed without Ministers, nor the Ministers attend their function without maintenance. And therefore seeing God is the supreme Lord and possessor of all, Gen. 14.19. and giveth all things unto us that we are maintained with; it is our duty both in point of Justice and Gratuity, to render something backe againe unto him, as acknowledging this his supremacy and bounty; as honouring him for his goodnesse; as a testimony of the worship, love, and service we owe him; and lastly, as a meanes whereby these duties and services may be performed to him. This, I say, the very Law of Nature teacheth us to doe: and this the Law of GOD requireth also at our hands: but what the set portion of our goods should be, that thus we ought to render backe unto God, I cannot say the Law of Yet there be divers naturall reasons that commend this number (for this purpose) above other. Nature hath determined that. But the wisedome of all the Nations of the World, the practice of all Ages, the example of the Patriarches Gen. 14.20. ABRAHAM and Gen. 28.22. JACOB, the Lev. 27.30. and 32. Deut. 12.6, & 11. Malachy 3.10 approbation and commandement of Almighty GOD himselfe, and the constant Declared by the Fathers and Counsels. resolution of his CHVRCH universally, hath taught and prescribed us to render unto him the Tenth part: and that this Tenth part or Tithe, being thus assigned unto him, leaveth now to be of the nature of the other nine parts (which are given us for our worldly necessities) and becometh as a thing dedicate and appropriate unto God. For it is said, Levit. 27.30. All the tythe of the land, both of the seed of the greund, and of the fruit of the trees, is the Lords: yea more then so, It is holy unto the Lord. And againe (v. 32.) Every Tithe of Bullocke, and Sheepe, and of all that goeth under the rodde, the tenth shall be holy unto the Lord. He saith, holy unto the Lord; not that they were like the sanctified things of the Temple, which none might touch but the Anointed Priests) but Holy and seperate from the use and injury of secular persons, and to be disposed onely, to and for the peculiar-service and peculiar Servants of GOD. And therefore in the 28. verse, it is said, to be seperate from the common use, because it is seperate, and set apart unto the Lord.
[Page 3] 3. But some happily will say, that this use of Tithing rises out of the Leviticall Law, and so ended with it. Tithes originally not Leviticall
I answer, that it was received and practised by Abraham and Jacob vovvet to give tithes, Gen. 28.22. And Joseph shevveth he per formeth his vovv. Antiquit. lib. 1. cap. 27. Jacob divers hundred yeares before it came to the Levites. For it is said that Abraham gave tithe to Melchisedeck, Gen. 14.20. And that Levi himselfe paid tithe also in the loines of Abraham, Heb. 7.9. Melchisedeck was the image of CHRIST, and his Church; Abraham of the congregation of the Faithfull. Therefore though Levi received tithes afterward, by a particular grant from GOD, for the time: yet now he paid them generally with the congregation, in the loines of Abraham unto the Priesthood of Christ, here personated by Melchisedeck: which being perpetuall, and an image of this of the Gospell, may well note unto us, that this duty of Tythe, ought also to be perpetuall. And therefore Hem 35. in Gen. Chrysostome saith, that Abraham herein was OVR tutor: not the tutor of the Jewes. And insomuch as Abraham paid it not to a Priest that offered a Leviticall Sacrifice of Bullocks and Goates: but to him that gave the Elements of the Sacrament of the Gospell, The Scripture onely mentioneth Bread and wine to be given by Melchi sedeck to Abraham: But Josephus shevveth, that he gave him also divers other rich gifts, Antr [...] lib. 1. cap 18. bread and wine: it may also well intimate unto us, to what kinde of Priest we are to pay our tithes: namely to him that ministreth unto us the Sacrament of bread and wine, which are onely those of the Gospell, and not the Leviticall Priests. So that our tythe paid in this kind, cannot be said Leviticall: as also for that the Leviticall tythes, were onely of things Lev. 37.30, & 31. renewing and increasing: whereas Abraham and Jacob paid them of all: as if they had followed the commandement of the Apostle; Let him that is taught in the Word, make him that hath taught him partaker of [...]. ALL his goods Gal. 6.6.
God also requireth this duty of tythe by his owne mouth, as of old belonging unto him, before the Levites were called to the service 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 abundance of thy liquor shalt thou not keepe backe: meaning Tithes and first fruits, and therefore Hierome 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 formerly due unto GOD: for we cannot say, that any thing is kept backe, or with holden that was not due before. Therefore we finde no originall commandement of giving tithe unto GOD: but upon the first mentioning of them in Leviticus, they are positively [Page 4]declared to be 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 old 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 Levites: God doth not say, The children of Israel shall give their tithes to the Levites: but he saith, Behold I have given them to the Levites. And continuing this his claime unto them, Vum. 18.21, 14, & 26. against those that many hundred yeares after disseised him of them: he complaineth, Malachy, 3.8. That they that withheld their tythes from the Levites, spoiled him himselfe.
But having handled this argument more largely in a greater worke: I will here close it up with opposing against these kindes of Adversaries, not onely the reverend authority of those ancient and most honourable Pillars of the Church SS. Ambros. in Serm. quadra [...]es. Ambrose, August. in Serm. de temp. [...] 29. & alias. Augustine, Hieron in Ma [...]. 3. Hierome, and Chrysost, in [...]pist. ad Heb. Hom. 12. & [...]om. 35. in [...]n. Chrysostome, (who though they runne violently with Saint Paul, against such ceremonies, as they conceived to be Leviticall; yet when they come to speake of Tithes, admit, maintaine, and command the use thereof:) But also the resolution of many ancient Roman Con [...]l. 4. Aureli [...]n. 1. Tarracon. [...]ub Horm. Me [...]iomatricis, [...]oletan. Agrip [...]in. cap 6. His [...]alens. Montis. [...]o [...]clus. 2. Va [...]entinum sub Leone 4. Rothomag. cap. 3. Cauallon. cap. 18. M [...]g [...] cap. 20. Counsels, and a multitude of other Origen, Tertullian, Cyprian. Gregory, &c. Fathers and Doctors of the Church in their severall ages: all of them concurring in opinion, that Tithes belong justly unto GOD; and many of them commanding all men even upon perill of their soules not to withhold them: which Argument See this Sermon in the end of [...]. 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 due in quot a parte, iure divino (which requireth a larger discourse) yet I never read of many that impugned them absolutely. C [...]er Hist. lib. 2. c. 11. Lieutardus, who lived about 1000 yeares after Christ, taught the payment of them to bee superfluous and idle, and then growing desperate, drowned himselfe, as it were to give us a badge of this Doctrine.
4. Touching Oblations and offering. oblations and offerings. The Fathers under Viban. Epist. circi [...]er Ann. [...]. this name accounted all things, that were given or dedicated to the service of God. And in the first ages of Christian religion (after the great persecutions) the Church by this meanes began so to abound in riches. [Page 5]that the good Emperours Constantine and Valentinsan made lavves that rich men which vvere able to support the charges of the Commonvvealth, should not be admitted into religious houses, because their possessions and goods vvere thereby amortized. themselves, were constrained to make lawes (not unlike our statutes of Mortemaine) to restraine the excesse thereof: for feare of impoverishing their temporall estate. In those dayes, many Churches had Treasuries for keeping these oblations (as the Storehouses at Hierusalem, appointed by 2 Chron. 31.11. Hezechias, for the Temple) but the succeeding Ages, contracted them into Chests: and in these later times, the Parsons pocket may well enough containe them. I shall not need, therefore, to spend many words in a small matter: for all the Oblations now in use, are in effect the two-peny Easter Offerings, and a few other such like: which because the owners of Appropriate Parsonages shall not ignorantly convert unto their owne benefit: I will shew them why they were paied, and why they have them.
Saint Paul ordained in the churches of Galatia and Corinth, that every one upon the Lords day should yeild somewhat to God for the Saints. 1. Cor. 16.2.
But this (being once a weeke) came too thicke and too often about. Therefore in Tertullian. in Apologetico. Tertullians time the use was to doe it monethly, and (at last) at pleasure. But it was ever the ancient use of the Primitive Church (as appeareth by Justinus in Apol. 21 HIst. Eccles. Justin and Cyprian) that all that come to the holy Communion, did according to their abilities, offer something of their substance to God, for charitable uses and maintenance of the Ministers. Therefore. Sermone 1. de Eleemosynis. Cyprian sharply taxeth a rich Matron, that received the Communion, and offered nothing. Locuples & dives & dominicum celebrare te credis, quae He calleth the treasury Corban, of that at the Temple of Hierusalem. Corban omnino non respicis &c. What? (saith he) art thou able and rich? and dost thou thinke that thou celebratest the Lords Supper, which bringest nothing to the Treasurie? So Irenaeus saith) Novi Testaments novam docuit ( scil. Christus) oblationem: quam Ecclesia ab Apostolis accipiens in universo mundo offert Deo, ei qus aelimenta nobis praestat; primitiaes suorum munerum in no vo teslamento. That it was the use of the Church through the world in his time, and received from the Apostles; to offer something of the blessings that they lived by, as the first fruits thereof, to him that gave these things unto them. Which Vide Zanchium lib. 1. de cultu. Dei externe. Zanchius understandeth to be meant of offerings at the Communion: given to holy uses, and for reliefe of the poore of the Church: commending it for an excellent custome, and complaining that it is now discontinued. But to this end, and in imitation hereof, are our Easter and Communion offerings (as also those, at, and for Christnings, Burials, &c. which I will not now speake [Page 6]further of) at this day made, and therefore let Proprietaries consider with what conscience they can swallow and digest them.
.5 Touching the land, glebe, Of Glebe Land and houses belonging to Parsonages. and houses, belonging to Parsonages, (which I would have called Gods fixt inheritance, but that I see it is moveable:) I cannot say that they are Gods ancient demaines, in the same forme that tithes are, and as our Clergy enjoyeth them, but the warrant and ground thereof, riseth out of the word of God; who not onely gave us a president thereof, when he appointed Cities for the Levites to dwell in, with a convenient circuit of fields for the maintenance of their Cattle, Num. 35.2, &c. but commanded also the Children of Israel (and in them all the Nations of the world:) that in division of their land, they should offer an oblation to the Lord, an holy portion of the Land for the Priest to dwell on, and to build the house of GOD upon: Ezek. 45.1, & 4. So that the houses and lands that our Ancesters have dedicated to God in this manner, for the Churches and Ministers of this time: are now also his right and just inheritance, as well as those which the Israelites assigned for the house of God, and Levites of that time; and commeth upon the same reason and in lien thereof. But because it is uncertaine when and how they were brought into the Church, I will say something touching that point.
In the time of the Apostles the use was (as appeareth Acts 2.45. & Acts. 4.34, & 35.) to sell their lands, and bring the money onely, How lands came to the Churches. to the Apostles. For the Church being then in persecution, and the Apostles not to remaine in any particular place, but to wander all over the world, for preaching the Gospell: they could not possesse immoveable inheritances: and therefore received onely the money they were sold for, distributing it as occasion served. But after when the Church obtained a little rest, and began to be settled: It appeareth by the Epistles of Pius and Ʋrban who lived about the yeare of Christ 230. that the Church of Rome had then begun to retaine lands in this manner upon this reason: and it may well be, for that Origen and Eusebius shew, that Churches had then possessions. it found much casualty in pecuniary contributions, and chused therefore rather to retaine the Lands themselves, given for the maintenance of Gods Priests and Ministers: then (by suffering the same to be sold) to furnish the time present with abundance, and leave the future time to hazard and uncertainty. Hereupon the Fathers in the b Primitive Church, as well before Constantine (as appeareth by his owne Edicts, [Page 7]and by Ortgen speaketh of rents of the Church: Hom. 31. in Mar. Origen, Eusebius of an house belonging to the Church of Antiech that Paulus Saemosatenus in the time of Aurelianus the Emperour (about 30 yeares before Constantine) wrongfully invaded. Lib. 7. cap 24. Eusebius, and the Epistles of Read the note (a) next afore. Pius, and Read the note (a) next afore. Ʋrban) as after: began to accept and retaine the lands thus given, and to leave them over to their successors for a perpetuall Dowry of the Church. And this upon experience was found to be so godly and worthy a course that it not onely received the applause of all succeeding ages: But commendeth for ever unto us their temperance, in desiring no more then for present necessity, their zeale for providing for posterity, and their great wisedome, (or rather, Propheticall spirit) which fore-saw so long before hand, that devotion though it were at one time hot and fervent, yet, at another it might be cold enough: and therefore when time served, they would by this meanes provide that the Church for ever, should have of her owne, to maintaine her selfe withall. Upon this ensued many godly provisions for endowment of Churches, and for annexing their livings so unto them, as neither the variety of time, nor the impiety of man (if it were possible) should ever have divorced them; as appeareth by a multitude of ancient Counsels, Canons, Statutes, and decrees of the Synod. Reman. sub Symacho. 103. Episceporū circiter An. Christ. 503. tota contra invasores Ecclesiarum. Concil. Aurelianens. 4. Ann. 543. c. 19. & 34. Conc. Meldens. cap. 5. Burch. lib. 11. cap. 16. Concil. Gangrens. cap. 8. Bur. lib. 11. cap. 20. Concil. Mogunt. cap. 3. 6. 7. & plurima alia. Church, h Emperours, and i Princes, to that purpose. Therefore whilest the world burned so with that sacred fire of devotion, towards the advancement of the glory of God: that every man desired to sanctifie his hand, in the building of Churches, lest such holy monuments for want of due maintenance, should in processe of time becom, either contemptible, or unprofitable, It was at length ordained, in k Aurel. Concil. 4. ( An. 545.) cap. 3, And l Concil. Valentin, ( An 855) cap. 9, That, whosoever builded a Church, should assigne unto it a * Ploughland, furnished for the maintenance of the Parson thereof. By vertue of these Councels (as I take it) were the Founders of Churches in France first compelled to assure Livings to those Churches. And it was also provided by the third Councell of m Tolledo in Spaine, that no Bishop might consecrate any Church, till sufficient maintenance (which n Chrysostome calleth the Dowry of the Bride) were assigned to it.
But because these were forraigne, and Provinciall Councels, not Generall: they bound not our Countrey, otherwise then by doctrine and example. Therefore it was here decreed afterward, to the same effect in a Syn. Lond. ca 16. Antiq. Britan. ca. 34. Synod at London under Anselme Arch-bishop of Canterbury, Anno Domini 1105. H. 1.3. And though the lawes of our Church began then first (as farte as I yet can finde) to constraine our Country-men to give Endowments to the Churches that they builded; yet we were taught before (by the Custome and Example of our precedent Auncestors, as well as by our duty, out of the Word of God) to doe the same: as appeareth by many Presidents, whereof I will onely alleadge one (but above others, that most famous) of Alias Adulphus. ETHELVVULPHUS, King of West-Saxony, who (in the yeare of our Lord 855.) as Ingulf. in Hist. Croil. Ingulphus Saxo, and Sim Dunelm. citat. Antiquit. Brit. ca. 27. Simeon Dunelmens. report, by the advice and agreement of all his Bishops and Nobility: Gave not onely the tithe of the goods, but the Decimam mansionem ubi minimum sit. tenth part of the Land through his Kingdome for ever, to God and the Churches, free from all secular services, taxations, and impositions whatsoever: In which kind of religious magnificence, as our succeeding Kings have also abounded: so have they from As appeareth in their severall lawes, and namely 15 times in Edw. 3. raigne. time to time, as well by Parliament Lawes, as by their Royall Charters, confirmed these and other the Rights of the Church, with many solemne See the Stat. of 25. Edw. 1. in Rastals Abridgment tit. Confirmat. 3. And Sententia lata super Chartas. vowes and imprecations against all that should ever attempt to violate the same. Therefore if these things had not beene primarily due unto God by the rule of his word, yet are they now His. and seperate from us, by the voluntary gift and dedication of our ancient Kings and Predecessours: as was the Nehe. 10.32. tribute of a third part of a shekel, which Nehemiah and the Jewes out of their free bounty covenanted yearely to give unto God for the service of his house. For, as Saint Peter Acts 5.4. saith to Ananias: Whilest these things remained, they appertained unto us, and were in our owne power: but now, when we have not onely vowed them, but delivered them over into the hands and possession of Almighty God (and that, not for superstitious and idle orders, but meerely for the maintenance of his publike divine worship, and the Ministers thereof, (they are not now arbitrable, nor to be revoked by us, to the detriment of the Church.
6. Churches and their livings dedicate to God. Churches being erected and endowed: they and their livings, were (as I say) dedicated unto God. First, by the solemne vow and oblation of the Founders: then by the solemne act of the Bishop, [Page 9]who to seperate these things from secular and prophane imployments, not onely ratified the vow and oblation of the Patron or Founders: but consecrated also the Church it selfe: using therein great devotion, many blessings, prayers, workes of charity, and some Ceremony, for sanctifying the same to divine uses. Therefore also have the ancient See the 6. Syn. Rom. of 103 Bishops (above 1000 yeares since) wholly against violaters of Churches and Church-rights. And see many to this purpose. Burchar. lib. 11. Councels added many fearefull curses against all such as should either violate it, or the Rights thereof.
This consecration, Master Demonst. problem. tit. Templum sect. 3. Perkins calleth a Dedication, but confesseth it to have been in use in this manner, about the yeare of Christ 300. (which is within the time of the Primitive Church) onely he admitteth not, that it was then performed with Ceremony and the signe of the Crosse; which here I will not stand upon, nor to shew the greater antiquity thereof, (though I thinke it may well be proved.) For In Epist. ad Constant Imp. Athanasius being in those daies accused by the Arians, of ministring the Communion in a Church not consecrated, excused himselfe to have done it upon necessity. And Histor. suae lib. 1. c. 30. & Sozom. lib. 3. c. 25. Niceph l. 8. cap 50. Hist. Triper l. 3. fol. 331. Theodoret reporteth, that Constantine (then likewise) commanded, all those that were at the Councell of Tyrus, should come to Hie asalem. [...]. consecrare. Aelia: and that others should be assembled from all parts, for Euseb. in orat. de laudib. Constant. Consecration of the Churches builded by him. Which sheweth it to be so notorious and generall an use at that time, and to have such universall approbation; as it could not, but have a root also from elder ages, though there cannot be many presidents found thereof, for that the Christians being then in persecution, might hardly build, or dedicate any Churches, but were constrained to use private houses, and solitary places for their assemblies. Yet, even those houses, had (as it seemeth) some consecration, for they were most commonly called Ibidem. aedes sacrae, Holy houses, and have left that name, (to this day) amongst us, for our Churches, as a testimony of their sanctification, whereof I shall speake more anon. Ibidem. Eusebius also saith: that insomuch as the Holy houses and Temples of that time, were thus Dedicated and Consecrated unto God, the universall Lord of all: therefore they received his name, and were called in Greeke [...], (in Latin, Dominica) the Lords houses: Which name, saith he, was not imposed upon them by man: but by himselfe onely, that is Lord of all. Of this word [...], cometh the Saxon word Cyric or Kyrk: and (by adding a double aspiration to it) our usuall word Chyrch or Church, as it were to put us ever in mind, whose these Houses are: [Page 10]namely, Gen. 22.22. the Lords houses: like that, which JACOB dedicating unto GOD, called (Bethel:) that is, the house of God.
But both Church and Church-livings were thus solemnely delivered into Gods possession; and therefore all ages, Councels and Fathers (that ever I yet have met with) account them holy and inviolable things. Chrys. hom. 18. in Act. Concil. Mogunt. cap. 7. And hereupon they are termed, Patrimonium Christi, Dos Ecclesiae, Dos sponsae Christi, and Sacrata possessio, or Praedium sanctum. For, Everything that a man doth seperate unto the Lord from the common use, whether it be man, or beast, or Land of his Inheritance, it is Holy to the Lord: Levit. 27.28. And in what sort I understand the word Holy, I have before declared.
7. Holy rights and Temples how respected by Heathens. As then the Law of Nature, primarily taught all Nations in the world to give these things unto God: so the very same Law, also taught them that it was sacriledge and impiety to pull them backe againe: yea, the very heathen counted the things thus severed unto their gods, to be Sancta & inviolanda. And Saint Augustine expoundeth, Sanctum illud esse, quod violare nefas est. It is execrable wickednesse, Gen. 47.22. to violate that that is holy. Pharach would not abridge the Priests of their diet, or land: no not in the great famine. The very Barbarous Nations of the world, even by the instinct of nature, abhorred this impiety. Biblioth. hist. lib. 5. Diodorus Siculus noteth of the Gaules, that though they were a people, above all others most covetous of gold: yet having abundance thereof, scattered in all parts of their Temples, to the honour of their gods, none was found so wicked amongst them, as to meddle with any of it. I could alleadge a multitude of Heathen stories to this purpose. But I will not weave the woollen yearne of the Gentiles, into the fine linnen garments of the Christians; I meane, I will not mingle profane arguments, in a discourse of Christian piety. For the sheepe that are of the fold of Christ, are tied onely to heare his voice, John 10.3. and to follow that, which if they doe not, they are thereby knowne to be Goats, and not of his fold.
8. How fearefull a thing it is to violate the Church. The cause why I touched upon this one heathen Example, is to aggravate the manifold sinnes of us Christians, in this point. For if they that knew not God, were so zealous of the glory of their Idols: how much more is it to our condemnation, if we that know him, doe lesse regard him? If it goe hard with Tyrus and Sydon in the day of judgement that sinned ignorantly; how much harder will it be with Corasin and Bethsaida that sinne presumptuously: Especially with [Page 11] Capernaum that despiseth her Lord God and Master, Jesus Christ himselfe? What is it to despise him; if to robbe him of his honour, be not to despise him? Or what is it to robbe him of his honour, if to take from him the things given him for maintenance thereof, be not to robbe him? Therefore when the children of Israel withheld their tithes and offerings from the Levites, he crieth out in Malachy 3.8. That himselfe was robbed and spoiled: and was so highly offended therewith, that he cursed the whole Nation for it. And to make this sinne appeare the more monstrous, he convinceth the offenders therein: not onely to be violaters of his Legall ordinances, but even of the very law of Nature, written in the heart of every man. For, saith he, Will any man spoile his gods? As if he should say: Can such a man be found as will, or dares commit that sinne, that all the Nations of the world, even by the instinct of nature, account to be so horrible and impious? To spoile his gods: what his owne gods? Some were found, that now and then adventured to spoile the gods of other Nations, (yet not without punishment) but few or none that I reade of (till these latter daies) that spoiled their owne gods, in apparent and overt manner, as the Lawyers tearme it. I count it not overt and apparent, when we doe as Ananias and Sapphira did: pinch and detract from God, somewhat of that we vowed to give: Nor, when we doe as the children of Israel here did withhold that which we ought to pay out of our owne goods, (yet both these were heinous sinners, and dreadfully punished.) But I call it overt and apparent, when we throw our selves into a more dangerous sinne, by invading openly the devotions of other men, and taking that from God and from his Church, (as Athalia did) which we never gave unto it, 2. Chron. 24. vers 7. even the lands and livings thereof: yea, the Churches themselves. Davids zeale for the house of God.
9 Doubtlesse we have much to feare in this point: For as it is a transcendent sinne; so David labouring to match it with a transcendent punishment, bestoweth a whole Psalme, ( viz. the This Psalme is alleadged to this purpose by Lucius (who was martyred about An Chr. 255.) in his epistle to the Bishops of Galli [...] and Spaine. Tom. Concil. 1. 83.) in inveying particularly against these kind of sinners: such (expresly) as would take to themselves the houses of God in possession; for that onely is the very center of the Psalme, and therein doe all the lines and projections of the Prophets invectives, concurre. First he maketh a flat opposition betweene God and them: and therefore calleth them his enemies. Then he describeth the nature of these kind of enemies: namely, that they are murmuring enemies, as grudging, and envying [Page 12]at the prosperity of the Church: Malicious enemies: as hating or hurting the service of God. Proud enemies, as lifting up their heads against God: vers. 2. Craftie enemies; as imagining how to beguile the Church. Conspiring enemies; as taking Councell together against Gods secret ones (as the Prophet calleth them) that is, Gods servants and Ministers: vers. 3. And lastly, Confederate enemies: as combining themselves one by example of another, to persevere in their course of wronging and violating the Church: vers. 5. Yet for all this, those against whom the Prophet thus inveigheth, did not that they desired. They discovered their malitious purpose by word of mouth, saying: Let us take to our selves the houses of God in possession. But they onely said it, they did it not. Their will was good, but their power failed. Our will and power have both prevailed: for we have got the houses of God into our possession: His Churches, his lands, his offerings, his holy rights. We have gotten them, and led them away captive, bound in chaines of iron: that is, so conveied and assured unto us, by Deed, by Fine, by Act of Parliament, as if they never should returne againe unto the Church. But heare what David saith to those of his time. Marke how he prayeth for them. Marke what strange and exquisite punishments he designeth to them: and that in as many severall sorts, as there are severall branches in this kind of sinne.
First, he prayeth, that God would deale with them, as he did with the Madianites, vers. 9. That is, that as Gedeon by Trumpets and Lampes, strooke such a terrour in the night time, into the hearts of the Madianites, that the whole army fell into confusion, drew their swords one upon another, were discomfited, and 120 thousand of them slaine. So that God by his trumpets, the Preachers of his word; by his Lamps, which is, the light of the Gospell, would confound in like manner, the enemies and spoilers of his Church, that sleepe in the night of their sinne: And that he would make them like Oreb, and Zeb, like Zeba and Salmana: vers. 11. All which were strangely overthrowne, died violent deaths, and being glorious Princes of their nations, became like the filthy and loathsome Dung of the earth: vers. 10. And Judges 7.25. and 8.21.
But doth the Prophet stay here? no, he goeth on with them: O my God, saith he, make them like a wheele, vers. 13. that is, wavering and unstable in their actions: so as they may never bring their purposes to an end. Yea, make them abject and contemptible; like the [Page 13]chaffe that the wind scattereth from the face of the earth: vers. 13. Well, is he now fatisfied? no. All this doth but whet his spirits to sharper imprecations. He now desireth that the very floudgates of Gods wrath may be broken open upon them; and that the tempest of his indignation may rage at full against them: now he crieth out to God to consume them without mercy, yea, and that in two terrible manners. One naturally, As the fire burneth up the wood. The other miraculously, As the flame consumeth the mountaines: vers. 14. Persecute them even so, (saith he) with thy tempest, and make them afraid with thy storme. Make their faces ashamed. O Lord, that they may seek thy name. Let them be confounded and vexed ever more and more, let them be put to shame and perish. vers. 15, 16, 17. How should the wit of man discover and prosecute a sin in more vehement and horrible manner? Or, what shall make us to abstaine from such haughty sinnes, if all this prevaile not? Well, if to take the houses of God into possession be thus, take them that will for mee.
You see how David in this his sacred fury, The zeale of our Saviour to the house of God. And of the parts of the Temple. was admirably carried against this sinne. Well therefore might he say: The zeale of thine house hath eaten me up, Psal. 69.9. Yet, he spake it not of himselfe alone: but in the person also of our Saviour Jesus Christ; who in prosecution of Davids zeale, did that in this case, that he never did at any time else in all his life. In all other cases he shewed himselfe like the Paschall Lambe, that every body did eat and devoure at pleasure; and like the sheepe that was dumbe before the shearer, even when his very life was taken from him. But when he saw the golden fleece to be taken from the house of God: that is, when he saw the Church his beloved spouse, deprived and spoiled of the honour, reverence, duty and ornament, that belonged to her: Then, as David did, he groweth into a sacred fury; he leaveth the mildnesse of the Paschall Lambe, and taketh upon him the fiercenesse of the Lion of Juda. Then he beginneth to bestirre him, and to lay about him. He whippeth out them that prophaned it; driveth out their sheepe and their oxen, though they were for the sacrifice: & overthroweth the tables of the money changers: John 2.14. He would by no meanes indure such trumpery to be in his Fathers house, Mat. 21.12: Mar. 11.17. Luke 19.45. nor his Fathers house to be made an house of Merchandise; but, much lesse then, that merchandise should be made of his Fathers house it selfe. O fearefull and most inhumane sinne! horresco referens.
But e're I depart from this place of Scripture; let mee note one thing more out of it, for the greater reverence of Churches: that although our Lord be here said, to have cast these things out of the Temple; yet, in truth, they were not in the Temple it selfe, but in the outward court or yard thereof. For within the inward parts of the Temple, (namely, the first, and second Tabernacles) did no man enter, but the Levite Priests: Numb. 18.5. Ebr. 9.2, 3, 4, 5, &c. and of them also, none into the second Tabernacle, but the High Priest. Therefore, although our Saviour Christ, were a Priest for ever after the order of Melchisedeck: yet because he was not a Priest of Levi: but of the Tribe of Juda (of which Tribe Moses spake nothing touching the Priesthood: Heb. 7.14. I take it, that Christ came to fulfill the Law, and not to breake it. Therefore (doubtlesse) he observed the rules thereof, and the quality of his Tribe. he never came within these parts of the Temple: nor where the sacrifice was, but frequented onely See the forme of the Temple in Arias Montan: Antiquitat. Judaic. l. Ariel. and in the Geneva Bible, 1. King. cap. 6. and marke well both it, and the notes upon it; for I find them (above others) most agreeable to the Scriptures, and rely not upon the figure of the Temple in Adricomius without good examination; for I perceive he hath misplaced some things therein. Atrium populi, the outward Court from the Temple. For into this onely the c people resorted: to worship, pray, and heare the word of God expounded, not pressing further towards the Temple: and in the middest whereof (the d brasen stage which Solomon praied upon) was erected. Yet, this very place, this court, or outward yard, would not our Saviour permit to be prophaned; neither with market matters, nor with carrying so much as a burthen or vessell through it, Mark 11.16. For though it were not so Levitically holy, as the Temple: yet it was dedicated to God, with the Temple: And taken often in the new Testament, for the Temple: as in the places before alleadged. And Acts 3.2, 3. By which reason the very Church-yards themselves (being Dedicated with the Churches, and the principall soile thereof: * as an old Statute witnesseth) seeme also to have in them a certaine kind of Sanctification: and are not therefore to be abused to secular and base imployments: as not onely the Ancient Fathers, by the Canons of the Church: but the present Lawes of the Land, have well provided for them.
10. But some will say, that the sanctification of the Temple was Leviticall, † and therefore abolished, and not to be applied to our Churches. I answer, the Temple was sanctified unto three functions; which also had three severall places assigned to them. The first, belonged to the Divine presence; and had the custody of the Holiest [Page 15]Types thereof; the Oracle, the Arke, the Mercy seat, &c. And was therefore called Sanctum Sanctorum, or the Holiest of all. The second, was for ceremoniall worship and attonement: namely, by sacrifice, oblations, and other Leviticall rites; the place thereof being the Sanctuary, (wherein were the Holy vessels) and the Court of Priests, wherein the Altar of burnt sacrifice did stand. The third, was for simple worship, praier, and doctrine (without any pompe or ceremony:) and the place of this, was the outward Court, (called, 1. Chr. 4.9. & 6.12. Atrium populi, and Acts 31.1. Solomons porch;) which therefore had in it no Ceremoniall implement at all.
The two first of these functions, with the places belonging to them; were indeed particularly appropriat to the Law. For, they were Ceremoniall, Mysticall, Secret, Leviticall, Judaicall, and Temporall, Ceremoniall, as celebrated with much worldly pompe. Mysticall, as figurating some spirituall things. Secret; as either performed behinde the Veile or Curtaine: or else sequestred and remote from the people. Leviticall; as committed onely to the administration of that Tribe. Judaicall; as ordained onely for the salvation of that people. And Temporall; as justituted onely for a season, and not to continue. But the Sanctification, of the third function, and of the place thereto appointed, was directly contrary in all the points alleadged to the former two. First (as I said before) it was for simple worship, Praier, and Doctrine, which were there to be performed and delivered in all sincerity, without any ceremony or ceremoniall implement used therein. Secondly, there was no matter of mystery therein to be seene: but whatsoever was mysticall in the Law, or the Prophets, was there expounded. Thirdly, nothing there, was hidden or secret from the people, but acted wholly without the Veile, and publikely for every man. Fourthly, it was not appropriate to the Levites, but common alike to all the Tribes. Fifthly, not ordained for the Jewes particularly, but for all Nations in generall. And lastly, not to endure for a time, (as those other two of the Law) but to continne for ever: even after the Gentiles were called, as well as the Jewes: that is, during the time of the Gospell, as well as the Law. Therefore, saith God, by Isaias the Prophet, cap. 56. 7. My house shall be called an house of Praier, to all Nations. He said not, an House of Sacrifice to all Nations: for the Sacrifice ended before the calling of the Gentiles, and so they could have no part thereof. Nor an House of Praier for [Page 16]the Iewes onely, for then had the Gentiles (when they were called) beene likewise excluded. But an House of praier to all Nations, that is, Iewes and Gentiles indifferently: which therefore, must have relation to the times of the Gospell. And consequently, the sanctification of that house, and of that function, is also a sanctification of the Churches of the Gospell.
We read not therefore, that Christ reformed any thing in the other two functions of the Temple; for they were now, as at an end. But because this third function was for ever to continue to his Church: therefore he purgeth it of that that prophaned it; restoreth it (as he did marriage) to the originall sanctitie: And that the future world (which was the time of the Gospell) might better observe it, then the precedent, and the time of the Law had done; he reporteth, & confirmeth the decree, whereby it was sanctified: It is written, saith he, (as producing the record and words of the foundation) My house shall be called an house of praier to all people. He saith, My House, as excluding all other, from having any property therein; for, God will be Ioynt-tenant with no man. And it shall be, An house of praier for all people: that is, publike for ever; not private, nor appropriate to any: nor a denne of theeves; that is, no place of Merchandise, or secular businesse, as Saint Hierome expoundeth it. It must not be an Impropriation; no man can, or may hold it in that kind.
The time also when our Saviour pronounced these words is much to the purpose, as it seemeth to me. For it was after he had turned out the oxen and doves; that is, the things for the Sacrifice. As though he thereby taught us, that when the Sacrificall function of the Temple was ended, yet the sanctification thereof, to be an house of prayer, for ever remained.
11. Saint Paul maintaineth the reverence of the Church. This doctrine of our Saviour, is continued unto us 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 poor; yet because it was against the reverence of the place: he not onely reproveth them for it, demanding if they had not houses to eat and drinke in at home, 1 Cor. 11.12. but skaring them also (by shewing the danger they were falling into) he speaketh to them as with admiration: Despise ye the Church of God? As if he should say, is your religion now come unto that? or is that your Religion, To despise the place that [Page 17]God hath sanctified unto himselfe; by making it, Comment, in 1 Cor. 11. as Saint Hierome saith, Triclinium epularum, a banqueting house. God wondered in Malachy, that any should spoile their gods. And the Holy Ghost here wondereth, that any should despise the materiall Church: for so Saint Hierome expoundeth it. Thus both of them wonder at one and the same thing: that any man should be so irreligious, as to profane the reverence due unto God, and that that is his.
12. So precise therefore were the Ancient Fathers in this point, The Zeale of some of the Fathers to the Church. Serm. de temp. tom. 10.234. that, that meeke Saint of God, Saint Augustine, would by no meanes endure that any should use clamours, or dancing within the verge of the Church. Yea, he 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 abuse [...] Oh, how Saint Ambrose taketh it, even against the Emperour himselfe, great Valentinian that required it for an Arian: O (saith he) let him aske that is mine, my lands, my goods, and whatsoever I possesse, I will not deny them; yet are they not mine: but belong to the poore. Verùm ea quae divina sunt, Ad Marcellinam sororem: Epist. 33. &c. saith he, but those things that are Gods, are not subject to the authority of the Emperour. If my lands (I say) be desired, enter them a Gods name; if my body, I will carry it him; if he will have me to prison, yea unto death, it pleaseth me well, I will not defend my selfe with multitude of people, neither will I fly to the Altar, desiring my life; but with all my heart will die for the Altars. And after, In fine eiusdem Epist. in speaking of the impious Souldiers: O that God (saith he) would turne their hands from violating the Church, and then let them turne all their weapons upon me, and take their fill of my bloud. And many such excellent speeches he hath for the sanctity of the Church, and of the reverence due unto it, in his Oration, De Basilicis tradendis.
My purpose is to be short; I will not therefore now enter any further into the authorities of the Fathers: or meddle with the Counsels and ancient Canons of the Church, which abound so in this kind of zeale, and have established it (against the Enstathians, Messalians, and Fratricelli, Heretikes which contemned Churches. 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.
[Page 18] 13. Sacriledge not to be suffered in the least things. Coment. in 2 Cor. 11.22. tom. 9. Ecclus. 25.27. It seemeth a small thing to dance in the Church-yard, or to cate and drinke in the Church. But sanctification (saith Hierome, speaking on this matter) consisteth also even in the small things. Therefore Ecclesiasticus adviseth us, that we give not the water passage, no not in a little. For he that openeth the waters but a little, knoweth not how great a breach they will make at length. So is it to make an entrance into sinne, or to breake the reverence of holy things in trifles.
Therefore God punisheth severely the petty offenders in this kind: not Corah onely and his company, that invaded the high function of the Priesthood: but even him that gathered the stickes on the Sabbath day: Numb. 15.34. And poore Ʋzzah himselfe (whom David 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. An admonition to them that meddle With holy things. I conclude this point with the saying of Salomon, Prov. 20.25. (and let all men consider it:) It is a snare for a man to devoure 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 Ʋzzah taken e're he was aware: he did but touch the Arke, and presently he was catch't. King Ʋzziah did but meddle with the incense, and presently the Leprousie 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. Ʋzzah died in it presently. Ʋzziah 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, and their companions (most miserable men) were detained in it, to their notorious destruction.
I might here take just occasion to remember what hath happened to many in this Kingdome, that became unfortunate after they medled with Churches, and Church-livings. But I will runne into no particularities, Let those men, and those families, which are unfortunate (as we tearme them) consider, whether themselves, their Fathers, or some of their Ancestors, have not beene settered in this snare.
And let the Proprietaries of Parsonages also well consider these [Page 19]things. For, if Ʋzzah died, that did but touch the Arke to save it: what shall 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 publicke sanctification thereof. And if Corah, Dathan, and Abiram, offended so hainously in medling with the things of the Leviticall Priesthood, though they imployed them to the service of God: what have they to feare that usurpe the things of the Gospell, and pervert them wholly to their own use, from the service of God? Yea, that pollute his Churches and houses of prayer to servile and base offices: leaving the Parishioners uncertainly provided of divine service, to the destruction both of the Priesthood it selfe, and of the service of God in generall? A surmise answered.
15. But they will comfort themselves with this: that though the Churches be sanctified to some purpose, yet the sanctity thereof differeth from Leviticall sanctification: and that God doth not now kill any from heaven, for prophaning the things of the Gospell, as he did then, for prophaning the things of the law. I answer: The sanctity indeed of the one, differeth from the sanctity of the other. For the Leviticall things were sanctified by the hand of man, to be matter of Ceremony; but the churches of the Gospell, are sanctified by our Saviour himselfe, to be houses of prayer. Not that prayer is to be used onely in these places, but that these places are onely to be used for prayer. And we must not presume that God sleepeth because he punisheth not (now as he did of old) the contemners of his worship. For as the law consisted in visible and temporall things, so the punishments therein, were for the most part visible and temporall. But the Gospell concerneth things invisible and eternall, and therefore the punishments assigned therein, are for the most part invisible and eternall.
16. They have also another comfort, and that is, Another surmise answered. that though these things were once Spirituall, now they are made temporall by the Lawes of Dissolution; and especially by the Stat. of 32. H. 8. cap. 7. It is true that those Statutes apply divers Law-termes unto these things that properly belong to temporall inheritances: and that the Statute of 32. H. 8. hath made them demandable by originall Writs, and hath given certaine reall actions, and other courses for [Page 20]recovering and conveying of them in Temporall Coruts: because Lay-men could not in former times have sued for things of this nature in any Court of the Kingdome. But this proveth not the things themselves to be therefore temporall, Dissero non assero. (no more then that an English man is a French man, because he saileth in a French bottome,) For upon the same reason the Statute giveth also other actions (for recovering of tithes and offerings withholden, &c.) in the Courts spirituall. They then that out of the one part of the Statute will have them temporall, are by the other part inforced to confesse them still Spirituall, and so to make them like a Centaure, prolem biformem. It were very hard (in my understanding) to ground a point of so great consequence, upon subtletie of words, and ambiguous implications, without any expresse letter of Law to that purpose, especially, to make the Houses and offerings of God, temporall Inheritances. But I see it is a Law question in my Lord Term. Paes. An. 7. Edw. 6. Assise fol. 83.6. Dier whether tithes be made Lay or Temporall, by any word in those Statutes. And therefore I must leave this point to my Masters of the Law, who have the key of this knowledge only in their owne custody. Yet I thinke I may be so bold, as to say thus much out of their owne Doct. & Stud. cap. 6. bookes, that a Statute directly against the Law of God, is void. If then Tithes be things spirituall, and due de jure divino, as many great See Aug. Ser. 219. de Temp. Hostiens. and most Canonists. Concil. Montisc. 2. cap. 50. Concil. Mogunt. cap 38. alias 10, &c. Clarkes, Doctors, Fathers, some Councells, and (that ever honourable Judge and Oracle of Law) my Lord Coke himselfe in the second part of his Dismes sont choses spirituall, & due de jure di vine Le Eves (que) de Winch. case fol. 45. Reports affirme them to be; I cannot see how humane lawes should make them Temporall. Of the same nature therefore that originally they were of, of the same nature do I still hold them to continue: for manente subjecto, manet consecratio, manet dedieatio. Time, Place, and Persons, do not change them, as I take it, in this case. e Nabuchodonozor tooke the holy vessels of the Temple, he carried them to Babylon, he kept them there all his life, and at last left them to his sonne and grandchildren: but all this while, the vessels still remained holy. Yea though they were come into the hands of those that were not tyed to the ceremonies of the law, and at length into the hands of them that had them by a lawfull succession from their Fathers and [Page 21]Grandfathers: yet as soone as they beganne to abuse them to prophane uses; that very night Balshazzar himselfe died for it, the line of Nabuchodonozor (that tooke them from the Temple) was extinct, and the Kingdome translated to another Nation: Dan, 5.2.
17 Happily also, Lay Approprietaries comfort themselves, A third surmise answered. that they may hold these things by example of Colledges, Deanes and Chapters, Bishops of the land, and of divers of our late Kings and Princes. Before I speake to this point, I take it by protestation, that I have no heart to make an Apology for it. For I wish that every man might drinke the 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. 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 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 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 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, [Page 22]and girt with the sword of Justice, to signifie their Temporall authority, but are anoynted also with the 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 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 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 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 * 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 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 and upon the matter, are as the incumbents c thereof, and the Churches [Page 23]by reason of this their incumbency, are full and not void. For otherwise the 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 Rastall) also termeth it a Wicked thing complaining (in his time) that it continued so long, to the Hinderance (he saith) of learning, the impoverishing 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, Levesque de Winchesters case, fol. 44, b. that it is recorded in History, that there were (amongst other) two grievous persecutions, the one, under Dioclesian; the other under Julian, named the Apostata: for it is recorded, that the Diocles. vide Euseb. hist. eccles. lib. 7. cap. 3. Niceph. l. 7. cap. 3. one of them intending to have 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 cruell and grievous persecution, but the persecution under the Juli. vide Theod. hisb. lib. 3. cap 6. & Niceph. lib. 10. cap. 5. other, was more greivous and dangerous. Quia (as the History saith) ipse occidit presbyterium. He destroyed the very order of Preisthood. For he robbed the Church, and spoiled spirituall persons of their revenues, and tooke all things from them whereof they should live. And upon this, in short time, insued great ignorance of true religion, and the service of God, and thereby great decay of Christian profession. For none will apply themselves or their sons, or any other that they have in charge, to the study of Divinity, when after long and painefull study, they shall have nothing [Page 24]whereupon to live. Thus farre my Lord Coke.
I alledge these legall authorities, and leave Divinity, because the Approprietariet of Parsonages (which sheild themselves under 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 Law have of this matter, to the end, that we should not hang our consciences upon so dangerous a pinne, nor put too great confidence in the equity of Lawes, which we dayly 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 coming before the judgement seate of Almighty God, must answere also for this It is said in my L. Dier in the case of a common person, that the service or a cure is a spirituall administration and cannot be leased, and that the service is not issuing out of the parsonage, but annext unto the person. 36. H. 8. fol 58. b. pla. 8. spirituall function. First why he medled with it, not being called unto it. Then, why ( Proprietaries which have Vicars endowed, thinke themselves thereby discharged: but though the Vicar be the Parsons deputy to do the divine Service, yet a superiour care thereof resteth still upon the Parson himselfe, and the surplusage of the profits belongeth to the poore, as appeateth by the whole body of Fathers, Doctors, Counsells &c. medling with it) be did not the duty that belonged unto it, in seeing the Church carefully served, the Minister thereof sufficiently maintained, and the poore of the Parish farthfully relerved. This I say, is the use whereto Parsonages were given, and of this use we had notice before we purchased them: and therefore, not only by the lawes of God and the Church, but by the law of the Land, and the rules of the Chancery, at this day observed in other cases) we ought onely to hold them to this use, and no other.
19. † It is not then a worke of bounty and benevolence to restore these appropriations to the Church, but of duty and necessity so to do. It is a worke of duty to give that unto God that is Gods, Matt. 32.2. 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 restitui potest: The sinne shall not be forgiven, without restoring of that which is taken away, if it may be restored.
It is duty, justice, and necessity, to give them backe unto God. For it Judae (who was the first president of this sinne) were a theife as the holy Ghost d termeth him, for imbeasiling that which was committed unto him for the maintenance of Christ and his Disciples, that is of the Church: by the same reason, must it also be thee-very [Page 25]to withold these things which were given for the maintenance of the Church and Ministers of Christ. And herein it is a degree above that sinne of Judas, as robbery is above theft, for Iudas onely detained the money (delivered unto him) closely and secretly, but we and our fathers, have invaded Church livings, and taken them (as it were by assault) even from the sacred body and person of the Church.
It is a great sinne to steale from our Neighbour; much greater (even sacriledge) to steale from God. If it were so heinous a fact in Ananias to withold part of his owne goods, which he pretended he would give unto God, how much more is it in us, presumptuously to reave that from God, that others have already dedicated and delivered unto him. Salomon saith; He that robbeth his Father and his Mother, and saith it is no sinne, Prov. 28.24. is the companion of [a murtherer, or] him that destroieth. But he that purloineth the things of God, robbeth his Father, and he that purloineth the things of the Church, robbeth his Mother. And therefore that man is a companion of the destroier.
The Synod. 5 Rom. 218. Episcop. An. 503. Conc. Val. An. 855. ca. 9. Con. Rom. 100 Episc. An. 1063. Conc. Rom. 5. Anno 1078. Conc. Palent. An. 1388. Conc. Oxon. Gene. Aug. Anno 1222. Fathers, the Doctors, many great Councells, and ancient Laws of the Church, command that things taken from the Church, should be restored. And the Church by her A strange change: h [...] [...] realite gave their owne goods so abundantly to the service of God, that Moses was forced torestraine them by proclamation: Exod. 36. [...] but now nothing can move us to give God that which is his already. Preachers & Ministers continually entreateth, urgeth, and requireth all men to do it. They therefore that do it not, they refuse to heare the Church: And then our Saviour Christ, by his owne mouth, denounceth them b to be as Heathens and Publicans, that is, excommunicate and prophane persons. If he refuseth (saith our Saviour) to heare the Church also, let him be unto thee as a heathen man, and a publican. Mat. 18.17.
It is a fearefull thing not to heare the c Church, but much more, not to heare Christ himselfe, Christ hath given us a perpetuall law and Commandement, touching things belonging to God: That we should give them to God. If we breake this Law, we breake a greater Law then that of the Medes, and the d Persians: and therefore marke what the holy Ghost concludeth upon us; Every person that shall not heare this Prophet (Christ Jesus) shall be destroyed out of the people. Act. 3.23.
[Page 26] 20 To conclude then, The conclusion. as the Philistims made hast to send home the 1 Sam. 5.11. Arke of God; and the Aegyptians to ridde themselves of the Exod. 12.31. people of God: so let us ply our selves to render unto God his Lands, and Possessions with all speed. Otherwise, as he strucke the Philistims with Emrods secretly, and the Aegyptians with manifold scourges openly; so only himselfe knoweth, what he hath determined against us.
And thus I end, Cypr. Ser. 5. de laps. in fine. with the saying of the blessed Saint Cyprian, Nec teneri jam, nec amari Patrimonium debet, quo quis & deceptus & victus est. We must now neither hold that Patrimony, or living, (no) nor so much as take pleasure therein, whereby a man is entrapped and brought to destruction. Lib. de Her. cit. per. Isid. And with that other of the noble Saint Augustine; With what face canst thou expect an inheritance from Christ in Heaven, that defraudest Christ in thy inheritance here on Earth? Therefore
Give unto Caesar the things that are Caesars, Mar. 12.7. and unto God the things that are Gods.