De non temerandis ecclesiis A tract of the rights and respect due vnto churches. Written to a gentleman, who hauing an appropriate parsonage, imploied the church to prophane vses, and left the parishioners vncertainely prouided of diuine seruice, in a parish neere there adioyning. By Sr. Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641. 1616 Approx. 132 KB of XML-encoded text transcribed from 119 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-03 (EEBO-TCP Phase 1). A12763 STC 23068 ESTC S100543 99836380 99836380 648 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A12763) Transcribed from: (Early English Books Online ; image set 648) Images scanned from microfilm: (Early English books, 1475-1640 ; 1365:02) De non temerandis ecclesiis A tract of the rights and respect due vnto churches. Written to a gentleman, who hauing an appropriate parsonage, imploied the church to prophane vses, and left the parishioners vncertainely prouided of diuine seruice, in a parish neere there adioyning. By Sr. Henry Spelman knight. Spelman, Henry, Sir, 1564?-1641. The second edition enlarged with an appendix. [10], 196 p. Printed by Iohn Beale, and are to be sold by William Welby, At London : 1616. On title page edition statement is printed after "adioyning". The second edition of STC 23067, published in 1613. Another issue of STC 23067.8 with cancel title page--Cf. STC. Errata on verso of A6. Some print show-through; pages 3-4 and 177-78 stained. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church polity -- Early works to 1800. Church property -- England -- Early works to 1800. Secularization -- Early works to 1800. 2004-09 TCP Assigned for keying and markup 2004-09 Aptara Keyed and coded from ProQuest page images 2004-10 Judith Siefring Sampled and proofread 2004-10 Judith Siefring Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion De non temerandis Ecclesiis . A TRACT OF THE RIGHTS AND RESPECT DVE VNto Churches . Written to a Gentleman , who hauing an Appropriate Parsonage , imploied the Church to prophane vses , and left the Parishioners vncertainely prouided of diuine seruice , in a parish neere there adioyning . The second Edition enlarged with an Appendix . By Sr. HENRY SPELMAN Knight . AT LONDON Imprinted by IOHN BEALE , and are to be sold by William Welby . 1616. DEO & ECCLESIAE . ACT. 28. 24. Some were perswaded with the things that were spoken , and some beleeued not . The Printer to the READER . THis small Tract , now aboue two yeeres past , was by mee printed for that worthy Knight the Authour thereof , with no intent to haue it published : and being hitherto by me suppressed from reprinting here at home ; I find it to bee of late time printed in Scotland ( contrary both to the Authours and my expectation ) and Dedicated by another man to the Bishops and Cleargy there , and so made more publike , being of it selfe priuate , then was first intended : which ( I suppose ) had the Author knowen , or once misdoubted the sequell , instead of De non temerandis Ecclesiis , hee would haue studied another Title , De non temerandis Scriptis alienis : that his writings might not be impropriated , when Benefices are made proper . Wherefore finding many st●ps in 〈◊〉 from his copie , I haue ( as well in the right of the Authour as of my selfe to whom the right of the sole Printing belonged ) caused it to be reprinted . And though at th● time of the putting it to the Presse , I could not con●erre with the Author , he being then in the Countrey , yet hath it pleased him since his comming home , to adde something more vnto it , as his leasure would permit him ; which I haue annexed to the end therof . And thus haue I attempted to make a priuate worke publike , lest the faults of other men , should vniustly he cast vpon him , that deserued so well in so rare an Argument . Farewell . To the Reader . AL the vessels of the Kings house , are not gold , or , siluer , or for vses of Honour . Some be common stuffe , & for meane seruices : yet profitable . Of the first sort , I am sure this Tract is not . Whether of the other or no ; I leaue that to thy iudgemēt . To deale plainly ; my selfe haue no great opinion of it ; as finding mine owne imperfections and writing it only vpon a priuat occasion to a priuat friend , without curious obseruation of matter or method . But hauing also written a greater worke ( much of the same Argument ) and intending to publish , or suppresse it , as I see cause : I thought it not vnfit ( vpon some encouragement ) to send this forth ( like a Pinnesse or Post of Aduice ) to make a discovery of the Coast , before I aduenture my greater Ship. If I receiue good aduertisement , I shal grow the bolder . Howsoeuer , take this I pray thee , as it is : and let my zeale to the cause , excuse mee in medling with matters beyond my strength . H. S. A Letter , shewing the occasion of this Treatise . To the worshipful his most louing vnckle , FR : SA . &c. MY good Vncle , the speeches that past casually betweene vs at our last parting , haue runne often since in my minde ; and so ( perhaps ) haue they done in yours . You complained ( as God would haue it ) that you were much crost in the building you were in hand with , vpon a peece of gleabe of your Appropriate Parsonage at Congham . I answered , that I thought God was not pleased with it , insomuch as it tended to the defrauding of the Church , adding ( amongst some other words ) that I held it vtterly vnlawfull to keepe Appropriate Parsonages from the Church , &c. But our talke proceeding , I perceiued that as God had alwaies his portion in your hart , so in this , though it concerned your profit , you seemed tractable . It much reioyced mee , and therefore apprehending the occasion , I will be bold to adde a continuance to that happy motion : ( so I trust , both you and I , shall haue cause to terme it ) and besides , to giue you some tribute of the loue and duty I long haue ought you . Therefore ( good vncle ) as your heart hath happily conceiued these blessed sparks , so in the name and blessing of God , cherish and enflame them . No doubt they are kindled from heauen , like the fire of the Altar , and are sent vnto you from God himselfe , to bee a light to you in your old daies ( when your bodily eies faile you ) to guide your feete into the way of peace , that is , the way & place from whence they came . So alwaies I pray for you , and rest , Westmin . Aug. 17. 1613. Your louing and faithfull Nephew , HENRY SPELMAN . Errata . Pag. 1 ● . line 5. read , all his goods . p. 60. 1. r. concurre . p. 124 l. 11. r. Therefore he that inlarged the Termes of the Law ( first set forth by Iohn Rassall ) also . p ▪ 145. l. 14. r. supple . p. 178 , ● . 8. 1. 〈…〉 p. 175. l. 21. r. Kings Edition . De non temerandis ECCLESIIS . OF THE Rights and respect due vnto the Church . IN SOmuch as the rights & Duties that belong to our Churches are in effect contained vnder the name of a Rectory or Parsonage : I wil first define , what I conceiue a Rectory or Parsonage to be , according to the vsuall forme and manner thereof . A Rectory or Parsonage , is a a Spirituall liuing , composed of Land , Tythe , and other b Oblations of the people , c separate or dedicate to God in any Congregation , for the d seruice of his Church there , and for the maintenance of the Gouernour or Minister thereof , to whose charge the same is committed . By this definitiō it appears , that the ordinary liuing or reuenew of a Parsonage , is of 3 sorts : the one in Land , cōmonly called the Glebe : another in Tithe , which is a set and regular part of our goods rendered to God. the third , in other offrings and oblations bestowed vpon God and his Church , by the people , either in such arbitrable proportion as their owne deuotion moueth them , or as the lawes or customes of particular places doe require them . 2 Though I inuert order a little , I will first speake of Tithes , because it is Gods ancient demain , and the nobler part of this his inheritance , founded primar●ly , vpon the Lawe of nature , ( as the other bee also after their manner . ) For the Lawe of Nature teacheth vs that God is to bee honoured : and that the honour due vnto him , cannot bee performed without Ministers , nor the Ministers attende their function without maintenance . And therefore seeing God is the supreame Lord and possessor of all , and giueth all things vnto vs that we are maintained with , it is our duty , both in point of Iustice and Gratuity , to render something backe againe vnto him , as acknowledging this his supremacie and bounty ; as honouring him for his goodnesse ; as a testimony of the worship , loue , and seruice we owe him ; and lastly , as a meanes whereby these duties and seruices may be performed to him . This , I say , the verie Lawe of Nature teacheth vs to doe : and this the Lawe of GOD requireth also at our hands : but what the set portion of our goods should bee , that thus wee ought to render backe vnto God , I cannot say the Lawe of a Nature hath determined that . But the wisdome of all the Nations of the World , the practise of all Ages , the example of the Patriarches b ABRAHAM and c IACOB , the d approbation and commandement of Almighty GOD himselfe , and the constant e resolution of his CHVRCH vniuersally , hath taught & prescribed vs to render vnto him the Tenth part : and that this Tenth part or Tithe , being thus assigned vnto him , leaueth now to be of the nature of the other nine parts ( which are giuen vs for our worldly necessities ) and becommeth as a thing dedicate & appropriate vnto God. For it is said , Leuit. 27. 30. All the tythe of the land , both of the seed of the ground , and of the fruit of the trees , is the Lords : yea more then so , It is holy vnto the Lord. And againe ( verse 32. ) Euerie Tithe of Bullocke , and Sheep , and of all that goeth vnder the rodde , the tenth shall bee holy vnto the Lord. He saith , holy vnto the Lord ; not that they were like the sanctified things of the Temple , which none might touch but the Annointed Priests ) but Holy and seperate from the vse and iniurie of secular persons , and to bee disposed onely , to and for the peculiar seruice and peculiar Seruants of GOD. And therefore in the 28. verse , it is said , to be seperate from the common vse , because it is separate , and set apart vnto the Lord. 3 But some happily will say , that this vse of Tithing rises out of the Leuiticall Lawe , and so ended with it . I answere , that it was receiued and practised by Abraham , and a Iacob diuers hundred yeeres before it came to the Leuites . For it is said that Abraham gaue tithe to Melchisedeck , Gen. 14. 20. And that Leuy himselfe paid tythe also in the loines of Abraham , Heb. 7. 9. Melchisedecke was the image of CHRST , and his Church ; Abraham of the congregation of the Faithful . Therfore though Leuy receiued tithes afterward , by a particular grant from GOD , for the time : yet now hee paide them generally with the congregation , in the loines of Abram vnto the Priesthood of Christ , heere personated by Melchisedeck : which being perpetual , & an image of this of the Gospell , may well note vnto vs , that this dutie of Tythe , ought also to bee perpetuall . And therfore b Chrysostome saith : that Abraham heerein was OVR tutor : not the tutor of the Iewes . And in somuch as Abraham paid it not to a Priest that offered a Leuiticall Sacrifice of Bullocks and Goates : but to him that gaue the Elements of the Sacrament of the Gospell , c bread and wine : it may also well intimate vnto vs , to what kinde of Priest we are to pay our tithes : namely , to him that ministreth vnto vs the Sacrament of bread and wine , which are onely those of the Gospell , and not the Leuiricall Priests . So that our tythe paide in this kinde , cannot bee said Leuiticall : as also for that the Leuitical tythes , were onely of things d renewing and increasing : whereas Abraham and Iacob paid them of all : as if they had followed the cōmandement of the Apostle ; Let him that is taught in the Word , make him that hath taught him part taker of c AL. Gal ▪ 6. 6. God also requireth this dutie of tythe by his owne mouth , as of olde belonging vnto him , before the Leuites were called to the seruice 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 bundance of thy liquor shalt thou not keepe backe : meaning Tithes and first fruits , and therfore Ierome 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 formerlie due vnto GOD : for wee cannot say , that any thing is kept backe , or with-holden that was not due before . Therefore wee finde no originall commondement of giuing tithe vnto GOD : but vpon the first mentioning of them in Leuiticus , they are positiuely declared to bee 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 olde 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 Leuites : God doth not say , The children of Israel shal giue their tithes to the Leuites ▪ but he saith , Behold I haue giuen them to the Leuites . And continuing this his claime vnto them , against those that many hundred yeeres after disseised him of them : hee complaineth , Malachy . 3. 8. That they that withheld their tyths from the Leuites , spoiled him himselfe . But hauing handled this argument more largely in a greater worke : I will heare close it vp with opposing against these kindes of Aduersaries , not onely the reuerend authority of of those ancient and most honourable Pillars of the Church . SS . a Ambrose , b Augustine , c Hierome , and d Chysostome , ( who though they runne violently with Saint Paul , against such ceremonies , as they conceiued to to be Leuiticall ; yet when they come to speake of Tithes , admit , maintaine , and command the vse thereof : ) But also the resolution of many ancient e Counsels and a multitude of other f Fathers & Doctors of the Church in their seu●rall ages : all of them concurring in opinion , that Tithes belong iustly vnto GOD ; and many of them commanding all men euen vpon perill of their soules not to withholde them : which Argument 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 du● in queta parte , iure diuino ( which requireth a larger discourse ) yet I neuer read of many that impugned them absolutely . Lieutardus , who liued about 1000 yeeres after Christ , taught the payment of them to bee superfluous and idle , and then growing desperate , drowned himselfe , as it were to giue vs a badge of this Doctrine . 4 Touching oblations and offrings . The Fathers vnder a this name accounted all things , that were giuē or dedicated to the seruice of God. And in the first ages of Christiā religiō ( after the great persecutions ) the Church by this meanes began so to abound in riches , that the good Emperours b themselues , were constrained to make laws ( not vnlike our statutes of Mortemaine ) to restrain the excesse thereof : for feare of impouerishing their temporall estate In those daies , many Churches had Treasuries for keeping these oblations ( as the Storehouses at Hierusalem , appointed by c 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 neede . therefore , to spend many words in a small matter : for all the Oblations now in vse , are in effect the two-peny Easter Offrings , and a fewe other such like : which because the owners of Appropriate Parsonages shall not ignorantly conuert vnto their owne benefit : I will shewe them why they were paied , and why they haue them . Saint Paul ordained in the churches of Galatia & Corinth , that euery one vpō the Lords day should yeeld somewhat to God for the Saints . 1 , Cor. 16. ● ▪ ● But this ( being once a weeek ) came too thick & too often about . Therfore in d Tertullians time the vse was to doe it monthly , and ( at last ) at pleasure . But it was euer the ancient vse of the Primitiue Church ( as appeareth by e Justin & Cyprian ) that al● that come to the holy Communion , did according to their abilities , offer something of their substance to God , for charitable vses and maintenance of the Ministers . Therefore f Cyprian sharply taxeth a rich Matron , that receiued the Communion , and offered nothing . Locuples & diues & dominicum celebrare te credis , quae g Corban omnino non respicis &c. What ? ( saith hee ) art thou able and rich ? and dost thou thinke that thou celebratest the Lords Supper , which bringest nothing to the Treasurie ? So ( Irenaeus saith ) h That it was the vse of the Church through the world in his time , and receiued from the Apostles ; to offer something of the blessings that they liued by , as the first fruits thereof , to him that gaue these things vnto them . Which i Zanchius vnderstandeth to bee meant of offrings at the Communion : giuen to holy vses , 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 offrings ( as also those , at , & for Christnings , Burials , &c. which I will not now speake 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 , and howses , belonging to Parsonages ( which I would haue called Gods fixt inheritance , but that I see it is moueable : ) I cannot say that they are Gods ancient demaines , in the same forme that tithes are , and as our Clergie enioieth them , but the warrant and ground thereof , riseth out of the word of God , who not onely gaue vs a president thereof , whē hee appointed Cities for the Leuites to dwel in , with a conuenient circuit of fields for the maintenance of their Cattell , Num. 35. 2 , &c. but commanded also the Children of Israel ( and in them all the Nations of the world : ) that in diuision 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 vpon : Ezeck 45. 1 , & 4. So that the houses and lands that our Ancestors haue dedicated to God in this manner , for the Churches and Ministers of this time : are now also his right and iust inheritance , as well as those which the Israelites assigned for the house of God , and Leuites of that time ▪ and commeth vpon the same reason and in lieu thereof . But because it is vncertain when and how they were brought into the Church , I will say something touching that point . In the time of the Apostles the vse was ( as appeareth Acts 2. 45. & Acts 4. 34 , & 35. ) to sell their lands , and bring the money only , to the Apostles . For the Church being then in persecution , and the Apostles not to remaine in any particular place , but to wander all ouer the world , for preaching the Gospell : they could not possesse immoueable inheritances : and therefore receiued onely the money they were sold for , distributing it as occasion serued . But after when the church obtained a little rest , & began to be settled : a it found much casualty in pecuniary contributions , and chused therefore rather to retaine the Lands themselues , giuen for the maintenance of Gods Priests and Ministers : then ( by suffering the same to be sold ) to furnish the time present with abundance , and leaue the future time to hazard and vncertainety . Heereupon the Fathers in the b Primitiue Church , as well before Constantine ( as appeareth by his owne Edicts , and by c Origen d Eusebius , and the Epistles of e Pius , and f Vrban ) as after : began to accept & retaine the lands thus giuen , and to leaue them ouer to their successors for a perpetual Dowry of the Church . And this vpon experiēce was found to be so godly and worthy a course , that it not onely receiued the applause of all succeeding ages : But commendeth for euer vnto vs their temperance , in desiring no more then for present necessity , their zeal in prouiding for posterity , and their great wisdome , ( or rather , Propheticall spirit ) which fore-sawe so long before hand that , deuotion though it were 〈◊〉 at one time hot & feruent , yet , at another it might be cold enough : and therefore when time serued , they would by this meanes prouide that the Church for euer , should haue of her own , to maintaine her selfe wi●hall . Vpon this ensued many godly prouisiōs for endowment of Churches , and for annexing their liuings so vnto them , as neither the variety of time , nor the impiety of man ( if it were possible ) should euer haue diuorced them ; as appeareth by a multitude of ancient Councels , Canons , Statutes , and decrees of the g Church , h Emperours , and i Princes , to that purpose . Therefore whilest the world burned so with that sacred fire of deuotion , towards the aduancement of the glory of God : that euery man desired to sanctifie his hand , in the building of Churches , lest such holy monuments for want of due maintenance , should ( in proces of time ) becom , either contēptible , or vnprofitable . It was at length ordained , in k Aurel. Concil . 4. ( An. 545. ) cap. 33. And l Concil . Valentin . ( An. 855. ) cap. 9. That , whosoeuer builded a Church , should assigne vnto it a * Plough-land , 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 Liuings to those Churches . And it was also prouided by the third Councel 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 Prouinciall Councels , not Generall : they bound not our Countrey , otherwise then by doctrin and example . Therefore it was heere decreed afterward , to the same effect in a o Synod at London vnder Anselme Arch-bishop of Canterbury , Anno Domini 1105. H. 1. 3. And though the Lawes of our Church began then first ( as farre as I yet can finde ) to constrain our Country-men to giue 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 dutie , out of the word of God , to do the same ▪ as appeareth by many Presidents , whereof I will onely alleadge one , ( but aboue others , that most famous ) of * ETHELWULPHVS King of West-Saxony , who ( in the yeere of our Lord 855 ) as p Ingulphus Saxo , and q Simeon Dumelmens . report , by the aduice and agreement of all his Bishops and Nobility : Gaue , not onely the tithe of the goods , but the r tenth part of the Land through his Kingdome for euer , to God and the Churches , free from all secular seruices , taxations , and impositions whatsoeuer . In which kind of religious magnificence , as our succeeding Kings haue also abounded : so haue they from s 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 t vows and impreceations against all that should euer attempt to violate the same . Therefore if these things had not bin primarily due vnto God by the rule of his word , yet are they now His , and seperate from vs , by the voluntary gift and dedication of our ancient Kings and Predecessours : as was the u tribute of a third part of a shekell , which Nehemiah and the Iews , out of their free bountie , couenanted yeerely to giue vnto God for the seruice of his house . For , as Saint Peter x saith to Ananias : Whilest these things remained , they appertained vnto vs , and were in our owne power ▪ but now , when wee haue not onely vowed them , but deliuered them ouer into the hands and possession of Almighty God ( and that , not for superstitious and idle orders , but meerly for the maintenāce of his publike diuine worship , & the Ministers thereof ( they are not now arbitrable , nor to be reuoked by vs , to the detriment of the Church . 6 Churches being erected and endowed : they and their liuings , were ( as I say ) dedicated vnto God. First , by the solemne vowe and oblation of the Founders : then by the solemne act of the Bishoppe , who to seperate these things from secular & prophane imployments , not onely ratified the vow and oblation of the Patron or Founders : but consecrated also the Church it self : vsing therein great deuotion , many blessings , praiers , works of charity , and some Ceremony , for sanctifying the same to diuine vses . Therefore also haue the ancient a Councels added many fearefull curses against all such as should either violate it , or the Rights thereof . This consecration , Master a Perkins calleth a Dedication , but confesseth it to haue beene in vse in this manner , about the yeere of Christ 300. ( which is within the time of the Primitiue Church ) onely he admitteth not , that it was then performed with Ceremony and the signe of the Crosse ; which heere I will not stand vppon , nor to shew the greater antiquity thereof , ( though I thinke it may well bee prooued . ) For Athanasius being in those daies accused by the Arians , of ministring the Communion in a Church not consecrated , excused himselfe to haue done it vpon necessity . And a Theodoret reporteth , that Constantine ( then likewise ) cōmanded , all those that were at the Councel of Fyrus , should come to * Aelia : and that others should be assembled from all parts , for * Consecration of the Churches , builded by him . Which sheweth it to be so notorious and generall an vse at that time , and to haue such vniuersal approbation ; as it could not , but haue a roote 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 vse priuat houses , and solitary places for their assemblies . Yet , euen those houses , hadde ( as it seemeth ) some consecration , for they were most commonly called * aedes sacrae , Holy houses , & haue left that name , ( to this day ) amongst vs , for our Churches , as a testimony of their sanctification , whereof I shal speake more anon . * Eusebius also saith : that insomuch as the Holy houses and Temples of that time , were thus Dedicated and Consecrated vnto God , the vniuersall Lord of all : therefore they receiued his name , & were called in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( in Lattin , Dominica ) the Lords houses : Which name , saith he , was not imporsed . vpon them by man : but by himselfe onely , that is Lord of all . Of this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , commeth the Saxon word Cyric or Kyrk : and ( by adding a double aspiration to it ) our vsuall word Chyrch or Church , as it were to put vs euer in mind , whose these Houses are : namely , the Lords houses : like that , which IACOB dedicating vnto GOD , called ( Bethel : ) that is , the house of God. But both Church and Church-liuings were thus solemnely deliuered into Gods possession ; and therefore all ages , Councels and Fathers ( that euer I yet haue met with ) account them holy and inuiolable things . And hereupon they are termed , Patrimonium Christi , Dos Ecclesiae , Dos sponsae Christi , and Sacrata possessio , or Praedium sanctum . For , Euery thing that a man doth separate vnto the Lord from the common vse , whether it be man , or beast , or Land of his Inheritance , it is Holy to the Lord : Leuit. 27. 28. And in what sort I vnderstand the word Holy , I haue before declared . 7 As then the Law of Nature , primarily taught all Nations in the world to giue these things vnto God ▪ so the very same Law , also taught them that it was sacriledge and impiety to pull them backe againe : yea , the very heathē , counted the things thus seuered vnto their gods : to be Sancta & inuiolanda . And Saint Augustine expoundeth , Sanctum illud esse , quod violare nefas est . It is execrable wickednes , to violate that that is holy . Pharo would not abridge the Priests of thei● diet , or land : no not in the great famin . The very Barbarous Nations of the world , euen by the instinct of nature , abhorred this impietie Diodorus Siculus noteth of the Gaules , that though they were a people , aboue all others most couetous of gold : yet hauing aboundance 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 alledge a multitude of Heathen stories to this purpose . But I will not weaue the wollen 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 sheep that are of the fold of Christ , are tied onely to heare his voice , and to follow that , which if they doe not , they are thereby knowne to bee Goats , and not of his fold . 8 The cause why I touched vppon this one heathen Example , is to aggrauate the manifold sins of vs 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 wee that know him , doe lesse regard him ? If it goe hard with Tyrus and Sydon in the day of iudgement that sinned ignorantly ; how much harder will it bee with Corasin and Bethsaida that sin presumptuously : Especially with Capernaum that despiseth her Lord God and Master , Iesus Christ him . selfe ? What is to despise him ; if to robbe him of his honor , be not despise him ? Or what is to rob him of honour , if to take from him the things giuen him for maintenance thereof , bee not to rob him ? Therefore when the children of Israel withheld their tithes & offerings from the Leuites , hee crieth out in Malachy 3. 8. That himselfe was robbed and spoiled : and was so highly offended therewith , that hee cursed the whole Nation for it . And to make this sin appeare the more monstrous , he conuinceth the offenders therein : not onely to bee violaters of his Legall ordinances , but euen of the very lawe of Nature , written in the heart of euery man. For , saith he , Will any man spoile his gods ? As if hee should say : Can such a man bee found as will , or dares commit that sinne , that all the Nations of the world , euen by the instinct of nature , account to bee so horrible and impious ? To spoile his gods : what his owne gods ? Some were found , that now and then aduentured to spoile the gods of other Nations ( yet not without punishment ) but fewe or none that I reade of ( till these latter daies ) that spoiled their owne gods , in apparent and ouert manner , as the Lawyers terme it . I count it not ouert and apparant , when we doe as Ananias and Saphira did : pinch & detract from God , somewhat of that we vowed to giue : Nor , when we doe as the children of Israel heere did ; withhold that which wee ought to pay out of our own goods ( yet both these were heinous sinners , and dreadfully punished . ) But I call it ouert & apparant , when we throw our selues into a more dangerous sinne , by inuading openly the deuotions of other men , and taking that from God and from his Church , ( as Athalia did ) which wee neuer gaue vnto it , euen the lands and liuings thereof : yea , the Churches themselues . 8 Doubtlesse we haue much to feare in this point : For as it is a transcendent sinne ; so Dauid labouring to match it with a transcendent punishment , bestoweth a whole Psalme , ( viz. the * 83. ) in inueying particularly against these kind of sinners ▪ such ( expresly ) as would take to themselues the houses of God in possession ; for that onely is the very center of the Psalme , and therein do all the lines and proiections of the Prophets inuectiues , incurre . First hee maketh a flat opposition between God and them : and therefore calleth them his enemies . Then he describeth the nature of these kinde of enemies : namely , that they are murmuring enemies , as grudging , and enuying at the prosperity of the Church : Malicious enemies : as hating , or hurting the seruice of God. Proud enemies , as lifting vp their heads against God : ver . 2. Craftie enemies ; as imagining how to beguile the Church . Conspiring enemies ; as taking Counsell together against Gods secret ones ( as the Prophet calleth them ) that is , Gods seruants & Ministers : ver . 3. And lastly , Confederate enemies : as cōbining them selues one by example of another , to perseuere in their course of wronging and violating the Church : vers . 5. Yet for all this , those against whom the Prophet thus enueigheth , did not that they desired ▪ They discouered their malitious purpose by word of mouth , saying : Let vs take to our selues 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 haue both preuailed : for wee haue got the houses of God into our possession : His Churches , his lands , his offerings , his holy rights . We haue gotten them , and led them away captiue , bound in cheines of yron : that is , so conueied and assured vnto vs , by Deed , by Fine , by Act of Parliament , as if they neuer should returne again vnto the Church . But heare what Dauid saith to those of his time . Mark how he praieth for them . Marke what strange and exquisite punishments he designeth to them : and that in as many seuerall all sorts , as there are seuerall branches in this kind of sinne . First , hee praieth , that God would deale with them , as hee did with the Madianites : vers . 9. That is , that as Geaeon 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 vpon 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 hee would make them like Oreb , and Zeb , like Zeba and Salmana : verse 11. All which were strangely ouerthrowne , died violent deaths , and beeing glorious Princes of their nations , became like the filthy & lothsome Dung of the earth : vers . 10. And Iudges ● . 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 , wauering and vnstable in their actions : so as they may neuer bring their purposes to an end . Yea , make them abiect and contemptible ; like the chaffe that the wind scattereth from the face of the earth : vers . 13. Well , is hee now satisfied ? 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 vpon 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 vp the wood . The other miraculously , As the flame censumeth the mountaines : vers . 14. Persecute them euen so , ( saith hee ) with thy tempest , and make them afraid with thy storme . Make their faces ashamed , O Lord , that they may seeke thy name . Let them be confounded and vexed euer more and more , let them bee put to shame and perish : vers . 15 , 16 , 17. How should the wit of man discouer and prosecute a sin in more vehement and horrible manner ? Or , what shall make vs to abstaine from such haughty sinnes ? if all this preuaile not . Well , if to take the houses of God into possession , bee thus ? take them that will for mee . 9 You see how Dauid in this his sacred fury , was admirably caried against this sinne . Well therefore might hee say : The zeale of thine house hath eaten me vp : Psal. 69. 9. Yet , he spake it not of himselfe alone : but in the person also of our Sauiour Iesus Christ ; who in prosecution of Dauids zeale , did that in this case ; that hee neuer did at any time else in all his life . In all other cases he shewed himselfe like the Pascall Lambe , that euery body did eat and deuour● at pleasure ; and like the sheep that was dumbe before the shearer , euen 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 hee saw the Church his beloued spouse , depriued and spoiled of the honour , reuerence , dutie and ornament , that belonged to her : Then , as Dauid did , he groweth into a sacred fury ; hee leaueth the mildnesse of the Pascall Lambe , and taketh vppon him the fiercenesse of the Lion of Iuda . Then he beginneth to bestir him , and to lay about him . He whippeth out them that prophaned it ; driueth out their sheep & their oxen , though they were for the sacrifice : and ouerthroweth the table of the mony changers : Iohn 2. 14. He would by no meanes indure such trumtrumpery to bee in his Fathers house , nor his Fathers house to 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 referrens . But ere I depart from this place of Scripture ; let me note one thing more out of it , for the greater reuerence of Churches : that although our Lord bee heer said , to haue 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 Leuite Priests : and of them also , none into the second Tabernacle , but the High Priest. Therefore , although our Sauiour Christ , were a Priest for euer after the order of Melchisedeck : yet because hee was not a Priest of Leuy : but of the Tribe of Juda ( of which Tribe Moses spake nothing touching the Priesthood : Heb. 7. 14. ) I take it , that a he neuer came within these parts of the Temple : nor where the sacrifice was , but frequēted only b Atrium populi , the outward court from the Temple . For into this only , 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 Salomon praied vpon ) was erected . Yet , this very place , this court , or outward yard , would not our Sauiour 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 Leuetically 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 alledged : And Acts 3. 2 , 3. By which reason the very Church-yards themselues ( being Dedicated with the Churches , and the principall soile thereof : as an old Statute witnesseth ) seeme also to haue in them a certaine kind of Sanctification : and are not therefore to bee 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 , haue well prouided for them . 10 But some will say , that the sanctification of the Temple was Leuiticall , and therefore abolished , and not to bee applied to our Churches . I answere , the Temple was sanctified lished : or remaineth to our Churches . vnto three functions ; which also had three seuerall places assigned to them . The first , belonged to the Diuine presence ; & had the custody of y● Holiest 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 & attonement : namely , by sacrifice , oblations , and other Leuiticall rites : the place thereof being the 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 worshippe , praier , and doctrine ( without any pompe or ceremony : ) and the place of this , was the outward Court , ( called , * Atrium populi , and * Salomons porich ; ) 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 appropriate to the Law. For , they were Ceremoniall , Mysticall , Secret , Leuiticall , Iudaicall , 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 & romote from the people . Leuiticall ; as committed only to the administration ; of that Tribe ▪ Iudaicall ; as ordained onely for the saluation of that people . And Temporall ; as instituted 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 al the points alledged to the former two . First ( as I said before ) it was for simple worship , Praier , and Doctrine which were there to be performed and deliuered in all sinceritie , without any ceremony or ceremoniall implement vsed therein . Secondly , there was no matter of mystery therein to be seene ▪ but whatsoeuer 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 euery man. Fourthly , it was not appropriate to the Leuites , but common alike to all the Tribes . Fifthly , not ordained for the Iewes particularly , but for all Nations in generall . And lastly , not to endure for a time , ( as those other two of the Law ) but to continue for euer : euen after the Gentiles were called as well as the Iewes : 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 bee called an house of Praier , to all Nations . Hee said not , an House of Sacrifice to all Nations : for the Sacrifice ended , before the calling of the Gentiles , and so they could haue no part thereof . Nor an House of praier for the Jewes onely , for then had the Gentiles ( when they were called ) been likewise excluded . But an House of praier to all Nations , that is , Iewes and Gentiles indifferētly : which therefore , must haue relation to the times of the Gospel . And consequently , the sanctification of that house , and of that function , is also a sanctification of the Churches of the Gospel . 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 euer to continue to his Church : therefore hee purgeth it of that that prophaned it ; restoreth it ( as hee did mariage ) to the originall sanctitie : And that the future world ( which was the time of the Gospell ) might better obserue it , then the precedent , and time of the Law had done ; hee reporteth , and confirmeth the decree , whereby it was sanctified : It is written , saith he , ( as producing the record and wordes of the foundation ) My house shall bee called an house of praier to all people . Hee saith , My House , as excluding all other , from hauing any property therein ; for , God will bee Ioynt-tenant with no man. And it shall bee , An house of praier for all people : that is , publike foreuer ; not priuate , nor appropriate to any ▪ nor a denne of theeues ; that is , no place of Merchandise , or secular businesse , as Saint I●rome expoundeth it . It must not be an Impropriation ; no man can , or may hold it in that kind . The time also when our Sauiour pronounced these words is much to the purpose as it seemeth to mee . For it was after he had turned out the oxen & doues ; that is , the things for the Sacrifice . As though , hee thereby taught vs , that when the Sacrificall function of the Temple was ended : yet the sanctification thereof , to bee an house of prayer , for euer remained . 11 This doctrine of our Sauiour , is continued vnto vs 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 poore ; yet because it was against the reuerence of the place : hee not onely reproueth them for it , demanding if they had not houses to eat and drinke in at home , but skaring them also ( by shewing the daunger they were falling into ) hee speaketh to them as with admiration : Despise ye the Church of God ? As if hee should say , is your religion now come vnto that ? or is that your Religion , To despise the place that God hath sanctified vnto himselfe ; by making it , as Saint Ierome saith , Triclineum epularum , a banqueting house . God wondered in Malachy , that any should spoile their gods . And the holy Ghost heere wondereth , that any should despise the materiall Church : for so Saint Ierome expoundeth it . Thus both of them wonder at one & the same thing : that any man should be so irreligious , as to profane the reuerence due vnto God , and that that is his . 12 So precise therefore were the Ancient Fathers in this point , that , that meeke Saint of God , Saint Augustine , would by no meanes endure that any should vse clamors , or dācing within the vi●● of the Church . Yea , hee 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 abused ! Oh , how Saint Ambrose taketh it , euen against the Emperour himselfe , great Valentinian that required it for an Arian : O ( saith hee ) let him aske that is mine , my lands , my goods , and whatsoeuer I possesse , I will not deny them ; yet are they not mine , but belong to the poore . Verum ea quae diuina sunt , &c. saith hee , but those things that are Gods , are not subiect to the authoritie of the Emperour . If my lands ( I say ) be desired , enter them a Gods name ; if my body , I will carry it him ; if hee will haue mee to prison , yea , vnto death , it pleaseth mee well , I will not defend my selfe with multitude of people , neither will I flie to the Altar , desiring my life , but with all my heart will die for the Altars . And after , in speaking of the impious Souldiers : O that God ( saith hee ) would turne their hands from violating the Church , and then let them turne all their weapons vpon mee , and take their fill of my bloud . And many such excellent speeches he hath for the sanctity of the Church , and of the reuerēce due vnto it , in his Oration , De Basilicis tradendis . My purpose is to bee short ; I will not therefore now enter any further into the authorities of the Fathers : or meddle with the Councels and ancient Canons of the Church which abound so in this kind of zeale , and haue established it ( against the Eustathians , M●ssalians , and Fraticelli , * 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 . 13 It seemeth a small thing to daunce in the Church-yard , or to eate and drinke in the Church . But sanctification ( saith Ierome speaking on this matter ) consisteth also euen in the small things . Therefore Ecclesiasticus aduiseth vs , that we giue not the water passage , no not in a little . For he that oponeth the waters but a little , knoweth not how great a breach they will make at length . So is it to make an entrance into sin , or to breake the reuerence of holy things in trifles . Therefore God punished seuerely the petty offenders in this kind : not Corah onely and his company , that inuaded the high function of the Priesthood : but euen him that gathered the stickes on the Sabath day : Numb . 15. 34. And poore Vzzah himselfe ( whom Dauid 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 I conclude this point with the saying of Salomon , Pro. 20. 25. ( and let al men consider it : ) It is a snare for a man to deuoure 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 Vzza taken ere hee was aware : hee did but touch the Arke , and presently hee was catcht . King Vzziah did but meddle with the incense , and presently the Leprosie 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 . Vzza died in it presently . Vzziah 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 , & their companions ( most miserable men ) were detained in it , to their notorious destruction . I might heere take iust occasion to remember what hath happened to many in this Kingdom , that became vnfortunate after they medled with Churches , and Church-liuings . But I will run into no particularities . Let those men , and those families , which are vnfortunate ( as wee terme them ) consider , whether themselues , their Fathers , or some of their Ancestors , haue not been fettered in this snare . And let the Proprietaries of Parsonages also well consider these things . For , if Vzza died , that did but touch the Arke to saue it : what shal 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 publike sanctification thereof . And if Corah , Dathan and Abiram , offended so hainously , in medling with the things of the Leuiticall Priesthood , though they imployed them to the seruice of God : what haue they to feare , that vsurpe the things of the Gospel , & peruert thē wholly to their owne vse , from the seruice of God ? Yea , that pollute his Churches and houses of prayer to seruile & base offices : leauing the Parishioners vncertenly prouided of diuine seruice , to the destructiō both of the Priesthood it selfe , and of the seruice of God in generall . 15 But they will comfort themselues with this : that though the Churches bee sanctified to some purpose , yet the sanctity thereof differeth from Leuiticall sanctification : and that God doth not now kil any from heauen , for prophaning the things of the Gospel , as he did then , for prophaning the things of the law ▪ I answer : The sanctity in deed of the one , differeth from the sanctity of the other . For the Leuiticall things were sanctified by the hand of man , to be matter of Ceremony ; but the churches of the Gospel , are sanctified by our Sauiour himselfe , to be houses of prayer . Not that prayer is to be vsed onely in these places but that these places are onely to be vsed for prayer . And wee must not presume that God sleepeth because hee punisheth not ( now as he did of old ) the cōtemners of his worship ▪ For as the law consisted in visible & temporal things , so the punishments therin , were for the most part visible and temporal . But the Gospel concerneth things inuisible and eternall , and therefore the punishments assigned therein , are for the most part , inuisible & eternall . 16 They haue also another comfort , and that is , 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 diuers Law-termes vnto these things that properly belong to temporall inheritances : and that the Statute of 32. H. 8. hath made them demandable by originall Writs , & hath giuen certain real actions , & other courses for recouering & conueying of them in Temporall Courts : because Lay-men could not in former times haue sued for things of this nature in any Court of the Kingdom . But this prooueth not the things themselues to bee therefore temporall , ( no more then that an English man is a Frenchman , because he saileth in a French bottome . ) For vpon the same reason ; the Statute giueth also other actions ( for recouering of tithes and offerings withholden , &c. ) in the Courts spiritual . They then that out of the one part of the Statute wil haue them temporall , are by the other part in forced to confesse them still Spirituall , and so to make them like a Centaure : prolem biformem . It were very hard ( in my vnderstanding ) to ground a point of so great consequence , vpon subtiltie 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 a Dier , whether tithes be made Lay or Temporal by any words in those Statutes . And therefore I must leaue this point to my Masters of the Law , who haue the key of this knowledge onely in their owne custody . Yet I thinke I may bee so bold , as to say thus much out of their owne b bookes , that a Statute , directly against the Law of God , is void . If then Tithes be things spirituall , and due de iure diuino , as many great c Clarks , Doctors , Fathers , some Councels , and ( that euer honorable Iudge and Oracle of Law ) my Lord Coke himselfe in the second part of his d Reports affirme them to be : I cānot see how humane laws should make them Temporal . Of the same nature therfore that originally they were of , of the same nature do I still hold them to cōtinue : for manēte subiecto , manet cōsecratio , manet dedicatio . Time , Place , and Persons , do not change them , as I take it , in this case . c Nabuchodonozor took the holy vessels of the Temple , hee caried them to Babylon , hee kept them there all his life , and at last left them to his ●onne and grandchildren : but all this while , the vessels still remained holy . Yea , though they were comne into the hands of those that were not tied 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 Grandfathers : yet as soone as they beganne to abuse them to prophane vses ; that very night Balshazzer 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 Approprietaties comfort themselues , that they may hold these things by example of Colleges , Deanes and Chapters , Bishops of the land , and of diuers of our late Kings & Princes . Before I speake to this point , I take it by protestation , that I haue no heart to make an Apology for it . For I wish that euery man might drinke the water of his owne well , eate the milke of his own flock , and liue by the fruit of his owne vineyard . I meane , that euery member might attract no other nutriment , but that which is proper to it selfe . Yet are they greatly deceiued , that draw any iuce 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 therfore to be susteined by it : for Saint Paul saith . Hee that prouideth not for his owne , and namely for them of his household , he denieth the faith , and is worse then an Infidell : 1. Tim. 5. 8. a Therefore before the Statutes of suppression of Abbies , those that were not meerely Ecclesiasticall persons , yet if they were mixt , or had ecclesiasticall iurisdiction , they might by the Lawes of the Land , participate Ecclesiasticall liuings , and b Tithes particularly . And this seemeth to take some ground out of the word of God. For the prouinciall Leuites ( as I may terme them ) whom c Dauid seuered frō the Temple , and placed abroad in the countrey 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 Leuites that ministred in the Temple . Now , that the King is b Persona mixta , endowed aswell with Ecclesiasticall authority , as with temporall : is not only a sollid position of the common Law of the Land , but confirmed vnto vs by the continuall practise of our ancient Kings , euer since , and before the Conquest , euen in hottest times of popish feruency . For this cause at their coronations , they are not onely crowned with the Diadem of the Kingdome , and girt with the sword of Iustice , to signifie their Temporal authority , but are anointed also with the c oile of Priesthood , and clothed , Stola Sacer dotali , and veste d Dalmatica , to demōstrate this their Ecclesiasticall iurisdiction , whereby the King is said in the Law to be Supremus Ordinarius , and in regard thereof , amongst other Ecclesiasticall rights , and prerogatiues belonging vnto him , is to haue al the e Tithes ( through the Kingdome ) in places that are out of any Parish , for some such there be , and namely , diuers f Forrests . But for all this : O! that his Maiestie would bee pleased to remember Syon in this point . 18 I grow too tedious , yet before I close vp this discourse , let mee say one thing more to the Aproprietaries of Churches , that happily , they hitherto haue not dreamed of . And that is , that by hauing these Parsonages , they are charged with Cure of soules , and make themselues subiect to the burthen that lieth so heauily vpon the head of euery Minister : to see the seruice of God performed , the people instructed , and the poore relieued . For to these three ends and the maintenance of Ministers , were Parsonages instituted , as not onely 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. doe manifestly testifie . And no man may haue them but to these purposes , neither were they oth●rwise in the hands of Monasticall pe●sons , nor otherwise giuen to the king by the statute of dissolution , then a in as large and ample manner , as the gouernors of th●se Religious houses had them , nor by him conueied otherwise to the subiects . For , Nemo potest plus iuris in aliam transferre , quam ipse habet : No man may grant a greater right vnto another , then hee hath himselfe . And therefore , goe where they will , transeunt cum onere , they carry their charge with them . Vpon these reasons Proprietaries are still saide to bee b Parsons of their Churches , and vppon the matter , are as the Incumbents c thereof , and the Churches by reason of this their incumbencie , are full and not void . For otherwise the d Bishop might collate , or the King present a Clarke ( as to other Churches ) as it seemeth by the argumēts of the Iudges in the case between Grendon & the Bishop of Lincolne in Mr Plowdens Coment . where it is also shewed , that the Incumbencie is a * spirituall function , and ought not to be conferred vppon any but spirituall persons , and such as may themselues doe the diuine Seruice , and minister the Sacraments . Therefore , Dier , L. Chiefe Iustice 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 diuine Seruice . Implying by this speech of his , that it was much more horrible for Lay-men to hold them , that neither could doe these holy rites , nor were so much as spirituall persons to giue them colour ●or holding of spirituall things . Therefore Seriant * Rastal , also termeth it a Wicked thing , complaining ( in his time ) that it continued so long , to the Hind●r●nce ( he saith ) of learning , the impouerishing 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 , that it is recorded in History , that there were ( amongst other ) two grieuous persecutions , the one , vnder Dioclesian ; the other vnder Julian , named the Apostata : for it is recorded , that the a one of them intending to haue 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 cruel and grieuous persecution : but the persecution vnder the b other , was more grieuous and dangerous , Quia ( as the History saith ) ipse occidit presbyrerium . He destroied the very order of Priesthood . For hee robbed the Church , and spoiled spirituall persons of their reuenues , and tooke all things from them whereof they should liue . And vpon this , in short time , insued great ignorance of true religion , and the seruice of God , and thereby great decay of Christian profession . For none wil apply themselues or their sons , or any other that they haue in charge , to the study of Diuinitie , when after long and painfull study , they shall haue nothing whereupon to liue . Thus farre my Lord Coke . I alledge these Legall authorities , and leaue Diuinity , because the Approprietaries of Parsonages ( which shield themselues vnder 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 Lawe haue of this matter , to the end , that we should not hang our consciences vpon so dangerous a pinne , nor put too great confidence in the equity of Lawes , which we daily 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 comming before the iudgment seate of Almighty God , must answer also for this c spirituall function . First why he medled with it , not being called vnto it . Then , why ( * medling with it ) he did not the duety that belonged vnto it , in seeing the Church carefully serued , the Minister thereof sufficientlie mainetained , and the poore of the Parish faithfully releeued . This I say , is the vse whereto Parsonages were giuen , and of this vse wee had notice before we purchased them : and therefore , ( not onely by the lawes of God and the Church , but by the Lawe of the Land , and the rules of the Chancery , at this day obserued in other cases ) wee ought onely to hold them to this vse , and no other . 19 It is not then a work of bounty and beneuolence to restore these appropriations to the Church , but of duety and necessity so to doe . It is a worke of duty to giue that vnto God that is Gods , Mat. 22. 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 restitut potest : The sinne shall not be forgiuen , without restoring of that which is taken away , if it may be restored . It is duety , iustice , and necessity , to giue them backe vnto God. For if Judas ( who was the first president of this sinne ) were a thiefe , as the Holy Ghost termeth him , for imbeasiling that which was committed vnto him for the maintenance of Christ and his Disciples , that is of the Church : by the same reason , must it also be the euery to withhold these things which were giuen for the maintenāce of the Church and Ministers of Christ. And herein it is a degree aboue that sinne of Iudas , as robbery is aboue theft : for Iudas onely detained the money ( deliuered vnto him ) closely and secretly ; but wee and our fathers , haue inuaded Church-liuings , and taken them ( as it were by assault ) euen from the sacred body and person of the Church . It is a great sinne to steale from our Neighbour ; much greater ( euer● sacriledge ) to steale from God. If it were so hainous a fact in Ananias to withholde part of his owne goods , which he pretended hee would giue vnto God , how much more is it in vs , presumptuously to reaue that from God , that others haue alreadie dedicated and deliuered vnto him . Salomon saith ; Hee that robbeth his Father and his Mother , and saith , it is no sinne , 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 * fathers , the Doctors , many great Councels , and ancient Lawes of the Church , command , that things taken from the Church , should be restored . And the Church by her a ● Preachers and Ministers continually entreateth , vrgeth , and requireth all men to doe it . They therefore that doe it not , they refuse to heare the Church : And then our Saour Christ , by his owne mouth , denounceth them b to bee as Heathens and Publicans , that is , excommunicate and prophane persons . If he refuseth ( saith our Sauiour ) to heare the Church also , let him be vnto thee as a heathen man , and a public in . Mat. 18. 17. It is a fearefull thing not to heare the c Church , but much more , not to heare Christ himselfe . Christ hath giuen vs a perpetuall Lawe and Commandement , touching things belonging to God : That wee should giue them to God. If we breake this Law , we breake a greater Lawe then that of the Medes and the a Persians : and therefore marke what the holy Ghost concludeth vpon vs ; Euery person that shall not heare this Prophet ( Christ Iesus ) shall bee destroied out of the people . Act. 3. 23. 20 To conclude then , as the Philistims made hast to send home the b Arke of God ; and the Aegyptians to ridde themselues of the c people of God : so let vs ply our selues to render vnto 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 onely himselfe knoweth , what hee hath determined against vs. And thus I end , with the saying of the blessed Saint Cypryan , Nec teneri iam , nec amari Patrimonium debet , quo quis & deceptus , & victus est . Wee must now neither hold that Patrimony , or liuing , ( no ) nor so much as take pleasure therein , whereby a man is entrapped and brought to destruction . And with that other of the noble Saint Augustine ; With what face canst thou expect an inheritance from Christ in Heauen , that defraudest Christ in thy inheritance heere on Earth ? Therefore Giue vnto Caesar the things that are Caesars , and vnto God the things that are Gods. ❧ An Epilogue . PArdon mee good Reader , though I haue neither satisfied thee , nor my selfe , in this little discourse . It is hard to bring a great vessell into a small creeke , an argument of many heads and branches , of much weight , variety and difficulty , into a fewe pages . It may bee thou thinkest the volume bigge enough for the successe that Bookes of this nature are like to haue . I reiect not thy iudgement , yet would I not haue others thereby discouraged from pursuing this cause : for though Peter fished all night and got nothing , yet hee made a great draught vnlooked for ) in the morning . Hee that directed that net , giue a blessing to all our labours . For my owne part ( if I catch but one fish ) I shall thinke mine well bestowed . Howsoeuer , it shall content me , and I thanke God for it , that he hath girded mee with so much strength as to strike one stroke ( though a weake one ) in his battell , and to cast one stone ( though a small one ) against the aduersaries of his Church . Some will say , I haue vsed too much salt and vineger in this discourse ; and that I haue bent the great Altillery of Gods iudgements and threatnings , vpon a piece of too light importance . I would the consciences of men were such , as oyle and butter might supply them . But I see they are for the most part ouergrowne with so hard a carnosity , as it requireth strong and potent corasiues to make an entrance into them . A Preacher may shake them now and then with a Sermon , as Paul did Faelix : but when the thunder and lightning are ceased , they are ( like Pharaoh ) still where they were . Yea some haue conscientas cauteriatas , as the Apostle termeth them , censciences ●eared with an hot iron : so stupified , that dead Lazarus may be raised , before they can bee moued . But God knoweth the heart of man , and bringeth water out of the hard rocke ; therefore though I haue spoken this ( as being iealous of the cause , ) yet in charity I will hope better euen of the hardest of them . Onely let no man thinke it a light sinne , to keepe open the passage whereby the * wilde bore ( of Barbarisme ) enters the Lords vineyard , and whereby God is depriued of the honour due to his name . Now at the parting , it may be thou desirest to know what successe this my labour had with the Gentleman to whom I sent i● . In truth neither that I desired , nor that which I promised vnto my selfe . For ( so it pleased Go● ) that euen the very day , the messenger brought it into Norfolke , the party died . Otherwise I wel l●oped , not to haue shot this arrow in vaine . But because it then missed the marke at which it was sent , ( and many thought not fit to loose it ; ) I haue now let it flie againe at randome with some notes and alterations , as the difference betweene priuate and publike things requireth : but still desiring that I might further haue shewed my mind in many passages hereof , ( and particularly touching tithes in quoto , and such Parsonages as haue Vicarage● well endowed ) which without making it almost a new worke , I could not doe ; and therefore resting vpon thy curieous interpretation , I leaue it to thee , ( for this time ) as it is . A SERMON OF St. Augustines touching rendring of Tithes . The occasion of this Sermon or Homily , was ministred vnto him by the time of the yeere , it being the 12. Sunday after Trinity , that is about the beginning of Haruest . The Scripture that he sitteth vnto it , is the 18. of Luke . Where the Pharesie boasteth of his precise iustice in payment of Tithes . It is the 219. Sermon de Tenipore : extant in the tenth Tome of his works , and there extituled : De reddendis decimis . BY the mercy of Christ ( most beloued brethren : ) the daies are now at hand , wherein we are to reape the f●uits of the earth ▪ and therefore giuing thanks to God that bestoweth them , let vs bee mindfull to offer , or rather to render backe vnto him the tithes thereof . For God , that vouchsafeth to giue vs the whole , vouchsafeth also to require backe againe the tenth , not for his owne , but for our benefit doubtlesse . For so hath hee promised by his Prophet , saying : * Bring all the Tithe into my Barnes , that there may bee meate in my house ; and trie mee , saith the Lord , in this point , if I open not the windowes of heauen vnto you , and giue you fruit without measure . Lo , wee haue proued how Tithes are more profitable vnto vs , then to God. O foolish men ! What hurt doth God command , that he should not deserue to bee heard ? For he saith thus : The first fruits of thy treshing floore , and of thy Wine-presse thou shalt not delay to offer vnto mee . If it be a sinne , to delay the giuing : how much worse is it , not to giue at all ? And againe , he saith , Honour thy Lord thy God with thy iust labours , and offer vnto him of the fruits of thy righteousnesse , that thy barnes may bee filled with wheat , and thy presses abound with wine . Thou doest not this , for God a mercy , that by and by shalt receiue it againe with manifold increase . Perhaps thou wilt aske , who shall haue profit by that , which God receiueth , to giue presently backe againe ? And also thou wilt aske , who shall haue profit by that which is giuen to the poore ? If thou beleeuest , thy selfe shall haue profit by it , but if thou doubtest , then thou hast lost it . Tithes ( deare Brethren ) are a tribute due vnto the needy s●ules . Giue therefore this tribute vnto the poore , offer this sacrifice vnto the Priests . If thou hast no Tithes of earthly fruits : yet whatsoeuer the Husbandman hath , whatsoeuer Ar● sustaineth thee , it is Gods , and he requires Tithe , out of whatsoeuer thou liuest by : whether it be Warfare , or Traffike , or any other Trade , giue him the tithe . Some things we must pay for the ground we liue on , and something for the vse of our life it selfe . Yeeld it therefore vnto him ( O man ) in regard of that which thou possessest : yeeld it ( I say ) vnto him , because he hath giuen thee thy birth : for thus saith the Lord : Euery man shall giue the redemption of his soule , & there shal not bee amongst them any diseases or mishaps . Behold , thou hast in the holy Scriptures the cautions of the Lord , vpon which hee hath promised thee , that if thou giue him thy Tith , thou shalt not onely receiue aboundance of fruites , but health also of body . Thy barnes ( saith he ) shall be filled with wheate , and thy presses shall abound with wine , and there shall bee in them , neither diseases nor mishaps . Seeing then , by payment of Tithes , thou maiest gaine to thy selfe , both earthly and heauenly rewards : why doest thou defraude thy selfe of both these blessings together ? Heare therefore , ( O thou zeale-lesse mortality ) Thou knowest , that all things that thou vsest are the Lords , and canst thou finde in thy heart , to lend him ( that made all things ) nothing backe of his owne ? The Lord God needeth not any thing , neither demandeth he a reward of thee , but honour ; he vrgeth thee not to render any thing that is thine , and not his . It pleaseth him to require the first fruits , and the Tithes of thy goods , & canst thou denie them , ( O couetous wretch ? ) What wouldst thou doe , if he tooke all the nine parts to himselfe , and left thee the tenth onely ? And this in trueth hee doth , when by with-holding his blessing of raine , the drought maketh thy thirsty Haruest to wither away : and when thy fruit , and thy vineyard , are strucken with haile , or blasted with frost , where now is the plenty that thou so couetously didst reckon vpon ? The nine parts are taken from thee , because thou wouldst not giue him the Tenth . That remaines onely , that thou refusest to giue , though the Lord required it . For this is a most iust course , that the Lord holdeth , If thou wilt not giue him the tenth , he will turne thee to the tenth . For it is written , saith the Lord , Insomuch as the Tithe of your ground , the first fruits of your Land ; are with you : I haue seene it , but you thought to deceiue me : hauocke and spoile shall bee in your Treasurie , and in your houses . Thus thou shalt giue that to the vnmercifull Souldier , which thou wouldest not giue to the Priest. The Lord almighty also saith : Turne vnto me , that I may open vnto you the windowes of Heauen , and that I may poure downe my blessing vpon you ; and I will not destory the fruit of your Land , neither shall the vines of your field [ or the trees of your orchards ] wither away , [ or be blasted ] and all nations shall say , that you are a blessed people . God is alwaies ready to giue his blessings . But the peruersenesse of man alwaies hindreth him . For hee would haue God giue him all things , and he will offer vnto God nothing , of that whereof himselfe seemeth to bee the owner . * What if God should say ? The man that I made , is mine ; the ground that thou tillest , is mine ; the seed that thou sowest , is mine ; the cattell that thou weariest in thy worke are mine ; the showers , the raine , and the gentle winds are mine ; the heat of the Sunne , is mine ; and since all the Elements whereby thou liuest , are mine ; thou that lendest onely thy hand , deseruest onely the tithe , or tenth part . Yet because Almighty God doth mercifully feede vs , hee bestoweth vpon the labourer a most liberall reward for his paines , and reseruing onely the Tenth part vnto himselfe , hath forgiuen vs all the rest . Ingratefull and perfidious deceiuer , I speake to thee in the word of the Lord. Behold the yeere is now ended : giue vnto the Lord ( that giueth the raine ) his reward . Redeeme thy selfe , O Man , whilest thou liuest . Redeeme thou thy selfe whilst thou maiest . Redeeme thy selfe ( I say ) whilest thou hast wherewith in thy hands . Redeeme thy selfe , lest it greedy death preuent thee , thou then lose both life and reward together . Thou hast no reason , to commit this matter ouer to thy wife , who happily will haue another husband . Neither hast thou ( O woman ) any reason to leaue this to thy husband , for his minde is on another wife . It is in vaine , to tie thy Parents , or thy kinsfolke , to haue care hereof : no man after thy death , surely shall redeeme thee , because in thy life , thou wouldest not redeeme thy selfe . Now then , cast the burthen of couetousnesse from thy shoulders , despise that cruell Lady , who pressing thee downe with her intollerable yoake , suffereth thee not to receiue the yoake of Christ For as the yoake of couetousnesse , presseth men downe vnto hell , so the yoake of Christ raiseth men vp vnto heauen . For tithes are required as a debt , and hee that will not giue them , inuadeth an other mans goods . And let him locke to it , for how many men soeuer die for hunger in the place where he liueth ( not paying his tithes ) of the murthering of so many men , shall he appeare guilty before the tribunall seate of the eternal Iudge , because he kept that backe to his owne vse , that was committed to him by the Lord for the Poore . He therefore that either desireth to gaine a reward , or to * obtaine a remission of his sins , let him pay his tithe , and bee carefull to giue almes to the poore , out of the other nine parts : but so notwithstanding , that whatsoeuer remaineth ouer and aboue moderate diet , and conuenient apparrell , bee not bestowed in riot and carnall pleasure , but laied vp in the treasurie of Heauen , by way of Almes to the poore . For whatsoeuer God hath giuen vs more then wee haue neede of , he hath not giuen it vnto vs particularly , but hath committed it ouer vnto vs to bee distributed vnto others : which if wee dispose not accordingly , wee spoile and rob them thereof . Thus farre S. Augustine . ERasmus in a generall censure of these Sermons de Tempore , noteth many of them not to bee Saint Augustines : so also doth Master Perkins , and diuers other learned men , who hauing examined them all all particularly , and with great aduisement , reiecting those that appeared to bee adulterat or suspected , admit this notwithstanding as vndoubted . And although Bellarmine seemeth to make a little question of it , yet hee concludeth it to bee , without doubt , an excellent worke : and either * Saint Augustines owne , or some other ancient Fathers . But hee saith , that many things are cited out of it as out of Augustine in Decret . 16. qo 1. And to cleare the matter further , I finde that some parts heereof are alleadged vnder the name of Augustine , in Concil . Triburiens . ( which was in the yeere of our Lord 895 ) cap. 13. And twenty yeere before that also , in Concil . Moguntin . 1. cap. 8. So that Antiquitie it selfe , and diuers Councels , accept it for Augustines . I will not recite a great discourse to the effect of this Sermon amongst the workes of Augustine in the Treatise De rectitudine Christiane religionis ; because Erasmus iudgeth that Treatise not to bee Augustines . Yet seemeth it likewise to be some excellent mans , and of great antiquity . But if thou wouldst heare more what Augustine saith vnto thee of this matter , take this for a farewell ; Maiores nostri ideo copijs omnibus abundabant , quia Deo decimus dabant , & Caesuri censum reddebant : modo autem quia descessit deuotio Dei , accessit indictio fisci . Noluimus partiri cum Deo decimas , modo autem totum tollitur . Hoc tollit siscus , quod non accipit Christus . An Appendix by the Author . I Haue beene often sollicited within these two yeeres , both to reimprint this little Treatise , and also to publish a greater worke much of the same Argument . Some especiall reasons haue made mee vnwilling to doe either . Not that I doe , aut clypeum abijcere , aut causam deserere : But I finde my arme too feeble for so great an attempt ▪ and in matters of such weight and consequence , a better opportunity is to be expected , then is yet afforded . I desire therefore not to be hastned herein , though hee that published my Booke in Scotland ( out of his zeale to the cause ) taketh that for one of his Motiues . When I did first let it goe forth : I did it only in couert manner : not thinking it worthy of the broad eye of the World , nor holding it fit to haue that which was done in a corner , preached vppon the house top : or that which passed priuatly betweene me and my friend , to flie ( in this sort , at once ) to both the Poles of the Monarchy . Hereupon I hitherto by entreaty with held it from a reimpression : But I being in the Countrey : and It being now to me as ●lius emancipatus , and out of my power : the Printer hath taken aduantage of his liberty , and in my absence printed it againe with the former infirmities I wish , since it must needes be thus : that I had ouer run it with a new hand : aswell to explane it in some things , as to helpe and fortifie it in other . For the Argument hath many aduersaries , not of the Laity onely : but amongst the Church-men themselues . All are not pleased with this forme of * Maintenance : other are not satisfied how it is due . Some also conceiue Scriptures in this manner , some in that : and where one is best pleased , there another findeth most exception . Thus he that commeth vpon the Stage , is the Obiect and Subiect of euery mans opinion . Yet must I herein confesse my selfe beholden vnto many : for I vnderstand this small Essay hath giuen them good liking ▪ To satisfie all I labour not : but to the worthier sort I would performe what I could . Being therefore enformed ( about a yeare almost since ) that some particular Diuines of learning and iudgement , ( conceiuing well of my Booke , ) supposed that I had departed from the ancient and moderne interpreters in applying the 12. verse of the 83. Psalme . Onely to the sanctified things of the Iewes which ( they said ) was spoken of all their houses and Cities in generall . I did then vnto them ( as I thought it fit ) reddere rationem & fidei & facti . And in like manner ( because the booke goeth forth againe vpon a new aduenture , and may encounter with the like obiections , ) I held it now as necessary to adde something vnto it in that point being so materiall Yet must I signifie vnto you , that they which tooke that exception , accounted both my argument and whole discourse the stronger ( notwithstanding ) Ex consequente : as namely , that if it were so heinous a sinne to inuade the temporall things of the Iewes , much more must it needes bee to inuade the spirituall . So that no man is either freed or cased by this suggestion , but rather the more ensnared and ouerwhelmed . Neuerthelesse ( I vnderstand ) that which followeth , hath cleared this point vnto them : and I hope so shall it also do● vnto others ( which separate not themselues from our Church ) if cause require . I Am not ignorant that many moderne and some Ancient Interpreters vnderstand the body of the 83 Psalme , of the taking of the houses and cites of the Iewes in generall , not onely of the Temple and Synagogues , nor onely of the Cities of the Leuites : for the very historicall texture of the Psalme discouers as much . But that branch of it , where on 〈◊〉 I fastened my anchor , and where I chiefly insisted , namely the 12 verse , touching the taking of the houses of God in possession , ( which indeed is the center of the Psalme : what interpretation soeuer it receiueth ) most of them interpret it primarily and positiuely for the Temple 〈◊〉 . Holy things , then per translationem for Hierusalem , and by consequence , for all Iudea , ( and the people of God ) in respect that they were there planted . For though wee following Genebr●d , Caluin and Arias Montanus , translate it litterally , Take the houses of God in possession ; yet the Septuagints & Greekes interpret it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : And Hierome in the Latin Vulgar accordingly ▪ Sanctuarium Dei : in his other translation called Haebraeica veritas , ( which also agreeth with that elder , cited by Lucius in the primer ages of the Church ) Pulchritudine●● Dei : Pellican , electissima : all of them by such denominations , as are most proper to the Temple & holy things . And therefore the Church in all former ages and for the most part yet also beyond the Seas , euen in the reformed parts of Germany , retaineth that interpretation of Sanctuarium Dei , as best agreeing with the intent of the Hebrew , which Hierome in the Preface to his translation professeth confidently ( by many witnesses ) that he hath changed in nothing . I alleage all this , but to 〈◊〉 , that by what variety of words soeuer , the translators expresse the originall Hebrew , yet they all concu●re with this as the Fountaine and st●n●ard ; that prima intentione , it 〈…〉 the holy things , though in ●ecun●d it bee caried vnto temporall . Our selues also in our owne English translation , vnderstand the houses of God , for places dedicated to the seruice of God. And therefore in the 9. verse of the 74. Psalme , where our Church-Psalter saith , burnt vp all the houses of God in the land : the Geneua and the Kings addition report it , burnt vp al the Synagogues of God in the Land. So likewise in the 1. verse of the 84. Psal. The dwellings of God are expresly spoken of his Tabernacles , and holy habitations , not of his Temporall . Yet doe I not deny ; but ( as I say ) Secunda intentione , the words Sanctuarium , or Houses of God , in the 83. Psalme are truely carried to all Iudea and the people of God , howbeit Hierome noteth expresly no such matter vpon it : neither could Augustine find it in the litterall or historicall sence of the text : and therefore he deduceth it to the people of God by way of Tropology , vsing the metaphor of Saint Paul. 1. Cor. 3. Sanctuarium : ( saith he ) Templum dei sanctum est : quod estis vos . And Lyra accordingly , Sanctuarium : id est ( saith he ) Hierusalem , in qua erat templum dei : & per consequens : terram Iudea , cuius metropolis erat Hierusalem . Arnobius likewise of the Ancient , taketh it first for the Temple & holy vessell : then extensiuely , for the people and Land of Israel . As for Cyprian , Origen , Tertullian , Ambrose , Chrysostome , Gregory , they meddle not with it , that I can finde , nor Hierome otherwise then as I haue mentioned . But admit that at this day most doe expound it for the Temporalties of the Iews , aswell as for their Leuiticall and Sanctified things : What doth this contradict my application of this Psalme against Spoilers of Churches ? or wherein is my errour ? I affirme the Genus vpon one of the membra diuidentia , and they vpon both . I vpon one not exclusiue , and they vppon both copulatiue . Doe not they then themselues affirme my assertion ? Let Schoolemen be Iudges . Yea doe they not iustifie and enforce it ? For if God loueth the gates of Syon , more then all the dwellings of Iacob , Psal. 87. 2. that is , the outward and petty things of his Church , more then a●l the stately temporalties of his Lay people , yea , if he loueth Iacob but for Sion , that is , the People but for the Church : then Ex necessario to consequente , when the Prophet denounceth such heauy things against them , that menaced Gods , Lay people , and their possessions , how much the rather , doth hee it against such as with greater fury and impiety afflict his more peculiar and chosen seruants , his Cleargy , his Leuites , his first borne ? Against these I say , that forbeare not to violate the things more deare vnto him : His Temple , his Oracle , his holy mysteries , that is , things belonging to his honour and diuine seruice , things and meanes , ordained to the propagation of his blessed word ? For this is the consequence of destroying our Churches : this killeth the bird in the shel : and to a person offending in this nature , wrote I my Booke . By like reason , it may also be said ; that this Psalme was framed against Heathens and Infidels , ( which in open hostility assailed the Church & people of God with fire and sword ) not against such as be our owne brethren , & of the family of the Church , though ( in some sort ) they doe iniury vnto it . I answere that the Ammonites and Moabites were also of the kindred of Israel : yea , the Edomites , and Ismalites , of the linage of Abraham , aswell as the Israelites themselues : yet when they ioined with them that sought the destruction of the Church ; the curses of the Pr●prophet went as freely and as fiercely against them as the rest . So if our Church be spoiled by her brethren , her children , or kindred , the sentence is all one against them , as against Heathen and Infidels , yea , and that also more iustly and deseruedly by the iudgement of the Prophet , who accounteth the treachery of a familiar friend much more intollerable then the violence of an open Enemy . Psalm . 55. 12. But say I haue erred ( which indeed is too common with mee though it be humanum ) and doth the more easily befall mee , hauing saluted the Schoole of Diuinity , onely a longe and a limine : I am therefore readie with Augustine to put it amongst my retractations , if there be cause why ? yet ( as he said of Romulus ) Sed tamen errorē quo tu●atur habet . For I am not the Author of this expositiō , neither is it my own weapon but borrowed , and put into my hand by others of elder time . I confesse that as they which go to battell , whet their swordes , and bend their bowes : so I sharpened both the edge and the point of it to my purpose . For all spirits are not cast out by ordinarie power , nor all humors perswaded by ordinary reason . Knowing therefore what was necessary in particular for the party to whom I wrot , I applied my selfe , and my pen to that particular necessity : yet , not with Zidkiah to seduce him by vntruthes , but as a faithfull Michaiah to leaue nothing vntold that belonged to his danger . See then what I haue to defend my selfe withall , both of ancient & later fathers & Doct rs● of the church : the first application ( as I take it ) that euer was made of this Psalme , was ( only to the purpose I alleadge it ) by ●ucius a deuout Bishop of Rome , in the bloody age of the primitiue Church , about 225. yeeres after Christ : of whom ( to let passe Cyprian ) Bale , a man of our owne , giueth this testimony ; That hee was a faithfull seruant in the Lords house , — and enriched his Church with healthfull doctrine , and afterward being purified in the Lambes blood , hee pierced the heauenly Paradice , being put to death at Valentinians commandement , Anno 255. This Lucius ( as I noted in the margent of my Booke , pag. 39. ) in an Epistle of his to the Bishops of Gallia and Spaine : hauing determined many things touching the Church , & somewhat also against spoilers and defrauders thereof ( concluding them by the example of Iudas to bee thieues and sacrilegious persons ) hee proceedeth with them in this manner : De talibus , id est ( saith hee ) qui facultates Ecclesiae rapiunt , fraudant , & auferunt : Dominus comminans omnibus per prophetam loquitur dicens : Deus ne taceas tibi : ne sileas , &c. Reciting the whole 83. Psalme euery word , as you may see . Tom. 1. Concil : of Binn●us edition . pa. 180. col . 2. I tooke this reuerend Father and great Doctor of the Church , liuing in the purity of religion , in the times of persecution , and so neere the ages of the Apostles , to be a faithfull direction to my penne . Yet , lest hee should seeme like a Sparrow alone on the house top , I will shew you the opinion of others in the after ages . Petrus Damianus a Cardinall , whilest that title was rather a name of Ministry then of Dignity , and long before it became mounted and purpurate , a starre of his time , now almost 600. yeers old , vnderstandeth this Psalm also of Church possessions , & dignities , & out of it doth vehemētly confute the Chaplains of Duke Gothi●red , which held it no s●mony to buy Bishoprickes and Priests places , so they paid nothing for the imposition of hands ( an opinion too common at this day ) and hee applieth against them the interpretation of the names of the Heathen Princes there mentioned , and concludeth them to be haereditario quodam iure Sanctuarij possessores , as you may see in his Speculo Mor. l. 5. Ep. 13. ad Capellan . Gothif . Rupertus who flourished about 500. yeeres since ; expoundeth it contra omnes Ecclesiae hostes , falsos Christianos , haereticos , &c. Great Hugo Cardinali● , the first Postillator of the Bible , ( who flourished Anno 1240. a little also , before that order was distinguished with the Horse and Red Hat , and a man to whom all the Preachers of Christendome are more beholden , then many of them are aware : for much of that good iuce that sweetneth the expositions they read , dropt from his penne , though now like riuers falling into other channels , it hath lost his name ) in his worthy Comment vpon the Psalter , applieth the wordes , haereditate possideamus sanctuarium dei , against those that ambitiously seeke Church-liuings and dignities , dispiersing the curses of this Psalme , as well among the great men of the Cleargy as them of the Laity , which by threatning or fauour obtaine Ecclesiastical promotions : and particularly against such men of the Church , as conferre Prebends and dignities vpon their Nephewes and kindred , building ( as he saith ) Sion in ( their ) bloud , and Ierusalem in in●quity . Neither spareth hee the Popes themselues , but chargeth them also that they possesse Gods Sanctuary , by way of inheritance , in that they keepe the succession of the Papacy among such as bee onely of the Romane nation . And much more to this purpose , which were here too long to recite : but ( concluding that the Prophet hath leuelled at them all in this Psalme ) he saith , De omnibus istis sequitur : Deus meus pone eos vt retam , &c. Ioannes Vitalis , who liued aboue 300. yeeres since , ( and for his fame , and learning , was also called to bee a Cardinal , ere that this dignity was yet at the highest pitch ) vehemently enceth this Psalme against the Great men that prey vpon the Church , applying the interpretation of the names therein mentioned very bitterly vnto them . And saith further , that they possesse the Sanctuary of God by inheritance , which enter into it vnworthily , or in succession to their vnckles , nephewes , and parents , and they also which giue Benefices in that manner , wasting thereby as it were Christs hereditary patrimony ; with much more to this effect , Speculo moral : tit . Principes saeculares . fol. 229. d. Nicolaus de Lyra , who flourished about the same time ; our owne country-man , ( though of Iewish Parents ) a starre also in that age , of the first magnitude , for his learning ; and exquisit aboue all in the Hebrew , ( it being his mother tongue , and eleborate by him ) whose iudgemēt I the rather esteeme , for that Luther loued him , and preferred him aboue all Interpreters , as Luther himselfe testifieth in the 2. and 9. chap. of Genesis . He ( I say , as before I haue noted ) expoundeth it : first , and properly for the Temple ( vnder which I vnderstand all things dedicated vnto God ) then for Ierusalem , because ( saith he ) the Temple was there : and lastly by consequence ( for that is his owne word ) for the Land of Iudea , whose chiefe City Ierusalem was . So that he maketh the Temple and things belonging to God , to be the maine part whereat the Prophet aimeth , and the City and Countrey to follow , but by inference and implication . Come to the later Writers , Genebrard noteth vpon Sanctuarium dei ; that the Hebrew word is , Habitacula , and for the postill , faith ; Generaliter de diuinis omnibus templis , vrbibus locis & oppidis populi dei . So that if hee had been questioned further ; how he vnderstood Habitacula , specialiter , it is then like hee would haue answered , de diuinis omnibus templis tantum : that is , onely of Churches . But be it as it is , he setteth them in the first place , as the proper signification , and the rest in cons●quence , as analogicall , according to Augustine & our Countrey-man Ly●anus . As for Luther , he expoundeth not this Psalme himselfe , that I can finde ; but you see what hee attributeth to Lyras iudgement . Pellican a great Hebritian , translateth it Possideamus nobis alectissima dei , and expoundeth it in like manner as before , Templum ciuitatem vasa populum dei . Pomeranus interpreteth it of them that did seeke to make themselues Lords and heires of the Temple . To conclude , because the newest thing● are most acceptable with many . The last man that hath written vpon the Psalter , Lorinus a Iesuit , ( and therefore I will not presse his authority ) yet to doe him right , very well esteemed amongst great Clarks of our owne Church for much good learning ( though in matters of controuersie , full enough of Romish leuin ) reciteth some-what more briefly the former interpretations of Petrus Damianus , Hugo Cardinalis and Iohn Vitalis , and approuing those their applications , putteth them still on into the world , as truly consonant to the tenor of the Psalme , which notwithstanding I doubt not hath also many other expositions , as herbes haue vsually diuers vertues and operations . But thus the eldest and newest expositors are wholly for mee , many also ( & of the best of thē ) of the middle ages , none that I know against me . For although Musculus , Bucer , Caluin , Marlorat , Mollerus , expound this Psalme historically of the Countrey and Nation of the Iewes , yet when then apply it to the Church of Christ ( as otherwise there were no vse of it ) they make that application by way of figure & analogy ; And then is there no cause to raise an antithesis , or contrariety betweene them and me . For to reconcile the matter , S. Ierome in his entrance into the exposition of this Psalme , telleth vs , that wee may expound it figuratiuely of the Church ( which I vnderstand in matters of action , gouernement , doctrine ) or historically of the people of the Iewes and nations about them . And though Caluin himselfe pursueth for the most part the historicall interpretation , yet when he commeth to the 12. verse , he faith ; I terum accusat profanos homines sacrilegij , quod praedateria licentia inuolant in ipsam dei haereditatem . Thus much , and too much touching this point . As it is saide in the end of the Machabees : If I haue done well and as the story required , it is the thing that I desired : but if I haue spoken slenderly and barely , it is that I could . Let no man therefore rely vpon me , but learn of them that are bound to teach ; For the Priest slips should preserue knowledge , and they should seek the law at his mouth : for he is the messenger of the Lord of Hosts . Mal. 2. ● Other things there be , wherein I would willingly haue enlarged my self a little : but as Popilius in Liuy discribing a circle about Antiochus enforced him to answere before hee stept out of it . So the Printer ( hauing printed al to the last sheet before I knew it ) restraineth me , ad articulum temporis , within which accordingly I must needs end . Notes, typically marginal, from the original text Notes for div A12763-e530 A Rectory what it is . a Plowd . Comment in Quare Impedit per Grendō , &c. b Oblatio est omne quod exhibetur in cultu Dei , Tho. Aq. 22. q. 85. 3. 3. &c. and Vrban in his epist. Tome 1. Concil . And lands are so termed , Ezek. 45. 1. and Tithes , Numb : 18. 24. So also the Canonists & Ciuilians expound them , Concil . Aurel. ca. 7. Burcha . lib. 3. ca. 129. & 143. Et Lex . Iurid . in verb. oblatio . c Leuit. 27. 28. d Touching diuine worship and works of charity . Tithes how due . Gen. 14. 19. a Yet there bee diuers naturall reasons that commend this number ( for this purpose ) aboue other . b Gen. 14. 20. c Gen. 28. 22. d Leuitticus 27. 30. and 32. Deut. 12. 6 , & 11. Mallachy 3. 10. e Declared by the Fathers and Counsels . Tithes originally not Leuiticall . a Iacob voweth to giue tithes Gen. 28. 22. And Ioseph sheweth he performeth his vow . Antiquit . lib. 1. cap. 27. b Hom. 35. in Gen. c The Scripture onely mentioneth Bread and wine to be giuen by Melchisedeck to Abraham : But Iosephus sheweth , that hee gaue him also diuers other rich gifts . Antiquit. lib. 1. cap. 18. d Leuit. 37. 30 , & 3● . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Num. 18. 21 , 24 , & 26. a Ambros. in Serm. quadrages . b August . in Serm. de temp . 1●9 . & alias . c Hieron . in Mala. 3. d Chrysost. in Epist. ad Heb. Hom. 12. & Hom. 35. in . Gen. e Roman . Concil . 4. Aurelian . 1. Tarracon . sub Horm . Mediomatricis . toletanum Agrippin . cap. 6. Hispalens . Mont●s . concus . 2. Valentinum sub Leone 4 Rothomag . cap 3. Cauall●n cap. ●8 . Maguntin . cap. 10. f Origen , Tertullian , Cyprian , Gregory , &c. See this Sermon in the end of this booke . Glaber . Hist. lib. 2 ▪ ca. 11. Of Oblations & offerings . a Vrban . Epist. circiter Anno. Christi 227. b Constantine & Valentinian made lawes that rich men which were able to support the charges of the Common-wealth : should not be admitted into religious houses ▪ because their poss●ssions and goods were thereby a mortized . c 2 Chron. 31. 11. d Tertullian in Apologetico . e Iustinius in Apol. 2. Hist. Ecles . f Sermone 1 , de Eleemosymis . g Hee calleth the treasury Corban , of that at the Temple of Hierusalem . h Noui Testamenti nouam docuit ( filz . Christ●us ) oblationem : quam Ecclesia ab Apostolis accipiens in vniuerso mundo offert Deo : ei qui alimenta nobis prestat . primitias suorum muncrum in nouo testamento . i Vide Zanchium lib. 1. de culm Dei externo . Of Glebe Land , and houses belonging to Parsonages How lands came to the Churches . a It appeareth by the Epistles of Pius and Vrban who liued about the yeere of Christ 230. that the Church of Rome had then begū to retain lands in this māner vpō this reason , & it may well be , for that Origen & Eusebius shew , that Churches had then possessions . b Edicta Constantini & Lucinij Impp. Eus. lib. 10. ca. 5. c Origen speaketh of rents of the Church : Hom. 31 in Mat. d Eusebius of an house belonging to the Church of Antioche that Paulus Samosatenus in the time of Aurelianus the Emperour ( about 30 yeeres before Constantine ) wrongfully inuaded : Lib. 7. cap. 24. e & f Read the note ( a ) next afote . g Synod . Roman . sub Symacho . 103. Episcoporū circiter An. Christ. 503. tota contra inuasores Ecclesiarū . Concil . Aurelianens . 4. Ann. 543. c. 19. & 34. Conc. Meldeus . ca. 5. Burch . lib. 11. cap. 16. Concil . Gangrens . cap. 8. Bur. lib. 11. cap. 20. Concil . Mogunt . cap. 3. 6. 7. & plurima alia . h See the two edicts of Constantine and Licinius Empp. Euseb. lib. 10. cap. 5. And the lawes of Constant : Theodos : Iust : Carol : Magn : and many other . i To passe ouer forraigne Princes , our own in former times haue almost successiuely confirmed them . k Si quis in agro suo , aut habet , aut postulat habore dioecefim primum & terras ei deputet sufficienter , & clericos : qui ibidem sua officia impleant , vt sacratis locis reuerentia condigna tribuatur . Aur. Conc. c. 23. in Conc. Tom. 2. vbi nota quod dioecesis accipitur pro libertate condendi oratoria vel Ecclesias , itaque in argumēto huius capituli oratorium exponitur . l Tom. concil . 1. * Coloniam vestitam . m Concil . Tolet. 3. cap. 15. n Chrysost. hom 18. in Acta . o Syn. Lond. ca. 16. Antiq . Britan. ca. 34. * Alias Adulphus : p I●gulf . in Hist. Croil . q Sim. Dumelm . cita . Antiquit. Brit. cap. 27 r Deciviam mansionem vbi mininum sit . s As appeareth in their seuerall lawes , and namely 15 times in Edw. 3. raigne . t See the Stat. of 25. Edw. 1. in Rastals Abridgment tit . Confirmat . 3. And Sententia lata sup●r Chartas . And Pupilla ocult par . 5. c. 22. u Nelis . 10. 32. x Acts. 5. 4. Churches and their liuings dedicate to God. a See the 6. Syn. Rom. of 103 Bishops ( aboue 1000 yeers since ) wholly against violaters of Churches & Church-rights . And see many other to this purpose . Burchar . lib. 11. a Demonst. Problem . tit . Templum sect . 3. In Epist. ad Constant. Imp. a Histor. suae lib. 1. c. 30. & Sozom . lib. 3. cap. 25. Niceph . lib. 8. cap. 50. Hist. Triper . li 3. fol. 331 ▪ * Hierusalem . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. consecrare . * Euseb. 〈◊〉 orat . de laudib . Constant . Ibideus . Gen. 28. 22. Chrys. hom . 18. in Act. Concil . Mogunt . ca. 7. Holy rights and Temples how respected by Heathens . Gen. 47. 22. Biblioth . hist. lib. 5. Iohn 10. 3. How fearefull a thing it is to violate the Church . 2. Chron. 24. vers . 7. Dauids zeal for the house of God. * This Psalme is alledged to this purpose by Lucius ( who was martyred about An. Chr. 255. ) in his epistle to the Bishops of Gallia and Spaine . Tom. Concil . 1. The zeale of our Sauiour to the house of God. And of the parts of the Temple . Mat. 21. 12 Mar. 11. 17. Luke . 19. 45. Num. 18. 5. Ebr. 9. 2 , 3 , 4 , 5 , &c. a Christ came to fulfill the Law , & not to break it . Therefore ( doubtles ) he obserued the rules thereof , and the quality of his Tribe . b See the forme of the Temple in Arias Montaiu : Antiquitat . Iudaic. lib. Aricl . and in the Geneua Bible , 1. King. cap. 6. and marke well both it , and the notes vpon it ; for I find them ( aboue others ) most agreeable to the Scriptures , and rely not vpon the figure of the Temple in Adricomues , without good examination ; for I perceiue he hath misplaced somethings therein . c See the note ( a ) among the notes aforesaid . d 2. Chron. 6. 13. Stat. Ne Rectores prosternant arbores in Cimiterio . More of that matter : and how farre the sanctification of the Temple is abo . * 1. Chr. 4. 9. & 6. 12. * Acts 31. 1. Saint Paul maintaineth the reuerence of the Church . 1 Cor. 11. 12. Coment . in 1. Cor. 11. The zeale of some of the Fathers to the Church . Serm. de temp . tom . 10. 21● Ad Marcellinam sororem : Epist. 33. In fine eiusdem Epist. * Heretikes which contemned Churches . Sacriledge not to be suffered in the least things . Coment . in 2. Cor. 11. 22. tom . 9. Eccles. 25. 27. An admonition to them that meddle with holy things . A surmise answered . Another surmise answered . Dissero non assero . a Term. Pas. An. 7. Edw. 6. Assise fol. 83. b. b Doct. & Stud. cap. 6. c See Aug. Ser. 219. de Temp. Hostiens . and most Canonists . Concil . Montisc . 2. cap. 50. Concil . Mogunt cap. 38. alias 10 , &c. d Dismes font choses spiritual , & due de iure diuino . Le Euesque de Winch. case fol. 45. c Nescio quo fato sit ; vt eodem t●mporis periodo ( viz. an . 68 ) post ereptas per Nabuc & H. 8. res templorum : stirps vtris que regia extincta sit , imperium sublatum , & ad aliā gentem deuolutum . Vlterius igitur speremus . Cyrum nostrum Iacobum regem ( qui sceptra dissidentia . compescuit ) restitutionis etiam munus aliquando aggressurum . A third surmise answered . a Al Church reuenues were at first paid to Bishops , and by them distributed to the Priests , poore , &c. after the Bishops were to haue a fourth part of all tithes . Per Concil . Aurelian . Mogunt . Tribur . Hanet : &c. Et per Conc. Tarracon . the third part . b Plowd . in Quare impper Grend . L. Coke Report . part . 5. fol. 15. c 1. Chr. 26. 30. & 32. b See Plowden in Quar. Imp. per Grendon . Et Lo. Coke de Iure Regis Eccles. part 5. c Reges sacro oleo vncti , sunt spiritualis iurisdictionis capaces 33. Ed. 3. tit . Aide de Roy 103. Ex Dom. Coke Repor . part . 5. d Dalmatia est vestis , qua modo vtuntur omnes diaconi ex cons●etudine in s●lennitatibus . vt 70. distin . de ieiun●o . Antiquitus tamen , siue concessione Papae , nec Episcopis , nec Diaconis licebat vti hac veste . Distinct. 23. cap. Omnes filius . Prateus . e 22 Edw. 3. lib. Assis. plac . 75. L. Coke par . 5. fol. 15. a. f As Inglewood , &c. vt patet an . 18. Edw. 1. inter petitiones coram dūo Rege ad Parliamentum . The danger that Proprietaries of Parsonages stand in . a See the extent of these words in L. Coke , part . 2. fol. 49. And note also that Parsonages appropriate , are not mentioned in that Statute of 27. H 8. and the word ( tithes ) there seemeth to be meant of tithes belonging to the bodies of the Monasteries ▪ not of Parsonage tithes . ideo quare how the King had them before the Statute of 31. Regni sui . b Parson impersonee . c For the monastical persons and Prioresses themselues that could not performe the diuine seruice , were notwithstanding the Incumbents of their Churches : and lay Approptietaries claiming vnder their right , ought also to bee subject to the same burthens . d There is yet no expresse law made to take away the Bishops iurisdictions ouer Churches appropriate , ( that I can finde . ) Ideo quaere how it extendeth . * See Dier Trin. 36. H. 8. fol. 58. pl. 8. * Termes of the Law in verbo Appropriation . Leuesque de Winchesters case , fol. 44 b. a Diocles. vide Euseb. hist. ecclis . lib 7. cap. 3. Niceph. l. 7. cap. 3. b Iuli. vide Theod. hist. lib. 3. cap. 6. & Niceph. lib. 10 cap. 5 c It is said in my L. Dier in the case of a common person , that the seruice or a cure is a spirituall administration , and cannot be leased , and that the seruice is not issuing ou● of the personage , but annext vnto the person . 36. H. 8. fol. 58. b. pla . 8. * Proprietaries which haue Vicars endowed , thinke themselues thereby discharged : but though the Vicar be the Parsons deputy to doe the diuine Seruice , yet a superiour care thereof resteth still vpon the Parson himsel●e , and the surplusage of the profits belongeth to the poore , as appeareth by the whole body of Fathers , Doctors , Counsels , &c. That it is not beneuolence but duety to restore Church . liuings . Ad Mace donium Epist. 54. tom . 2. Iob. 12. 6. Pro. 28. 24. * Synod . ● . Rom. 218. Epis● o● . An 50● . Co●c . Val. An. 855. ca. 9. Con. Rom. 100. Episc. Anno 1063 Conc. Rom. 5. Anno 10●8 . Conc. Pa●en● . An. 1. 88. Conc. Ox●n . Gene . Ang. Anno 1222. a A strange change : the Israelites gaue their owne goods so abundantly to the seruice of God , that Moses was forced to restraine them by proclamation : Exod , 6. ● . but now nothing can moue vs to giue God that which is his already . b Qui sub . nomine sidelium , agunt operai● fidelium . Hieron . ibid. c We think the Church doth not command it till we make a parliament law for it , but the law is made already by Christ himselfe . a Dan. 6. 15. The conclusion . b 1. Sa. 5. 11 ▪ c Ex. 12. 31 Cypr. Ser. 5. de laps . in fine . Lib. de Her. ●it . per Isid. Mar. 12. 17 Notes for div A12763-e9380 10. vlt. vers . 3. Act. 24. 26. ● . Tim. 4. 2● * Psal. 80. 13. Psal. 96. August 16. 1613. Notes for div A12763-e9620 Decret 16. Quae. 1. cap. Decima . Where you may see a great part of this Sermon cited for Augustines . * Mala. 3. 10. Exod. 2● . ●9 . 16 Quae. 1. ca. decima . Prou. 3. 9. Exo. 30. 12 Pro. 3. 10. 16. Quae. 1● ca. Decima . 16. Quae. 1. ca. decimae . Mal. 3. 10. * This place is cited as out of Augustine Cons. Triburies . ca. 13. An. 895 & before that in concil . Mogunt . pri . c. 8 An. 874. 16. Quae 1. ca. decimae . * Pr●mereri . * Forte non est Augustini iste sermo tamen insignis est sine dubio & antiqui alicuius atris , nam inde tanquam ex Augustino multa sunt adscripta in Decret . 16. q 1. Bellarm lib. de clericis cap. 25. Homil 48. ex lib. 50. Ham ▪ com . 10. Notes for div A12763-e10640 In his Epist . Dodicat●ry . * Tithes 1 R. 2● 17. Epist. l. 3. Epist. 1● . See 〈◊〉 page 60.