IN SO­much as the rights & Duties that be­long to our Churches are in effect contained vnder the name [Page 2] 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,A Rectory what it is. is aPlowd. Comment in Quare Im­pedit per Grendō, &c. Spirituall liuing, composed of Land, Tythe, and otherOblatio 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. Oblations of the people,Leuit. 27. 28. separate or dedi­cate to God in any Congre­gation, [Page 3] for theTouching diuine wor­ship and works of charity. 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, [Page 4] 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,Tithes how due. 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 [Page 5] 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,Gen. 14. 19. 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 [Page 6] 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 [Page 7] vnto God, I cannot say the Lawe ofYet there bee diuers naturall reasons that com­mend this number (for this purpose) aboue o­ther. Nature hath determined that. But the wisdome of all the Nati­ons of the World, the practise of all Ages, the example of the Patri­arches Gen. 14. 20. ABRAHAM and Gen. 28. 22. IACOB, theLeuitticus 27. 30. and 32. Deut. 12. 6, & 11. Mal­lachy 3. 10. approba­tion and commandement of Almighty GOD him­selfe, and the constantDeclared by the Fathers and Counsels. re­solution of his CHVRCH vniuersally, hath taught & prescribed vs to render [Page 8] 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 [Page 9] 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 [Page 10] from the common vse, be­cause it is separate, and set apart vnto the Lord.

3 But some happily will say,Tithes ori­ginally not Leuiticall. 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, andIacob voweth to giue tithes Gen. 28. 22. And Ioseph sheweth he perfor­meth his vow. Anti­quit. lib. 1. cap. 27. 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 [Page 11] 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 [Page 12] well note vnto vs, that this dutie of Tythe, ought also to bee perpetuall. And therforeHom. 35. in Gen. 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,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. bread and [Page 13] 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 thingsLeuit. 37. 30, & 3 [...]. re­newing and increasing: whereas Abraham and Ia­cob paid them of all: as if [Page 14] they had followed the cō ­mandement of the Apostle; Let him that is taught in the Word, make him that hath taught him part taker of [...]. 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 [Page 15] 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 [Page 16] 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 [Page 17] 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. Num. 18. 21, 24, & 26. 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.

[Page 18] 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.Ambros. in Serm. quadrages. Ambrose, August. in Serm. de temp. 1 [...]9. & alias. Au­gustine, Hieron. in Mala. 3. Hierome, andChrysost. in Epist. ad Heb. Hom. 12. & Hom. 35. in. Gen. Chysostome, (who though they runne violently with Saint Paul, against such ceremo­nies, as they conceiued to [Page 19] 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 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. Counsels and a mul­titude of otherOrigen, Tertullian, Cyprian, Gregory, &c. Fathers & Doctors of the Church in their seu [...]rall ages: all of them concurring in opini­on, that Tithes belong iust­ly vnto GOD; and ma­ny [Page 20] of them commanding all men euen vpon perill of their soules not to withholde them: which Argument S. Augustin him­selfe pathetically maintai­neth, See this Sermon in the end of this booke. 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.Glaber. Hist. lib. 2▪ ca. 11. Lieutar­dus, who liued about 1000 [Page 21] 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. Of Oblati­ons & offe­rings. The Fathers vnderVrban. Epist. circi­ter Anno. Christi 227. 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, [Page 22] that the good Em­perours 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. 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 by2 Chron. 31. 11. Heze­chias, for the Temple) but the succeeding Ages, con­tracted them into Chests: and in these later times, [Page 23] 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 [Page 24] 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 inTertullian in Apologe­tico. 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 Iustinius in Apol. 2. Hist. Ecles. Justin & Cyprian) that al [...] that come to the holy Com­munion, did according to [Page 25] their abilities, offer some­thing of their substance to God, for charitable vses and maintenance of the Ministers. ThereforeSermone 1, de Elee­mosymis. Cy­prian sharply taxeth a rich Matron, that receiued the Communion, and offered nothing. Locuples & diues & dominicum celebrare te credis, quae Hee cal­leth the treasury Corban, of that at the Temple of Hieru­salem. 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? [Page 26] So (Irenaeus saith)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. 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. WhichVide Zan­chium lib. 1. de culm Dei externo. 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 [Page 27] 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, Of Glebe Land, and houses be­longing to Parsonages glebe, and howses, belonging to Parsonages (which I would haue called Gods fixt inheritance, but that I [Page 28] 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 [Page 29] (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 [Page 30] 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,How lands came to the Chur­ches. and bring the mo­ney only, to the Apostles. For the Church being then [Page 31] 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: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. it [Page 32] 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 theEdicta Constantini & Lucinij Impp. Eus. lib. 10. ca. 5. Primitiue Church, as well before Con­stantine (as appeareth by his owne Edicts, and by [Page 33] Origen speaketh of rents of the Church: Hom. 31 in Mat. Origen 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. Eusebius, and the Epistles of& Pius, and Read the note (^a) next afote. 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 [Page 34] 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 [Page 35] 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 theSynod. 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. Church, 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. Emperours, [Page 36] andTo passe ouer for­raigne Princes, our own in former times haue almost successiue­ly confir­med them. 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, inSi 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, ita (que) in argumēto hu­ius capituli oratorium exponitur. Aurel. [Page 37] Concil. 4. (An. 545.) cap. 33. AndTom. con­cil. 1. Concil. Valentin. (An. 855.) cap. 9. That, whoso­euer builded a Church, should assigne vnto it a Coloniam vestitam. Plough­land, furnished for the main­tenance of the Parson thereof. By vertue of these Councels (as I take it) were the Foun­ders of Churches in France first compelled to assure Liuings to those Churches. And it was also prouided by the third Councel of Concil. Tolet. 3. cap. 15. Tolledo in Spaine, that no Bishop might consecrate any Church, till sufficient [Page 38] maintenance (whichChrysost. hom 18. in Acta. 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 aSyn. Lond. ca. 16. An­tiq. Britan. ca. 34. Synod at London vnder Anselme Arch-bishop of Can­terbury, Anno Domini 1105. H. 1. 3. And though the Lawes of our Church be­gan [Page 39] 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) ofAlias Adulphus: ETHELWULPHVS King of West-Saxony, who (in [Page 40] the yeere of our Lord 855) asI [...]gulf. in Hist. Croil. Ingulphus Saxo, andSim. Du­melm. cita. Antiquit. Brit. cap. 27 Si­meon Dumelmens. report, by the aduice and agree­ment of all his Bishops and Nobility: Gaue, not onely the tithe of the goods, but theDeciviam mansionem vbi mini­num sit. 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 [Page 41] fromAs appea­reth in their seue­rall lawes, and name­ly 15 times in Edw. 3. raigne. time to time, as well by Parliament Lawes, as by their Royall Charters, confirmed these and other the Rights of the Church, with many solemneSee 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. 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: [Page 42] as was theNelis. 10. 32. 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 Acts. 5. 4. 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 [Page 43] 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:Churches and their li­uings dedi­cate to God. 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 [Page 44] 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 ancientSee 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. Councels ad­ded many fearefull curses against all such as should either violate it, or the Rights thereof.

[Page 45] This consecration, Master Demonst. Problem. tit. Tem­plum sect. 3. 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.)In Epist. ad Constant. Imp. For Athanasius being in [Page 46] those daies accused by the Arians, of ministring the Communion in a Church not consecrated, excused himselfe to haue done it vpon necessity. AndHistor. suae lib. 1. c. 30. & So­zom. lib. 3. cap. 25. Ni­ceph. lib. 8. cap. 50. Hist. Triper. li 3. fol. 331▪ Theo­doret reporteth, that Con­stantine (then likewise) cō ­manded, all those that were at the Councel of Fyrus, should come to Hierusa­lem. Aelia: and that o­thers should be assembled from all parts, for [...]. i. consecra­re. Consecrati­on of the Churches, builded by him. Which sheweth it to be so notorious and ge­nerall an vse at that time, [Page 47] 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 [Page 48] Euseb. [...] orat. de lau­dib. Con­stant. 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.Ibideus. *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. [Page 49] 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,Gen. 28. 22. the house of God.

But both Church and Church-liuings were thus [Page 50] 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,Chrys. hom. 18. in Act. Concil. Mo­gunt. ca. 7. 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 [Page 51] 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, Holy rights and Tem­ples how respected by Hea­thens. 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 [Page 52] illud esse, quod violare nefas est. It is execrable wickednes, to violate that that is holy.Gen. 47. 22. 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, Biblioth. hist. lib. 5. that though they were a people, aboue all others most couetous of gold: yet hauing aboundance thereof, scattered in all [Page 53] 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 [Page 54] onely to heare his voice, and to follow that,Iohn 10. 3. 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,How feare­full a thing it is to vio­late the Church. 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 [Page 55] 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 [Page 56] 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, [Page 57] 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 [Page 58] 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 [Page 59] 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,2. Chron. 24. vers. 7. (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:Dauids zeal for the house of God. For as it is a transcendent sinne; so Dauid labouring to match it with a transcen­dent punishment, bestow­eth a whole Psalme, (viz. [Page 60] theThis 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. 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 [Page 61] 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 [Page 62] 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: [Page 63] 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 [Page 64] 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 [Page 65] 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 [Page 66] 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 [Page 67] 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: [Page 68] 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. [Page 69] 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,The zeale of our Saui­our to the house of God. was admirably caried against this sinne. Well therefore might hee say:And of the parts of the Temple. 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 [Page 70] 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 [Page 71] 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:Mat. 21. 12 Iohn 2. 14.Mar. 11. 17. He would by no meanes indure such trum­trumperyLuke. 19. 45. [Page 72] 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 [Page 73] 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: Num. 18. 5. and of them also,Ebr. 9. 2, 3, 4, 5, &c. 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 [Page 74] 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, thatChrist came to fulfill the Law, & not to break it. Therefore (doubtles) he obserued the rules thereof, and the quality of his Tribe. he neuer came within these parts of the Temple: nor where the sacrifice was, but frequēted onlySee 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. Atrium [Page 75] populi, the outward court from the Temple. For into this only, theSee the note (a) among the notes a­foresaid. people resor­ted: to worship, pray, and heare the word of God ex­pounded, not pressing fur­ther towards the Temple: and in the middest where­of (the2. Chron. 6. 13. 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 [Page 76] 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:Stat. Ne Rectores prosternant arbores in Cimiterio. as an old Statute witnesseth) seeme also to haue in them a certaine [Page 77] 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, More of that mat­ter: and how farre the san­ctificati­on of the Tem­ple is abo. and therefore abolished, and not to bee applied to our Churches. I answere, the Temple was sanctified lished: or remaineth to our Churches. [Page 78] 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 [Page 79] 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,1. Chr. 4. 9. & 6. 12. Atrium populi, and Acts 31. 1. 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 [Page 80] 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 [Page 81] 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 [Page 82] 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 [Page 83] 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, [Page 84] 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 [Page 85] 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 [Page 86] 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 [Page 87] 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 [Page 88] of prayer, for euer remai­ned.

11 This doctrine of our Sauiour,Saint Paul maintai­neth the re­uerence of the Church. 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 [Page 89] 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? 1 Cor. 11. 12. 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, Coment. in 1. Cor. 11. a ban­queting house. God won­dered in Malachy, that [Page 90] 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,The zeale of some of the Fathers to the Church. Serm. de temp. tom. 10. 21 [...] that, that meeke Saint of God, Saint Augustine, would by no [Page 91] meanes endure that any should vse clamors, or dā ­cing 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 [Page 92] is mine, Ad Mar­cellinam so­rorem: Epist. 33. 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 [Page 93] my life, but with all my heart will die for the Altars. And after, in speaking of the impious Souldiers:In fine eius­dem Epist. 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 [Page 94] 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 which con­temned Churches. heretikes: and all other the enemies thereof) with so many examples, admo­nitions, exhortations, pre­cepts, threatnings, curses, and excommunications: as it requireth a booke a­lone to repeat them.

[Page 95] 13 It seemeth a small thing to daunce in the Church-yard,Sacriledge not to be suffered in the least things. or to eate and drinke in the Church. But sanctification (saith Ie­rome speaking on this mat­ter) consisteth also euen in the small things. Coment. in 2. Cor. 11. 22. tom. 9. Therefore Ec­clesiasticus aduiseth vs,Eccles. 25. 27. 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 [Page 96] 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 [Page 97] not sanctified to that pur­pose.

14 I conclude this point with the saying of Salomon, An admo­nition to them that meddle with holy things. 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. [Page 98] 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 [Page 99] 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 [Page 100] 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 sticke­gatherer was stoned, for so small a prophanation of the Sabbath; what shall [Page 101] 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 [Page 102] 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:A surmise answered. that though the Churches bee sanctified to some pur­pose, yet the sanctity there­of differeth from Leuiticall sanctification: and that God [Page 103] 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 [Page 104] 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.

[Page 105] 16 They haue also ano­ther comfort,Another surmise answered. 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, & [Page 106] 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,Dissero non assero. (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 [Page 107] 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, [Page 108] to make the Houses and offerings of God, temporall Inheritances. But I see it is a Law question in my LordTerm. Pas. An. 7. Edw. 6. Assise fol. 83. b. 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 Doct. & Stud. cap. 6. bookes, that a Statute, di­rectly against the Law of [Page 109] God, is void. If then Tithes be things spirituall, and due de iure diuino, as many great See Aug. Ser. 219. de Temp. Ho­stiens. and most Cano­nists. Concil. Montisc. 2. cap. 50. Concil. Mo­gunt cap. 38. alias 10, &c. Clarks, Doctors, Fathers, some Councels, and (that euer honorable Iudge and Oracle of Law) my Lord Coke himselfe in the second part of his Dismes font choses spiritual, & due de iure diuino. Le Eues (que) de Winch. case fol. 45. 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 [Page 110] dedicatio. Time, Place, and Persons, do not change them, as I take it, in this case.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. 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 [Page 111] 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 [Page 112] Approprietaties comfort themselues,A third sur­mise answe­red. 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, [Page 113] 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 [Page 114] 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.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. 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 [Page 115] liuings, andPlowd. in Quare imp­per Grend. L. Coke Re­port. part. 5. fol. 15. Tithes particularly. And this see­meth to take some ground out of the word of God. For the prouinciall Leuites (as I may terme them) whom1. Chr. 26. 30. & 32. 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. [Page 116] Now, that the King is See Plow­den in Quar. Imp. per Gren­don. Et Lo. Coke de Iu­re Regis Eccles. part 5. 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 [Page 117] sword of Iustice, to signifie their Temporal authority, but are anointed also with theReges sa­cro oleo vn­cti, sunt spiritualis iurisdicti­onis capa­ces 33. Ed. 3. tit. Aide de Roy 103. Ex Dom. Coke Repor. part. 5. oile of Priesthood, and clothed, Stola Sacer dotali, and veste 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. 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 [Page 118] rights, and prero­gatiues belonging vnto him, is to haue al the22 Edw. 3. lib. Assis. plac. 75. L. Coke par. 5. fol. 15. a. Tithes (through the Kingdome) in places that are out of any Parish, for some such there be, and namely, di­uers As Ingle­wood, &c. vt patet an. 18. Edw. 1. inter petiti­ones coram dūo Rege ad Parlia­mentum. 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,The danger that Propri­etaries of Parsonages stand in. let mee say one thing more to the Aproprie­taries of Churches, that happily, they hitherto [Page 119] 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, [Page 120] 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, thenSee 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. in as large and am­ple manner, as the gouernors [Page 121] 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 beeParson im­personee. Par­sons of their Churches, and vppon the matter, are as the Incumbents [Page 122] 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. thereof, and the Chur­ches by reason of this their incumbencie, are full and not void. For otherwise the 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. 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 M^r Plow­dens Coment. where it is also [Page 123] shewed, that the Incum­bencie is aSee Dier Trin. 36. H. 8. fol. 58. pl. 8. 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 [Page 124] 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 SeriantTermes of the Law in verbo Appropria­tion. 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 [Page 125] Ministry, and to the infamy of the Gospell, and professors thereof.

My Lord Coke also in the second part of his Reports, Leuesque de Win­chesters case, fol. 44 b. 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 theDiocles. vide Euseb. hist. ecclis. lib 7. cap. 3. Niceph. l. 7. cap. 3. one of them intending to haue rooted out all the Professors and Preachers of the word of God, Occidit omnes Presby­teros. [Page 126] 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 theIuli. vide Theod. hist. lib. 3. cap. 6. & Niceph. lib. 10 cap. 5 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 [Page 127] 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 [Page 128] 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, [Page 129] 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 thisIt 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. spirituall function. First why he medled with it, not [Page 130] being called vnto it. Then, why (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. 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 [Page 131] 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,That it is not bene­uolence but duety to restore Church. li­uings. but of duety and necessity so to doe. It is a worke of duty to giue that [Page 132] vnto God that is Gods, Mat. 22. 2. And it is a worke of necessity towards the ob­taining remission of these sinnes.Ad Mace donium Epist. 54. tom. 2. 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,Iob. 12. 6. as the Holy Ghost [Page 133] 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; [Page 134] 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 [Page 135] to reaue that from God, that others haue alrea­die dedicated and deli­uered vnto him.Pro. 28. 24. 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.

[Page 136] TheSynod. [...]. 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. 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 herA 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. [...] Preachers and Mini­sters continually entrea­teth, vrgeth, and requireth all men to doe it. They therefore that doe it not, [Page 137] they refuse to heare the Church: And then our Sa­our Christ, by his owne mouth, denounceth them Qui sub. nomine side­lium, agunt operai [...] fide­lium. Hie­ron. ibid. 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 theWe think the Church doth not command it till we make a par­liament law for it, but the law is made already by Christ himselfe. Church, but much more, not to [Page 138] 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 theDan. 6. 15. 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.

[Page 139] 20 To conclude then,The con­clusion. as the Philistims made hast to send home the1. Sa. 5. 11▪ Arke of God; and the Aegyptians to ridde themselues of the Ex. 12. 31 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.

[Page 140] And thus I end, with the saying of the blessed Saint Cypryan, Nec tene­ri iam,Cypr. Ser. 5. de laps. in fine. 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;Lib. de Her. [...]it. per Isid. With what face canst thou expect an inhe­ritance from Christ in Hea­uen, [Page 141] that defraudest Christ in thy inheritance heere on Earth? Therefore

Giue vnto Caesar the things that are Caesars, Mar. 12. 17 and vnto God the things that are Gods.