VINDICIAE SACRAE. A TREATISE OF THE Honour and Maintenance due to Ecclesiastical Persons. Done out of the Latin, of that famous Divine of Holland, H. SARAVIA, sometime Prebend of Canterbury. ECCLESIAST. 7.31. Fear the Lord, and honour the Priest: and give him his Portion, as it is commanded thee. L. COKE Reports. B. Winchest. Case. Le decay des reuenues de homes de Saint Esglise, in le fine serra subversion del service de Dieu, & de son Religion. That is, The decay of the Reveneves of men of the holy Church; will, in the end, be the subversion of God's Service and Religion. In the same Case. Dimes sont choses spiritual, & due de iure Divino. Tithes are spiritual things, and due by the Law of God, LONDON, Printed by T. Cotes and R. Cotes for james Boler, 1629. TO THE ILLUSTRIOUS PRINCESS, THE DUCHESS OF BUCKINGHAM: WHOM GOD PRESERVE. May it please your GRACE: YOUR most Noble and pious Disposition (to omit other Motives and Obligements) hath emboldened me to present You this Treatise, (writ in behalf of the Clergy:) which in all prostrate humility is here tendered to your Gracious Acceptance. Great is the Honour and Eminence, to which God hath exalted you; and will be yet much greater, if you honour him (again) in his Prophets and Ambassadors; who are (as S. Paul teacheth) worthy of double honour; Tim. 5.7. and are honoured by our blessed Saviour, and his Holy Spirit, with these glorious Titles, The Light of the World. Mat. 5.14 Reu. 1.20. The Stars & Angels of the Church. The Charrets and Horsemen of Israel. 〈◊〉 Kin. 2.12 Which the Devil well knowing, sometime endeavours to eclipse their Splendour, and poison their Reputation, by the venomous Tongues of wicked Miscreants: otherwhile, totally to extinguish and ruinated them, by the cursed plots and persecutions of bloody Tyrants: by whom, he commonly uses to discharge his great Artillery against them; who being once cut off, it must needs exceedingly enlarge his Kingdom of Darkness. Thus in ancient time, that BASILISK, Dioclesian, being mounted on the Imperial Throne, most cruelly massacred the Priests and Pastors of the Church. Yet this Murthering-piece (in the just censure of a famous learned Lawyer) was not so prejudicial to Christianity, L. Coke, 〈◊〉 Winch. ca●… as that SERPENTINE, Julian the Apostate, who (as Ecclesiastical Histories report) slew & martyred the very Priesthood itself: for he robbed the Church, & stripped Spiritual persons of their Revenues. Whereupon ensued great Ignorance, and extreme decay of Christian Religion; there being none that would apply themselves, or Children, or any they had in charge, to the study of Divinity, when they saw that after long and painful study, they should have nothing to live on. (Thus fare, that Oracle and Miracle of the Law.) And hence it was, that in the last Age and centenary, that great red Dragon, Reu. 12.3. whose name, is a Destroyer (Reuel. 9.11.) was so busy in alienating the Church's Patrimony, in demolishing her goodly Mansions, and Monuments, and in converting the Houses of God into Stables, (or worse:) and all under a fair colour of Non rem, ●ed modum 〈◊〉 mno.) REFORMATION (which certainly, is a good word; but it hath served to gild many a rotten post.) And this still is the Devil's Method and manner of proceeding, where he gets to be predominant, and finds fit and active Instruments for his purpose. It was well observed by a 5 Ben Ru●. Noble Knight in his Speech to the Honourable House of Commons, the last Session: That although the Calling of Ministers, were never so glorious within, yet outward poverty would bring contempt upon them; especially among those who measure men by the acre, and weigh them by the pound (as most do.) Which (he said) he found by experience in Germany, where he saw the stipendary Ministers of the Reformed Churches despised & neglected by reason of their poverty, being (otherwise) very grave and learned men. And there is no doubt (MADAM) but it is the main drift and masterpiece of Satan, and his Infernal Engines, and Emissaries (at this day) to reduce the Preachers of Gods sacred Word here in England, to the like penurious and despicable Estate, thereby to evacuate the Dignity of their Calling, and utterly to annihilate their persons & Doctrine, (For David himself, a man of admired graces, a divine Prophet, and mighty Warrior, yet (in King Saul's time) professed, that being a poor man, he was but lightly esteemed, 1 Sam. 18.23.) To prevent therefore this dangerous stratagem, and cunning sleight of the old Serpent; it is the duty of all good Christians respectively, especially of those whom God hath blessed with Honour, Wealth, and Authority, to give all due Honour, Aid, and Support to the chosen Messengers and Ambassadors of the King of Heaven; whose sacred and honourable Function was once in better esteem with the World, when a Priest married a King's Daughter (For so it is recorded, 2 Chronic. 22.11. viz. jehoshabeth the Daughter of King jehoram, the Wife of jehoiada the Priest.) As for those proud Pharisaical Peacocks, Tit. which profess that they know God, but in works deny him, and in a pretended zeal to the Gospel, make Stales and Packhorses of their Preachers, and yet rob them of their Maintenance; (scarce affording them, the crumbs that fall from their Worship's Tables) they shall (without due Repentance, and Restitution) one day know and feel, that the profane contempt, and base entertainment of them, rebounds upon Christ which sent them: for so himself proclaims, Luke 10.16. He that despiseth you, despiseth me. Undoubtedly, these selfconceited Humorists, and Solifidian-Nullifidians of our Time, have by their sacrilegious dealing, and irreligious demeanour towards their spiritual Guides, made themselves worse than Heathens and Barbarians: For how careful was Pharaoh (a Heathen King) in the extremity of Famine, to provide for his Priests, and preserve their Lands from Sale or Alienation? Gen. 47.22. And what wonderful kind, yea Honourable Entertainment did the Barbarians show to S. Paul, and his distressed Company? (See Acts 28. vers. 2, 7, 10.) Which memorable Examples, the Spirit of God hath not registered in vain; but for our Instruction, and the Conviction of their execrable Impiety, which in their hungry zeal, gape after the spoil and ruin of the Church. Yet (to give these Hypocrites their due) they are content that the King's Daughter (the Church Representative) be all glorious within; but, Ps. 45.14 that her Clothing should be of wrought Gold; fie, they hold it very unfitting: It were (say they) fare more decent and commendable for the Ecclesiastical State to conform and suit itself to the Apostles Poverty, and to that pure and primitive Time. This, they think, is a Seraphical Speculation, and worthy our best Attention: And I doubt not, but the Church will be content to admit this Conformity, upon condition, that (according to the same Rule, and Example of the devout Christians of that Age) these Pretenders to Religion, and all other Professors of Christianity will instantly sell all they have, and lay down the price at the Church's feet, Act. 4.34. Surely (MADAM) were these People in truth the Children of God (as they strongly fancy themselves; Narcissus-like, being in love with their own supposed Beauty) they would be better affected to the Church (the Mistress of heavenly Truth) and not go about (like pernicious Furies) to clothe Her in Rags; that so fervently and frequently endeavours (by the dispensation of God's holy Word and Sacraments) to adorn their Souls with the precious Pearls, and inestimable Jewels of all Christian Virtues; and to invest them ( Luke primâ stolâ) with the Richembrodered Robes, and Royal Ornaments of a true, justifying, and saving Faith. But they well show of what Spirit they are: even of such a one, as would fright the whole Pack of them, if he should appear and bristle among them at their Conventicles, or Night-Assemblies. The GOD of Heaven assist and comfort your GRACE with his Holy Spirit; make you a happy Jnstrument of much Good to his Church; and crown you (in the end) with a Diadem of eternal GLORY. Your GRACES most humbly devoted, JAMES MARTIN. TO ALL NOBLE AND RELIGIOUS Patrons and Patronesses of the CHURCH. Most Noble and Religious: LET it not seem strange to join you all in one Inscription, whom God hath linked (as those ancient Worthies and Act. 4.32. primitive Saints) by the Golden Chain of a blessed Society and Communion, for the comfort and support of his despised and distressed Ambassadors; whom, though the Devil, & his Aethiopian Angels, Reu. 2.10. strive continually (by their Agents, and Vnder-minisbers) to bring into Egyptian servitude and contempt, by oppressing, depraving, and impoverishing them; yet hath the Spirit of GRACE. stirred up your excellent Spirits, to relieve, encourage, and sustain them. In which Noble Actions (among other famous Precedents) you have that thrice-Glorious Emperor THEODOSIUS, your Predecessor; who even on his Deathbed, and in extremity of Sickness, expressed his Royal Charity, ardent Zeal, & fervent Devotion to the State Ecclesiastical: as (to his eternal honour) S. Ambrose hath recorded. And surely, if some Tim. 3.5. selfe-deceaving Christians of our Time (which make Religion a very Mummery and Disguise for their sinister ends, and give small or no 2 Tim. 4.3 Regard to the Divine Ordinance in the Ministry of their own Pastors) would unmask a while, and enter into a strict consideration of their Mortality, and the infiniteness of Eternity; with the succeeding interminable joys or Torments they must shortly endure; how highly would they esteem and reverence their ‛ Rectors, and Spiritual Guides, (Heb. 13.17.) whom God hath so singularly honoured with that Evangelicall, yea Angelical Office of conducting Souls to Heaven? Would they not (in a sacred Rapture) cry out with the Prophetical Esay 52. ● Evangelist; How beautiful upon the Mountains are the feet of him that declareth and publisheth Peace: that declareth good tidings; and publisheth Salvation, saying unto Zion, Thy God reigneth. Undoubtedly, they would (notwithstanding their humane frailties, and ● Cor. 4.7. infirmities) receive them as the Gal. 4.13, 14, 15. Galatians did S. Paul: and think nothing too good, or too precious for them. But (alas!) we have too just cause to subioine that of the same Apostle, Rom. 10.16. All have not obeyed the Gospel. For many (saith S. Bernard) will go with the Wisemen from the East, Act. 2.11. to seek Christ, yea they will fall down and worship him, but they are grown too wise to open their Treasures. Blessed therefore are YOU (thrice-Noble Christians) that spare neither your Gold, Frankincense, nor Myrrh, but make your Riches (as Abraham did his Servants) to help to entertain the Angels of God. And thrice-blessed shall you be at that GREAT DAY, when you shall jointly receive your GREAT REWARD in Heaven. March on therefore (like the Stars in their Orbs, Judg. 5.20.) in your Seraphical Zeal to the House of God, and the Officers thereof; that by such Heavenly Acts of Piety, laying up in store for yourselves a good 1 Tim. 6.19. Foundation against the time to come, you may lay hold on Eternal Life. The God of Heaven multiply the Glorious Graces of his Holy Spirit upon you; that being faithful unto Death, Reu. 2.10. He may give you a Crown of Life. Vester humilis & devotus; JACOBUS MARTINIUS. Facultatis Artium Mr Oxon. DE Authore & Jnterprete CARMEN. QVae priùs in Latio latuerunt, abdita vulgo, Dogmata Semonis sancta & celebranda Batavi, Haec sacer Interpres pulcrè transfundit, & ornat. At qui sacrata & gemmata monilia Libro Explicat aureolo, Gemmam proponit in illo. E. Gemmam. Ne sis Aesopi (Lector) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. RICHARDUS CRUXONIUS Theologus. To the AUTHOR. AS some rare Flower; whose silken Leaves have been Concealed long from their desired View, Displays (at last) his bright-sweet-smiling hue, Fit to adorn the Bosom of a Queen: Or as a Diamond of rich esteem, In doubtful shadow of the darksome Night; Darts forth his beams, and gives a cheerful light; Whose Lustre may a Royal Crown beseem: So shine thy Glories; so this Work shall be An Arch-Triumphall to thy Memory. R. B. LONDINAS. A Treatise of the honour and maintenance due to the CLERGY. CHAP. I. Donaries given to Churches, are firm by the same Laws, by which others of the Laity possess their estates. THE zeal and bounty of our fore Fathers in enriching the Church are known to all: and it were strange to imagine that an universal error, or (as some would have it) a madness, should so long transport them in that point; and that their Posterity going a quite contrary way, without Warrant from God, and Example of former Ages, should be wiser than they. As to follow the bad examples of our Ancestors is a fond Absurdity; so to contemn their examples rashly and without just cause, is mere Impiety. It is true, both fathers and children, are all prone to evil; but whether are men, more apt to take from others, or to give of their own? Our fathers gave (as none can deny) with no ill intent: their children take away what they gave; with what mind, is apparent enough. They gave, according to the Laws; these take, contrary to Law. Those things which have been given to the Church, have their strength and validity from the selfsame Laws whereby other men possess what they have: and there is none, but would think it a Tyrannical act in a Magistrate, to thirst him out of his Possessions, without hearing him first speak for himself. It had been fit therefore that Ecclesiastical persons should have been permitted to have had audience; and that sufficient reasons should have been alleged to them why they ought not any longer to be suffered in a Christian Common wealth, nor to enjoy the possessions of the Church. They also which succeeded them in their Pastoral Charge, should have been heard: for it concerned them to know how the goods of the Church were disposed. But to confiscate and sweep all away, without any legal proceeding, or hearing of the parties, was against all right and reason. If Bishops and Priests were willing to renounce Popery and embrace the Truth, there was no cause to expel them; unless perhaps Churchliving were to be numbered among the Heresies and Idolatries of the Romish Church: as some good fellows would have them. And here, I know not whether the Ignorance of Ministers, or the Avarice of Magistrates, be more blame-worthy: Both, without question were very faulty. But those subtle and crafty Politics which hypocritically made a fair show to favour the preaching of the Gospel, for their own base and wicked ends, were the Authors and Abettors of all this mischief: So that, what in others was Error or Ignorance, in them was pure Malice and Villainy. For who can excuse them of sacrilege which under colour of reforming the Church in many places of High and Low Germany, made a prey of all that was given to the Church? I confess, the supreme Magistrate ought to be the Patron of the Church, and may by his authority enact Laws concerning Church-livings, but in no case, appropriate them to himself. For the Patron ought not to despoil his Client: And it was never heard of before these Times, that any Christian Magistrate did confiscate all Ecclesiastical Possessions without exception. All Histories have branded them with Infamy which in Extremities of the Commonwealth have taken away but a part: What then shall we think of those which have played at sweepe-stake with Churchliving? I name none, but I mean them, which by their lewd Examples have taught their Neighbours to commit Sacrilege: Wherein they imitate julian the Apostate, and the great Turk (which make no difference betwixt sacred and profane) and not any Christian Magistrate either of these or former times, that I know. To such, it is a shame that Sacrilege may justly be objected: But a fare greater shame that by such it should be unjustly committed. CHAP. II. The definition of Sacrilege. SOme there are that think no Sacrilege can be now committed, because (forsooth) the difference betwixt sacred and profane, in external things, is by our Saviour's death extinguished. But this is not the opinion of a Divine, but of an Atheist rather. For though to the holy, all things be holy; and all things profane to the profane; yet the distinction of Things which they have in their use and end, is not to be abolished. Among all Nations, there was ever a main difference set betwixt that which was dedicated to Divine worship, and that which was for vulgar use. It is the End, which (for the most part) denominates all things. Private men have their Treasure: and the Commonwealth hers: If you regard the stuff, both are of the same nature (to wit, Gold and Silver, and whatsoever else is of value) But if you respect the End, and Possessor; it is fare otherwise: For the end of private wealth, is the profit of one only Family: But the end of the public, is the benefit of the Prince and People. In like sort, the Treasure or Wealth which is given or collected for the Worship of God, hath a fare different end from the other: and being consecrated to a holy use, is therefore sacred. Furthermore, as the Wrong against the Prince or State is more heinous, then that against a private man: And therefore the stealing from a private man is but Theft; but from the public Treasury, Pecula● Robbery in the highest degree: So by how much more it is a greater crime to sin against GOD then Man, the expilation of the sacred Portion is fare more damnable than any other Theft or Robbery whatsoever: And therefore it is properly termed Sacrilege; and is defined, The stealing of a thing sacred. The turpitude of which Theft is so execrable, that God himself & all Nations have punished it with exquisite Torments. But the former definition comprises not only things destinate to the service of the true GOD, but also of false Gods. For the Knowledge and Contempt of any Deity, is of the Essence of Sacrilege: Now that all, or the most which Popish Clergy possessed either by the Poor, or Church's interest, hath been purloined, sold, confiscate, or converted to private men's uses; it is so clear, that I need not stand further upon it. CHAP. III. Reasons or Pretences wherewith some would palliate their Sacrilege. BUT sacrilegious Persons and their Proctors contend, that whatsoever was done in this case, was lawfully done, both for the abolishing of the Pope's Tyranny; and for the establishing of the Gospel. Their Reasons are these. Ecclesiastical possessions were employed to idolatrous and profane uses, which being abrogated, they cannot by the Laws descend to any, but only to the public Treasury; the government whereof belongs to the Christian Magistrate. And as the godly Emperors Constantin, Theodosius, Honorius, and Arcadius, having banished the Idolatry of the Gentiles, took into their hands (without any note of Sacrilege) the Revenues and Possessions of their Priests and Temples, to dispose, as pleased them: So also the Christian Magistrate having cashiered Popery, may by the same Right challenge the Wealth and Substance which belonged to Priests, Monks, Nuns, and the like; and confiscate them, as Escheats usually are; according to Law. For no Bishop ever thought that the Church had any Right or Title to those Goods or Revenues which were destinated to Idolatry: Strange therefore it were that any Minister of the Gospel should claim the Riches of the Popish Church as due to the Reformed. Besides, there is extant an Imperial Decree in the Court, in the first Book De Paganis & Sacrificijs, tit. 14. in these words: Omnia loca, etc. that is: We command that all places which the Error of the Ancients assigned to Sacrifices, be appropriated to our Estate. But that which We or the Princes our Predecessors have (by that Right) bestowed on particular persons, We will that it be perpetually confirmed to them, as their Patrimony. And those things, which We are pleased by many Edicts to allot to the Church, let the Christian Religion challenge as her own. Dated at Ravenna 3 Cal. Sept. Honorius the 10, and Theodosius the 6, Emperors. By which Decree, it is manifest, that the Emperors had right to dispose to whom they pleased, those Goods which after the abrogation of the Idolatry of Pagans, had no owners. And in the Digest. Lib. 33. tit. 2. De usu & usu fructu legatis leg. 16. Legatum, etc. We read of Legacies bestowed upon Shows or Plays which were not lawful to be acted: And if the word Mass be put in stead of the word Plays, the case will be alike. The words of the Law are thus: Legatum Civitati relictum, etc. that is: A Legacy being bequeathed to a City, to the end that out of the yearly Revenues a Show be exhibited in the City in memory of the defunct, which is unlawful to be done; I demand what your opinion is of such a Legacy? Modestinus answers thus: Whereas the Testator would have a public Show in the City, but such a one as is not lawful to be celebrated, it were unjust that so great a sum of Money which the defunct had destined to that end, should fall to his heirs. Wherefore his heirs and the chiefe of the City being called together, let them advice to what other use the Legacy may be converted; that the Testators memory may by some other lawful means be preserved. Thus Modestinus Lib. 9 Responsorum. By which Law it is easy to judge what we are to think of those Legacies which are left for saying of Masses. Moreover, the Covetousness of Clergymen was so unsatiable, that they procured infinite superstitious Gifts and Legacies beyond all stint and measure. And when the people's Liberality began to fail, they bought Lands, Manors, and sometimes whole countries': Insomuch, that at last they would have gotten the whole Christian World into their possession, had not Kings and Emperors (seeing the damage which their States were like to sustain) limited and restrained them by their Laws. It concerns therefore wise Magistrates to look about them, lest they stumble at the same Stone. CHAP. FOUR An Answer to the Reasons laid down in the former Chapter. IN Answer whereof, We are to take heed, least avoiding one extreme we run (like Fools) into the other. If we judge, our Forefathers were too profuse, ought not their Error admonish us that we also are Men, and that it is easier to fall into the contrary vice, then to keep a mean? And that the stream of Avarice and base nigardise may transport us too fare? For admit, that the Clergy (if the Laws of Christian Princes had not bridled them) would have heaped up infinite wealth, to the great derriment of the Land, and that many things given them were partly superstitiously bestowed, partly more than needed: It follows not, that therefore none of those Donations made to the Church, were lawful, pious, wellpleasing to God, consonant to his Word, and profitable and necessary for his Church. If there were in those things any thing superfluous, it might be pared away: And what was consigned to Superstition and Idolatry, might (with them) be abrogated, or put to better uses. But whereas they say, that what was done in that kind, was wholly for the abolishing of Popish Tyranny, and establishing of the Gospel; it is a mere pretext. For the truth is, a sort of crafty Knaves, grossly abusing the Gospel, and the Preachers thereof (whom they easily persuaded) made havoc of the Church's Estate, which I will not further speak of: For if I stir this Dunghill, the scent will be intolerable. Let us now examine what hath been alleged in defence of Sacrilege. First, it is said, that the Revenues of the Church did maintain Superstition and Idolatry: which being banished, they could not by the Laws come to any, but to the public Treasury. But to discover the fallacy of this Assertion, I affirm that there is great difference betwixt Things destinated to Impious and Idolatrous uses, and those Things which Men abuse to Luxury or Impiety. There is nothing so sacred which wicked Men will not abuse. The Abuse of a good thing altars not its Nature: neither were all the Riches of the Church of Rome given her to bad and unlawful Ends. For much was given heretofore for the support of Church-Ministers, and the Poor: which though it were abused by the Romish Clergy, yet the property of those Donaries was not quite changed thereby. Of Donations made to Churches, some preceded the corrupt times of the Church; others, followed after. For it is certain that the Faithful began to contribute to the Church even at the first planting thereof, in the Apostles times. Now those which preceded the corruption of the Church, none can deny but were consecrated to God. The Bishop of Rome, and other Heretics found the Church planted by the Apostles, and endowed with a competent estate (considering the times) whereto though they did by unlawful means add much more: yet is not all that to be utterly condemned: but the End thereof, to be regarded. For in the Romish, and other Heretical Churches, are many things, which, considered aright in their kind, are truly Christian and commanded by God: such as are, the sacred Ministry of the Church: and Provision for the Poor. Now whatsoever was given to either or both of these, was undoubtedly given to a pious end, and might have a sanctified use. We ought therefore not so much to look to the profanation of them, as to the Quality of the Things themselves, to which, no man, either by prescription, or continued abuse, can purchase any Right. But if it chance that the profane or Idolatrous use be abolished, they ought to return to their primitive and lawful use. The Ark of God was taken and abused by the Philistims, yet it did not therefore cease to be consecrated to God: and being afterwards sent home by the Philistims, it was as much to be respected, as before. The Vessels and Ornaments of salomon's Temple, were carried by Nebuchadnezzer to Babylon: where he put them into the Temple of his Gods: and (in his manner) did religioussy esteem of them. Now when Cyrus had taken Babylon, he might by the right of Conquest, have made claim to them: but understanding that they did sometime appertain to the Divine Worship in salomon's Temple, he durst not meddle with them, but commanded them to be restored to their former use: lest he should fall into the same sin of Sacrilege, for which God had punished Balthasar. Those things therefore which in a pious intent, were once given to the Church, are consecrated to God: and may not lawfully be transferred to other uses. CHAP. V A Triple difference of Ecclesiastical Revenues possessed by the Roman Church at this day. But whereas all the Endowments of the Church of Rome, are not of the same kind, we ought not to judge of them all alike. There is a threefold difference of them. In the first Rank I put those things which our Ancestors gave for the maintenance of Church-Ministers, and the Poor: Next, what was given superstitiously, as for Massing for the Quick and Dead, and whatsoever was bequeathed to Monks, Nuns, and Soule-Priests: Lastly, I reckon those infinite Donaries, pernicious to the State of Christendom, which were unadvisedly given by Kings and Emperors, or by force or fraud extorted from them: of which sort are Inuestitures of Ecclesiastical Feudes, given by Princes to the Church, and in that regard, belonging thereto; which nevertheless the Pope claims as his Right: As also those Kingdoms which are made tributary to the Pope: wherein he challenges a perpetuity. I speak not of the Monarchy of the whole World, which he likewise makes claim to. These things since by divine and humane Right they pertain to Kings, the things which are Caesar's aught to be restored to Caesar. For our Lord hath forbidden the Ministers of his Church, to be Kings, Luke 22.25. where he thus corrects the Error of his Apostles: Kings of the Gentiles exercise Lordship over them, and they that are in authority over them are called Benefactors; But ye shall not be so: That is, You shall not be Kings: whom, those that are under their cruel government, are fain to flatter with the magnifical Titles of Clemency and Beneficence. justly therefore may Kings resume whatsoever the Roman Prelate hath fraudulently or violently appropriated to himself. But in this point there is both Prudence and Moderation to be used, lest Caesar take not (with his own due) those things which belong to God. The Roman Clergy seized on both: And it were a great dishonour for the Christian Magistrate to imitate them; and to punish Rapine with Sacrilege. I grant, that the Magistrate may by his Authority dispose at his pleasure those things which were given to merely superstitious and Idolatrous uses, and that the Church hath no Right to them. Notwithstanding, if the Law before recited, or the Advice of most learned Augustine may take place, the Legacies bequeathed to the saying of Masses, or the sustaining of Friars and Nuns, may be converted to better uses, whereby, the Testators memory may be lawfully perpetuated. In the 16 chap. of Numbers, the Censers (wherewith 250 Rebels, impiously usurping upon the Priesthood, would needs offer Incense to God) were hallowed: And therefore God would not have them afterwards employed to common uses, but commanded that they should be made into broad Plates for a covering of the Altar, that so the Brass which they had wickedly abused might be put to a sacred use. Which Command, though it be not general, yet it teacheth us what to do in the like case. Augustine in his 154 Epistle to Publicola, concerning the Euersion of Idols, and their Groves, and Temples; judgeth that they were to be converted not to private uses (lest it should seem to have been done rather by Covetousness, than Devotion) but to public; and namely, to the Service of the true God: That so, they might be in the same state with Men, that from profane Impiety were converted to Christianity. Since the Law of God prescribes nothing herein to the Magistrate in express terms; and whatsoever Moses hath written hereof, concerns the Israelites in particular; for my part, I am of opinion that he may use his own Discretion in the managing of these things: Nor do I contradict the Decree of the Emperor's Honorius and Theodosius: Yet I would desire that Princes and other Sovereign Magistrates which have reform the Church would consider, that Abbeys and Monasteries did rob her of her Right when they impropriated to themselves the Tithes and Offerings which Christian Princes and People did in times past consecrate to their Pastor and the Poor. For contrary to the custom of the ancient Church, they took upon them the government of Churches; and under colour of professed Poverty, they snatched away those things which ought to have been distributed to the Poor indeed. CHAP. VI The possessions of Monks are not all of like nature. AS I have showed the great difference of the Estate of the Pastors & Rectorsof the Church: so also are the Possessions of Monks not all alike. It were tedious to recount how they came to so great Wealth: This chiefly would I have observed, that whatsoever was possessed by Monks, that was indeed due to the Poor, and Church-Pastors, doth appertain to the first sort of Ecclesiastical goods, which after the Overthrow of Monkery, are not to be held as escheated, while the Church hath Pastors and Poor to provide for. Wherefore after the Eiection of Popery, those things only were to be confiscate, which did only serve to support the Pope's Superstition or Tyranny. The remainder, which had no impious Ground or End, should have been restored to the Church. Wheresoever therefore all that belonged to Monks and Monasteries was confiscate by the consent or counsel of those whom it more nearly concerned to look to it, they were the more too blame, that did not intercede therein; and better inform the Magistrate: for surely, the profanation and abuse of the Churches Patrimonic, could not be so great, as to change the nature of it, and utterly destroy the first Donation. The Ark of God among the Philistims, was still the same: and the Vessels of the Temple, lost not their sanctity in Babylon. What though the Pope and his Clergy foully and impiously abused the true and lawful Goods of the Church? Ought theresore the true Ministers of the Church to be cheated and defrauded of them? Their Possessors, are not Lords or Owners of them; but Stewards only, having the use, fruit and administration of the Church's Estate, but no propriety therein. Neither makes it any thing against me, that Bishops in times past thought that the Revenues dedicated to Pagan Gods, did not belong (of right) to the Church; for I say not, that the Church hath any Title to those Things which were immediately dedicated to Impiety: such, I have already confessed to be in the power, and at the donation of the Magistrate: and that the Edict of Honorius and Theodosius, and other pious Emperors and Christian Kings displeaseth not me: Whose Examples, if they, whose Errors moved me to write this Treatise, would have vouchsafed to have followed; there had been no need of this Disputation. CHAP. VII. It is one thing for People to be converted from Paganism to Christianity: another thing, from Popery, or any other Heresy. WE may not forget, that it is a fare other matter for any People to pass from the Pagan Religion to the Christian; then from the Papistical Heresy to the same. The Difference betwixt Paganism and Christianisme is not the same as between Papisme and Christianisme. For Paganism hath in it nothing at all of Christianity: but Popery is Christianity contaminated with Superstition and Idolatry, and (as I may say) a Mongrel and impure Christianisme. For the holy Scripture of the old and new Testament, the Covenant of God, the Baptism of Christ, the Remission of Sins, the Name of Christian, and many other things there are in it that are proper to the Church, and Marks of Christianity; which out of the Church are not to be found, either in Paganism, judaisme, or Mahometisme. Were Heresies and Superstitions weeded out of the Church of Rome, the Remainder would be Christianisme. For Popery, is the disease of the Church, not the Church itself: and as the Leprosy, or other deadly Contagion is to the Body of a Man, such is Popery to the Body of the Catholic Church: so that to forsake Popery, is not to forsake the Church but the Plague of the Church. When an Ethnic is made a Christian, an Alien and Forreyner is endenized and ingraffed into a new People, & gins to be a Member of the Church: In the Reformation; an adulterous Church becomes a chaste Spouse, and is reconciled to Christ her Husband: and spurious and bastard Christians are legitimated: wherefore, whatsoever Goods of her Husbands, the Adulteress usurped; the lawful Church (as the true Wife) may justly claim. In the Code of Theodosius, Lib. 16. tit. 44. Contra Donatistas'; it is thus. Let those Possessions where direful Superstition hath hither to reigned, be annexed to the Venerable Catholic Church: and let the Bishops, Priests, and all the Prelates, and Ministers [of the Donatists] be stripped of all their Revenues, and banished to several Lands, and Provinces. In the same place (in the 4 Book) we find a Decree of the Emperor's Honorius and Theodosius, against the Montanists, in these words. If there be now any of their Edifices standing, which are rather to be termed the Dens of wild Beasts, than Churches, let them with their Revenues be appropriated to the sacred Churches of the Orthodox Faith. Before our time there fell out many Alterations in the Church: but when godly Emperors expelled the heretical party; they spoiled not their Churches of their Possessions, but restored them to the true Professors: as Augustine witnesses in his 50 Epistle to Bonefacius a Soldier. Quicquid ergó, nomine Ecclesiarum partis Donati possidebatur, Christiani Imperatores legibus religiosis cum ipsis Ecclesiis ad Catholicam transire iusserunt: That is, Whatsoever the Donatists possessed in Right of their Churches; the Christian Emperors, by religious Laws commanded to pass (together with the Churches) to the Catholic Church. Thus Austin. I need not produce any more witnesses to prove so evident a Thing, and well known. To capitulate therefore what hath been said: Ecclesiastical Possessions gotten by fraud or force, and usurped against all Right, or given at first to a mere superstitious end, are in the power of the chief Magistrate. But what hath lawfully been given to the Church, and receaned, is consecrated to God, nor may without Sacrilege be otherwise trans-ferred. St Augustine in his 50 Tract upon john, the 12 Chapter and 9 Tome, saith thus. Ecce inter Sanctos est judas, etc. Behold judas among the Saints, and slight it not: not an ordinary, but a sacrilegious Thief: a picker of purses: but they were the Lords: of purses, but such as were sacred. As Crimes are adjudged in the Civil Court, simple Theft (from private persons) is not so penal, as to rob the Commonwealth: How much more than is that sacrilegious Thief to be condemned, which dare steal from the Church? Such a one may well be compared to judas, the son of Perdition. CHAP. VIII. What a heinous and incurable Sin is Sacrilege. PLATO being about to make a Law against Sacrilege, De Leg. Dial. 9 gins with a great Preface, judging it to be an incurable Crime, and the Actor thereof not to be ordinarily evil, but a creature composed of inexpiable Villainies: wherefore he exhorts such as are led with that hellish fury, to expiate themselves, to frequent the Temples, to propitiate the Gods, to use the Company of good Men, to give ear to them, and to endeavour to speak and practise honest and just things. And if none of these can rid them of their disease, he holds, that Death were better for such, than Life. The Tenor of his Law followeth. Quicunque in Sacrilegio, etc. Whosoever shall be found guilty of Sacrilege, if he be a Servant or Stranger, let his Crime be branded in his face & hands, and being well scourged, according as the judges shall think meet, let him be stripped naked, and so banished the Country. For peradventure he may become somewhat the better by this punishment. For no punishment that is inflicted, is hurtful to the party; but either makes him better; or less evil than he was. But if he be a Native or Citizen that shall be convict of such a Crime against the Gods, or shall do some heinous injury to his Parents, or City, let the judge resolve, that such a one is incurable, since having had (from a Child) all Institution and Education, he hath not contained himself from the execution of such execrable Acts. Let him therefore suffer Death; which is the least of Evils. The other; being disgraced and banished, may haply do good to others, by his Exemplary penalty. The Roman Laws of the twelve Tables, thus Decree concerning Sacrilege. Sacrum, sacrove commendatum, qui clepserit rapseritque parricido esto. That is, He that steals or takes away that which is sacred; or dedicated to a sacred use, let him be guilty of Parricide. What should I stand to repeat the severity of Laws in this case? It is well known to all. As for those Sacrilegious persons, which escape the judgement of Men, either because they are Great, or Powerful; or so concealed, as the Laws cannot be executed upon them, they shall not be able to evade the judgement of God. For it is one of the most Capital Crimes that is pursued with Divine Revenge: and both sacred and profane Stories yield us innumerable Examples thereof: of which, I will propound a few. CHAP. IX. Examples of God's Vengeance upon sacrilegious Persons. THE first Example, shall be that of Achan (josua 7) who from the consecrated Stuff of jericho, took 200 shekels of Silver, and a Wedge of Gold * Ios. 6.19. (beside the accursed Babylonish Garment) for whose only sin, all Israel suffered the Wrath of God, till the sacrilegious Delinquent and all his Family; his Sons and Daughters, Oxen, Asses, and Sheep were stoned to death by all the People; and afterwards (together with his Tent and all that he had) burned with fire. The next, shall be another sacrilegious Fact committed by Priests, and punished by God, as severely as that of Achan. In 1 Sam. 2. we read, That a Man of God came to Eli the Highpriest, and said unto him, Thus saith the Lord, Did I plainly appear unto the House of thy Father, when they were in Agypt in Pharaohs House? And did I choose him out of all the Tribes of Israel, to be my Priest to offer upon my Altar, to burn Incense, to wear an Ephod before me? And did I give unto the House of thy Father all the Offerings made by fire of the Children of Israel? Wherefore kick ye at my Sacrifice, and at my offerings which I have commanded in my Habitation, and honour'st thy Sons above me, to make yourselves fat with the obiefest of all the Offerings of Israel my People? Wherefore the Lord God of Israeh saith, I said indeed, that thy House, and the House of thy Father should walk before me for ever: But now the Lord saith, Be it fare from me: For them that honour Me, I will honour; and they that despise me, shall be lightly esteemed. Behold, the days come, that I will cut off thine arm and the arm of thy Father's House, that there shall not be an old Man in thine House. And thou shalt see an Enemy in my Habitation, in all the Wealth which God shall give Israel, and there shall not be an old Man in thine House for ever. And the Man of thine, whom I shall not cut off from mine Altar, shall be to consume thine Eyes, and to grieve thine Heart; and all the increase of thine House shall dye in the flower of their age. And this shall be a sign unto thee, that shall come upon thy two Sons, on Hophni and Phinehas: in one day they shall dye both of them. And I will raise me up a faithful Priest, that shall do according to that which is in mine Heart, and in my mind, and I will build him a sure House, and he shall walk before mine Anointed for ever. And it shall come to pass, that every one that is left in thine House, shall come and crouch to him for a piece of Silver, and a morsel of Bread, and shall say, Put me (I pray thee) into one of the Priests offices, that I may eat a piece of Bread. Thus the Man of God: All which things, as he foretold them, soon after came to pass. For the Sons of Eli were slain in Battle: The Ark of the Covenant was taken by profane Men: Eli having heard the message thereof, fell from his Seat, and broke his neck, and died: His Daughter-in-law (Ph●nehas Wife) died in the pangs of Childbirth: The holy place of Shiloh was forsaken of God, nor was the Ark of God ever brought thither again: Lastly by saul's appointment, 85 Priests (of Eli's Family) were put to the sword. I omit to speak of other calamities which that House suffered, for the Sacrilege of those two Persons. And although the Philistims did (after a sort) honourably entertain the sacred Ark, yet did God severely punish their Impiety, nor did they scape scotfree for handling so divine a thing. I pass by the Sacrileges committed, from that time, to the Captivity of Babylon. Balthusar King of Babylon, is a memorable Example of Divine justice against the Sacrilegious. For he commanded that the sacred Vessels which his grand father Nebuchadnezzer had taken out of the Temple at jerusalem, should be should be brought to the Feast which he had made, that Himself and his Guests might drink therein in contempt of God. But the Wrath of God seized upon the sacrilegious Prince, in the very Act, and denounced to him present Destruction by the Prodigy of a Handwriting on the Wall of his Palace. Whereupon Daniel the Servant of God being called to read and interpret that divine Writ, did gravely rebuke him for his Impiety; saying to him (among other things) thus: Thou hast lifted up thyself against the God of Heaven, and they have brought the Vessels of his House before thee, and Thou and thy Lords, thy wives and thy Concubines have drunk Wine in them, and thou hast praised the Gods of Silver and Gold, of Brass, Iron, Wood, and Stone, which see not, nor hear, nor know: and the God in whose hand thy breath is, and whose are all thy ways, hast thou not glorified. Then was the part of the Hand sent from him, and this Writing was written: Mene, Mene, Tekel, Vpharsin. This is the Interpretation of the thing, Mene, God hath aumbred thy Kingdom, and finished it. Tekel, Thou are weighed in the Balances, and art found wanting. Vpharsin, Thy Kingdom is divided, and given to the Medes and Persians. Thus Daniel. And that very night was Balthasar slain, and the Empire of the Assyrians and Chaldaeans, which had flourished 130 years, ended, and was given by God to the Medes and Persians. I come now to the Greeks', under whom the jews suffered many grievous calamities, both from their own Nation, and the Greeks' themselves. The execrable Fact of Altimus the Highpriest, which sought to overthrew the Temple of God, was not unpunished: for being strucked with a Palsy, he died in great torment. Heliodorus, being sent to jerusalem by King Seleucus, to rob the Temple, of the sacred Treasure (which he understood, was exceeding much) felt the hand of God upon him; together with his Companions which came with him: nor had he escaped Death, if Onias the Priest had not prayed to God for him. Whereupon, being delivered, he returned to his King, and professed, that God was the Keeper of that Temple, and Defender of the Treasure: and if the King were displeased with any, and wished his destruction, he should send him thither. The robbing of that Temple, cost that great Roman Commander M. Crassus' dear: for God, by the Persians, revenged the Sacrilege: who put him, and his Army to the Sword; and thrust molten Gold (which in his life-time he so thirsted after) into his head & mouth and in insulting manner, exprobrated his unsatiable Avarice. judas the Traitor, deserves the first place among sacrilegious Wretches; for he, for covetousness of Gold, spared not his Lord and Master, whom he knew to be innocent. But he became his own Accuser, judge, and Hangman; and so miserably perished. Admirable also is the Example of Ananias and Saphyra; whom God chastened with corporal Death, because they presumed to retain to their own use, part of that Money which themselves had voluntarily dedicated to God. Which Fact of theirs, though it were more excusable, then if they had done so with others Money; yet we see the severity of God's judgement upon them; to the Terror of all other Christians. All Histories relate the Plagues which fell upon julian the Emperor, for his Apostasy and Sacrilege: who in derision of Christ and Christians: when he had stripped the Church and Bishops of all they had, told them, that in so doing, he had a special care of their Souls health; because the Gospel commended Poverty unto them. To this julian, I will add another julian; his Uncle; as sacrilegious a miscreant, as himself: who at Antioch in Syria, having gotten together a great number of most precious Vessels and lewels of the Church, to carry them into the Emperor's Treasury; he threw them on the Ground, and began to scorn and blaspeme Christ at his pleasure; at last, he sat down (in great contempt) upon the sacred Vessels. But see the hand of God Strait after, his Privie-members, and secretparts consumed away, and the Flesh about them rotting by piecemeal, turned into Vermine: and his Disease so increased, that no Physic could help him: for the Vermin, being hid in his Inward-parts, crept to his sound and live flesh, and never ceased gnawing, till they had quite made an end of him. I omit others, whom the Wrath of God hath punished in like sort. Many Histories of Christian Kings might be added, whom God justly plagued for their Sacrileges: but that it were too tedious a work: and some things are reputed by Historians, for sacriledgious; which if they were done in no contempt of God, may be excusable. It had been sacrilege in David, to have eaten the Shewbread, if Necessity had not excused it. But sacrilege is to be measured by Impiety; which consists as well in the Contempt of a false God, as of the true; to wit, whensoever, that, which othersworship (for God) is contemned with a kind of Irreligion; rather; then out of a true Faith, and devotion to the true God. And so much, is the mind and intent, in this case, to be considered; that as it may be an Act of piety in the Worshippers of the true God, to demolish the Temples of false Gods; and to break their Images: so, if the Worshippers of false Gods; or Atheists, which scorn all Gods; should do the like, it were Sacrilege, and Impiety. If any ask, how he can be said to contemn God, which believes there is no God? I answer, His very believing that there is none, proceeds from Contempt. No marvel therefore, if the wrath of God fell upon Idolaters that were sacriledgious. Whereof profane Stories have innumerable examples, of which I will select a few. The Temple of Delphos was famous in the World; and neither Xerxes, nor Brennus that profaned it could escape the visible vengeance of God. The Proverb of the Gold of Tholouze; whence it had its original, is commonly known. Cambyses Soldier which he sent to rob the Temple of jupiter Ammon, were swallowed up quick of great heaps of Sand: and Cambyses himself a derider of the Egyptian sacrifices, because he did it, out of an Impions' mind (notwithstanding they were defiled with superstition) not long after that he had killed their Oxe-God Apis, perished of a wound given him with his own Dagger. And the Wrath of God (in all men's judgement) lighted on Pyrrhus, who having robbed the Treasury of Proserpina the Locrensian Goddess, and having conveyed that wicked Prize to his Ships, himself and all his Fleet with a sudden storm were drowned near to the bordering shore; where the Treasure was all taken up, and restored to the Goddesses Treasury. I will add one more Example of Dionysius the Tyrant of Syracuse (though of contrary Event) for their sakes that among their Companions think it such good sport to laugh at God, and all Religion, to the end that they which scorn the Doctrine of Christianity, may be instructed by Pagans themselves. Valerius Maximus in his first Book and second Chapter, Of the neglect of Religion; relates these words of Tully concerning Dionysius. Dionysius borne at Syracuse, did take great pleasure in jesting at his sacrilegious pranks, which we now rehearse. Having rob the Temple of the Locrensian Proserpina, and sailing afterwards with a very prosperous wind, he smiled and said to his Friends: See ye not with what a fair gale of wind the Gods themselves bless them at Sea, which rob them? Another time, having stripped the Statue of jupiter Olympius of a goodly Garment of massy Gold, which King Hiero having taken from the Carthaginians did adorn it with; he put on (in stead thereof) a Cloath-cloke, saying, that a Golden-Mantle was too heavy for Summer, and too cold for Winter; but that of Cloth would serve very fitly for both seasons. He commanded also to take away the golden Beard of Asculapius at Epidaurus; saying, that it was undecent to see the Son have a Beard, & Apollo, the Father to have none. He took also the Golden and Silver Tables out of the Temples; and because it was written in them (after the Greek fashion) that they were the Tables of the good Gods, he said, he would make use of their Goodness. He also took away the golden Plates, Crowns, & Images of Victory, which were held with outstretched hands of Images of the Gods; saying, that he did not take them away, but receive what was offered him: arguing, that it was a senseless thing, to pray to the Gods for good things, and refuse them when they so readily tendered them. This man, though in his own person he suffered according to his deserts, yet being dead, he had that penalty, by the ignominy of his Son, which he escaped when he was alive. For God proceeds many times but slowly to revenge: yet at last, that slowness is recompensed with a greater weight of punishment. Thus fare Valerius; who though he say much, yet much more is said by Tully, to wit, that Tyrants are ever vexed with the Sting of Conscience; Lib. 3. De Nat. Deo. and that their wicked Acts never let them rest, but inwardly torment their Minds, even as Hangmen torture Malefactors on the Wheel or Rack, And certainly Dionysius his laughter was but Sardonian (as they say) and from the teeth outward: for being conscious of so much Villainy, he could not possibly be without fear. And though the Vulgar might think him a happy man, yet he knew himself, how wretched he was, and how fare from his supposed Felicity. Cic. lib. 4. Tuse. His friend Damocles being desirous to have a Taste of his happy Estate; he was content: and commanded him to be placed in a Golden Bed, and all kind of Delicates to be ministered to him: so that Damocles thought himself most happy. But as soon as he perceived a glittering Sword over his head, hanging from the Roof but by a Horsehayre, instantly the pleasure he took in all those sweet things, vanished: and being loath to enjoy a happiness accompanied with such fearful perplexity, he craved leave of the Tyrant to be gone. And hath not Dionysius now sufficiently showed in what fearful pangs the Sacrilegious are? But what shall we say to that of the Satirist? Dicite Pontifices, in Templo quid facit aurum? Tell me, you High-Priests, what makes Gold here i'the Temple? It is no reason that I should reply in behalf of those Pagan-Priests: Yet thus much I dare say; That Gold, such as it was, to the impious Idolaters, was sacred. What use that served for, which was kept in the Temple of God, we may know by the words of Onias the Highpriest to Heliodorus: to wit, for the relief of Widows and Orphans. As for the Treasure and Gold which once the Church had, it was not, in the best times, unemployed; but was used for the supply of poor necessitated Christians, and people that were in misery. The Church (saith St Ambrose) hath Gold, which it hoards not, but bestows, as occasion serves. It was ever the chiefest Commendation of a Bishop, to feed the poor, and help the afflicted: and because Christians in times past would have their Bishops to be bountiful, they did endow them with large Revenues. But now Men seek to undo them, and to reduce them to such a poor pittance, as they can very hardly support their estates. So, they may teach Charity, and preach Liberality, but not be able to practise it. I well wots, that some will object the Covetousness, and Pomp of Bishops, and that they spend all the Church's wealth on themselves, without any Care or Conscience to relieve the Poor with any part of it: which Sacrilege, if it be found in Men of their Rank, is a great deal the more heinous. But one Sacrilege cannot excuse another: and lest the Pastors of Churches should commit Sacrilege, they which have impropriated Church-living, had rather do it themselves. For most certain it is, that whatsoever (under that colour) hath been taken from the Church, hath not been given to the Poor: who are now in worse case, than ever before: yea they were fare better relieved by Ecclesiastical persons, heretofore; then now by Laymen (of what quality soever) that have gotten the Lands of the Church into their possession: And when the Tyranny of the Bishop of Rome was first abolished, the Poor might with more ease have obtained their due portion from the Pastors of the Church, than ever they could from them which unjustly succeeded them, and still usurp the Church's Patrimony. But to conclude, whosoever they be that either make a prey of the Church, or wickedly abuse the Revenues thereof, cannot be excused from the Crime of Sacrilege, and therefore (without Restitution) shall not escape the Vengeance of GOD. * ⁎ * Reason's against the Maintenance of Ministers by arbitrary Stipends. SEeing the Apostolic Rule commands, that good Order be kept in the Church, and that all things therein be done to Edification; it is not amiss to consider, whether it may better be observed, by putting Ministers to Pensions, or by the ancient manner of paying Tithes and Offerings to the Pastors, delivered by the Apostles to the People of God, and practised by the Fathers of the Church. I suppose, that Wisdom was not borne with us, that we should order things better, than the Ancients did: and I hold that we ought to innovate nothing in the Church, without the approved pattern of former times, to the end we give no just cause to our Adversaries to calumniate. But this new found way of honouring the Clergy with stipendary Contributions, is unknown to the Scriptures, and Fathers: for it was never heard of before our time, that the Church had stipendary Ministers. Yet I would not be so mistaken, as if I held it utterly unlawful for the Magistrate to allow Pensions to the Clergy for their better maintenance: but this I say, that Christian People are bound to their Pastors in a more strict and religious Bond of Observance; and therefore it is their duty, by the best Expressions of a grateful mind, to honour them: which when they do not, it is a sign, their Charity is but cold. ●al. 6.6. St Paul commands that he which is taught in the Word, communicate unto his Teacher in all his Goods: From which Duty no stipends can free the Rich and Wealthy hearers. For that Communication of good things is not always done for the relieving of necessity, but also for the Testification of our thankful and honourable Regard. Our poor Christian Brother is honoured with a reward, for his necessity: but, the Pastor, for his Office and Dignity. Again, the Will of Magistrate is mutable; whom if Ministers chance to displease, they are sure to have but slow payment, and perhaps none at all. And if their Pensions come from the public Treasury; whensoever that is at an Ebb (as many times it happens) they are like to be in a pitiful case. For the People being not wont to pay any thing (of due Right) to their Pastor, will think that his Necessity is nothing to them; and will not therefore be persuaded, to do as Duty binds them: yea, the most will rather utterly forsake their Preacher, then contribute any thing to him: who being so deserted, will be forced to leave his Flock: as in many places of Holland, it hath come to pass. And how miserable the estate of Ministers is in Holland; both for smallness of Stipend, and difficulty of payment, they know who have experience of it; being enforced to go a long and tedious way to beg their Pay of the Officers; who oft welcomming them with base reproaches, send them away empty: so that they bring home nought, beside the troublesomeness of their journey, but loss of Time and Expense. Moreover, the Magistrates that are accustomed to pay such Stipends, begin to esteem their Pastors, but as Civil Officers: insomuch, that men of base condition (setting their Office aside) as Shoemakers, Smiths, Woodmongers and Peddling Merchants dare many times presume to insult most rudely over their Preachers: saying, you are our Servants; we pay you Wages, etc. I should be ashamed to speak so contemptuously, to a Drudge, or Scullion. Being at a solemn Feast at Gaunt, where the Prince of Orange was entertained, I sat over against two Scabines, or Burgomasters, who when they had well warmed themselves with Wine, and of Mutes, were become Vowels, thinking (belike) that I heard not what they said, being busy in talk with him that sat next me, they fell (as I well remember) into this Discourse. We must (said they) take heed lest these Ministers do not sometime put us to as much trouble, as the Popes did. We must therefore keep them under, that they grow not into too much favour and authority with the People, to the prejudice of the Magistrate: and especially we must see that their Stipends be not great; for he that daintily feeds his Servant, shall find him refractory. These Men made a show to be Patrous (forsooth) of the Church, and Defenders thereof, but afterwards they discovered themselves what they were, proving indeed Traitors to the Church and Country. Whether Holland have any more such, I know not: From like effects, it is lawful to argue to the like causes. Thus we see, that the Temporalties of the Church being confiscate, or sacrilegiously alienated, there can accrue nothing to the Clergy, from their new supercilious Paymasters, but Contempt. Let none therefore wonder, if I dislike this new fangled way of honouring and maintaining the Ministers of the Gospel: for it is no honour, which is joined with Disgrace. And let that Order which was prescribed by God himself out of his Divine Wisdom, in the Old and New Testament, for the honourable maintenance of his Servants, as it was understood and practised by the ancient Fathers, be inviolably observed: nor let self-conceit flatter us, that we are able to find out a better way. Let Abuses be so corrected, that the lawful use be restored: and let not their Impiety which with their wicked Acts defiled sacred & profane things, so fare transport us, as to confound sacred and profane together; and utterly abolish that difference in Things, which Nature and Reason have constituted. FINIS. AN APPENDIX TO SARAVIA; ANSWERING FOUR MAIN Arguments which Usurpers of the Churches Right usually allege. POST TENEBRAS LUX LONDON, Printed by T. Cotes and R. Cotes for james Boler, 1629. An Appendix to SARAVIA; Answering four main Arguments which Usurpers of the Church's Rights usually allege. First, Abbey-Land. OUR Land is Abbey-Land, belonging to such a Monastery before the Dissolution: and consequently exempted from Tithes, as was the Abbey. Answer. This Land they may enjoy, unless it were once consecrated to the Church: and if so, let them take heed: for what is once dedicated to the service of God, may not be alienated therefrom: (some few cases excepted) whereof this (of Lay-impropriators) is none. Their Reply. It is descended to us by Inheritance, and therefore we may without scruple enjoy it. Answer. 1 It is very disputable whether their Title be clear, unless it can be evidently proved by them, that the Land was never consecrated to God, (as aforesaid,) which if it be not apparent, they cannot without much doubting, and scruple of Conscience, enjoy it. 2 Admit, their Title be clear, and themselves void of perplexity concerning it; yet was the Tithe of those Lands originally consecrated to the maintenance of God's Service: Why then deny they the payment of that Tithe? For it is not a contemptible Pension (in lieu thereof) that will maintain a sufficient Preacher, or will excuse them for detaining it. Their Rejoinder. The same Parliamentary Authority which gives Ministers Tithe in Places not exempted, hath exempted our lands from payment of Tithe. Answer. But what if the Law (in that point) be not so clear as they imagine? It is well-known, that the alienation of these Tithes (devolved to the King at the dissolution of Abbeys, together with the Lands) was at first, an Act of the Pope, by injurious usurpation upon the Churches Right, & against the Laws of God and Man then in force. Now it is not to be thought, that the Statute (in that case) intended the ratification of that sacrilegious Act, or to make that just which is originally unjust, or utterly to abolish Tithes; but only to change the possession, for the present, till the Churches claim might more evidently appear. But suppose the Law were clear for nonpayment of these Tithes, how doth it accord with the pattern of the Divine Law? For if God have ordained that Preachers of the Gospel should live of the Gospel, and that their Hearers are to communicate unto them Gal. 6.6. in all good things; then surely, seeing their Ministry is much more excellent than that of the Law, either Tithes (at ) or some better thing is due to them by Divine Ordinance. It is therefore hard dealing, to bar them of the ancient Ordinance of Tithe, unless there can be produced out of Scripture some other Law of Provision, to disannul it. Second, Composition. WE have Compositions from former Incumbents which free us from Tithes. Answer. Though such Compositions be seldom produced, lest the present Minister may pick somewhat out thereof, for his own advantage and relief, yet admit the Composition be never so strong, how can it stand with Conscience, that the Act of one Incumbent should prejudice his Successors in a great Charge, to their utter impove, ishment and undoing? Or how can it be reputea a lawful Contract, which so deeply trenches on the Churches Right, to the extreme decay and hindrance of God's Service? Can the buyer or seller (in this case) have any hope to be a member of the Church Triumphant, that life's and dies a betrayer and spoiler of the Church militant, in that sort? Better therefore, that such Compositions be renounced, than their Souls be so manifestly endangered. Third, Praescription. WE can prove Praescription (for diverse Descents) exempting us from Tithes. Answer. It is observed, that few great rich-men can endure with patience to pay Tithe in kind: whereupon they take their opportunities to agree with the Incumbents for their Tithe at an undervalue; pretending, that if they agree not, they will make the Tithe little worth to them: this done, they are willing, out of their (exceeding) Zeal to the Church, to allow a poor yearly Pension to the Preacher. Which Praescription having once got footing for some good term of years; if any succeeding Incumbent dare presume to question it, they will make him know, that he hath roused a Lion, and scourge him through all the Courts of the Kingdom. Yea, if the Prescribers add, by purchase, or enclosure, to their Demaines in the same Parish; they will by virtue of the same vicious Prescription, detain all the Tithe of the Portion so annexed. The answer therefore is, Non firmatur tractu temporis, quod de iure ab initio non subsistit: That which was of no validity at the beginning, never becomes lawful by any tract of Time. This therefore is nothing but a plain robbing of the Churches due. Fourth, Customs. BY the Custom of our Parish, continued by long consent, and practise time out of mind, we pay not such and such Tithes. Answer. Consent and Practice make not a Custom lawful, unless it be grounded upon evident reasonable cause: Nisi enim, consuetudo ratione munita sit, non est consuetudo, sed corruptela: If Custom be not fortified by Reason, it is rather Corruption, than Custom. By which Rule, if the pretended Customs be examined; they will (for the most part,) appear both unreasoable and unconscionable: for if the greatest part of the Parish be Wood-ground, is it not reason that Tithe-Wood be paid? And if Sheep feed on the Common for eight the most profitable months in the year, though they be not wintered in the Field, is there any Reason to detain the Tithe, upon pretence of Custom? Their Reply. Notwithstanding, we pay to the Minister, a proportionable Rate. Answer. True: if a few scraps, not worth taking up, may be so termed: which how it may stand, with Right or Reason, justice or Equity, let all men (that are not partial) judge. Seeing therefore, that these Exemptions, Compositions, Prescriptions, and Customs, are the very Cankers of the Church, and bring infinite penury, and misery upon the Clergy, to the extreme decay, & detriment of God's true Religion; I see not how they can be said to have any sense or feeling of God, or Godliness, that shall, against the Evidence of Truth, and recoiling of their Conscience, continue them. The LORD turn the Hearts of ●he Spoilers of his Inheritance; an● remember in mercy those which have compassion on his distressed Servants. FINIS. Additionals. X EXprimit antiquis haec Christūs littera scriptis, Exprimit & partem quam petit ille sacram. Ergo citus, Christi quae suut, dato munera Christo: Caesaris accipiat Caesar: uterque suum. H. S. Eques Auratus. Thus Englished. THis X (of old) expressed Christ's holy Name, And eke the sacred Tenth, which he doth claim: Give then to CHRIST, what's CHRIST's, without delay: Give Caesar, Caesar's due: and Both, their Pay. I. A. Oxon. In modernos 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & Numularios; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. SOme say, since Peter cut off Malchus ear The Clergy and the Lay have scarce been friends: But why should they such causeless grudges bear? Was there not instantly made full amends? Yet All (though strong and ponderous Proofs they see Pressed on Church-Pirates) will not yet agree. For Simon Magus in a sacred thirst After Churchliving (taking Malchus part) With his Boar-spear (O Caitiff most accursed!) Runs Peter, james, and john into the heart: Yea, all their Successors seeking to quell, Or beggar quite, rides post amain to Hell. After him marcheth hungry Sacrilege (Ye lad with mighty Arms, and massy Shield) 'Gainst the poor Church; and proudly can allege CUSTOM and LAW; then challengeth the Field. But soft (Sr DAGONET) a word (I pray) Ere that our Tithes you harry quite away. Is not our GOSPEL better than your LAW? (Yea, or the Law which Moses self did utter:) Is not that, Gold; and * Caninum litigand studium dixit Columella. Lib. 1 In Procem. yours (to it) but Straw? How dare you than against Preachers portions stutter? Your Clownish CUSTOM thus away we kick; Hoc, ab initio non fuit sic. If all this cannot yet reclaim your Error (Which doth the Tenth to jewish Temple bind, Leaving the Christian, free:) then (to your terror) A heavy Doom you in this Book shall find. Acknowledge then, our Tithes divinely * jure divine. due: To circumcise us thus, you play the jew. S. N. Theol. Oxon. A Prophetical Complaint to God, against Church-Pirates and Usurpers. PSAL. 80.13, 14. The wild Boar out of the Wood, doth root it up: and the wild Beast of the Field doth devour it. Turn thee again thou GOD of Hosts, look down from Heaven; behold, and visit this Vine. The Church's Tears. LAMENTAT. 1.16. For these things I weep, mine eye, mine eye runneth down with water, because the Comforter that should relieve my Soul is fare from me: my Children are desolate, because the Enemy prevailed. VIVAT CHRISTUS: PEREAT BARRABAS. Operarum Errata. Page 2. l. 23. read thrust. p. 10. l. 18. r. Code. p. 23. l. 17. r. Pastors. p 27. l. 17. f. a Mongrel and r. an (deal reliqua) p 33. l. 18. r. all good Institution. p. 34. l. 4. r. parricida p. 44. l. 10. r. God. p. 45 l. 7. r. throughout the World. p. 48. l. 10. r. suffered not. p. 55. l 9 r. Magistrates. Lectori malè-feriato & Nugipolyloquidi. Road caper vites; tamen hìc cum flabis ad arras, In tua quod fundi cornua possit, erit.