De non temerandis Ecclesiis. A TRACT OF THE RIGHTS AND RESPECT DUE Unto Churches. Written to a Gentleman, who having an Appropriate Parsonage, employed the Church to profane uses, and left the Parishioners uncertainly provided of divine service, in a parish near there adjoining.  
The second Edition enlarged with an Appendix.  
By Sr. HENRY SPELMAN Knight.  
AT LONDON Imprinted by JOHN BEALE, and are to be sold by William Welby. 1616.   

DEO & ECCLESIAE.  ACT. 28. 24. 
Some were persuaded with the things that were spoken, and some believed not.   

The Printer to the READER.  
THis small Tract, now above two years past, was by me printed for that worthy Knight the Author thereof, with no intent to have it published: and being hitherto by me suppressed from reprinting here at home; I find it to be of late time printed in Scotland (contrary both to the Authors and my expectation) and Dedicated by another man to the Bishops and Clergy there, and so made more public, being of itself private, then was first intended: which (I suppose) had the Author known, or once misdoubted the sequel, instead of De non temerandis Ecclesiis, he would have studied another Title, De non temerandis Scriptis alienis: that his writings might not be impropriated, when Benefices are made proper. Wherefore finding many st●ps in 〈◊〉 from his copy, I have (as well in the right of the Author as of myself to whom the right of the sole Printing belonged) caused it to be reprinted. And though at th● time of the putting it to the Press, I could not confer with the Author, he being then in the Country, yet hath it pleased him since his coming home, to add something more unto it, as his leisure would permit him; which I have annexed to the end thereof. And thus have I attempted to make a private work public, lest the faults of other men, should unjustly he cast upon him, that deserved so well in so rare an Argument.  
Farewell.   

To the Reader.  
ALL the vessels of the King's house, are not gold, or, silver, or for uses of Honour. Some be common stuff, & for mean services: yet profitable. Of the first sort, I am sure this Tract is not. Whether of the other or no; I leave that to thy judgement. To deal plainly; myself have no great opinion of it; as finding mine own imperfections and writing it only upon a private occasion to a private friend, without curious observation of matter or method. But having also written a greater work (much of the same Argument) and intending to publish, or suppress it, as I see cause: I thought it not unfit (upon some encouragement) to send this forth (like a Pinnace or Post of Advice) to make a discovery of the Coast, before I adventure my greater Ship. If I receive good advertisement, I shall grow the bolder. Howsoever, take this I pray thee, as it is: and let my zeal to the cause, excuse me in meddling with matters beyond my strength.  
H. S.   

A Letter, showing the occasion of this Treatise.  
To the worshipful his most loving uncle, FR: SA. etc.  
MY good Uncle, the speeches that passed casually between us at our last parting, have run often since in my mind; and so (perhaps) have they done in yours. You complained (as God would have it) that you were much crossed in the building you were in hand with, upon a piece of glebe of your Appropriate Parsonage at Congham. I answered, that I thought God was not pleased with it, insomuch as it tended to the defrauding of the Church, adding (amongst some other words) that I held it utterly unlawful to keep Appropriate Parsonages from the Church, etc.  
But our talk proceeding, I perceived that as God had always his portion in your heart, so in this, though it concerned your profit, you seemed tractable. It much rejoiced me, and therefore apprehending the occasion, I will be bold to add a continuance to that happy motion: (so I trust, both you and I, shall have cause to term it) and beside, to give you some tribute of the love and duty I long have aught you. Therefore (good uncle) as your heart hath happily conceived these blessed sparks, so in the name and blessing of God, cherish and inflame them. No doubt they are kindled from heaven, like the fire of the Altar, and are sent unto you from God himself, to be a light to you in your old days (when your bodily eyes fail you) to guide your feet into the way of peace, that is, the way & place from whence they came. So always I pray for you, and rest,  
Westmin. Aug. 17. 1613. Your loving and faithful Nephew, HENRY SPELMAN.   

Errata.  
Pag. 1 ●. line 5. read, all his goods. p. 60. 1. r. concur. p. 124 l. 11. r. Therefore he that enlarged the Terms of the Law (first set forth by john Rassall) also. p▪ 145. l. 14. r. supple. p. 178, ●. 8. 1. 〈…〉 p. 175. l. 21. r. King's Edition.   

De non temerandis ECCLESIIS.  
OF THE Rights and respect due unto the Church.  
IN SOmuch as the rights & Duties that belong to our Churches are in effect contained under the name of a Rectory or Parsonage: I will first define, what I conceive a Rectory or Parsonage to be, according to the usual form and manner thereof.  
A Rectory or Parsonage, 
A Rectory what it is.  is a 
a Ploughed. Comment in Quare Impedit per Grendom, etc.  Spiritual living, composed of Land, Tithe, and other 
b Oblatio est omne quod exhibetur in cultu Dei, Tho. Aq. 22. q. 85. 3. 3. etc. 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 & Civilians expound them, Concil. Aurel. ca 7. Burcha. lib. 3. ca 129. & 143. Et Lex. jurid. in verb. oblatio.  Oblations of the people, 
c Leuit. 27. 28.  separate or dedicate to God in any Congregation, for the 
d Touching divine worship and works of charity.  service of his Church there, and for the maintenance of the Governor or Minister thereof, to whose charge the same is committed.  
By this definition it appears, that the ordinary living or revenue of a Parsonage, is of 3 sorts: the one in Land, commonly called the Glebe: another in Tithe, which is a set and regular part of our goods rendered to God. the third, in other offerings and oblations bestowed upon God and his Church, by the people, either in such arbitrable proportion as their own devotion moveth them, or as the laws or customs of particular places do require them.  
2 Though I invert order a little, 
Tithes how due.  I will first speak of Tithes, because it is Gods ancient demain, and the nobler part of this his inheritance, founded primarily, upon the Law of nature, (as the other be also after their manner.) For the Law of Nature teacheth us that God is to be honoured: and that the honour due unto him, cannot be performed without Ministers, nor the Ministers attend their function without maintenance. And therefore seeing God is the supreme Lord and possessor of all, 
Gen. 14. 19  and giveth all things unto us that we are maintained with, it is our duty, both in point of justice and Gratuity, to render something back again unto him, as acknowledging this his supremacy and bounty; as honouring him for his goodness; as a testimony of the worship, love, and service we owe him; and lastly, as a means whereby these duties and services may be performed to him. This, I say, the very Law of Nature teacheth us to do: and this the Law of GOD requireth also at our hands: but what the set portion of our goods should be, that thus we ought to render back unto God, I cannot say the Law of 
a Yet there be divers natural reasons that commend this number (for this purpose) above other.  Nature hath determined that. But the wisdom of all the Nations of the World, the practice of all Ages, the example of the patriarchs 
b Gen. 14. 20.  ABRAHAM and 
c Gen. 28. 22.  JACOB, the 
d Levitticus 27. 30. and 32. Deut. 12. 6, & 11. Mallachy 3. 10.  approbation and commandment of Almighty GOD himself, and the constant 
e Declared by the Fathers and Counsels.  resolution of his CHURCH universally, hath taught & prescribed us to render unto him the Tenth part: and that this Tenth part or Tithe, being thus assigned unto him, leaveth now to be of the nature of the other nine parts (which are given us for our worldly necessities) and becometh as a thing dedicate & appropriate unto God. For it is said, Leuit. 27. 30. All the tithe of the land, both of the seed of the ground, and of the fruit of the trees, is the Lords: yea more than so, It is holy unto the Lord. And again (verse 32.) Every Tithe of bullock, and Sheep, and of all that goeth under the rod, the tenth shall be holy unto the Lord. He saith, holy unto the Lord; not that they were like the sanctified things of the Temple, which none might touch but the Anointed Priests) but Holy and separate from the use and injury of secular persons, and to be disposed only, to and for the peculiar service and peculiar Servants of God. And therefore in the 28. verse, it is said, to be separate from the common use, because it is separate, and set apart unto the Lord.  
3 But some happily will say, 
Tithes originally not Levitical.  that this use of Tithing rises out of the Levitical Law, and so ended with it.  
I answer, that it was received and practised by Abraham, and 
a jacob voweth to give tithes Gen. 28. 22. And joseph showeth he performeth his vow. Antiquit. lib. 1. cap. 27.  jacob divers hundred years before it came to the Levites. For it is said that Abraham gave tithe to Melchisedeck, Gen. 14. 20. And that Levy himself paid tithe also in the loins of Abraham, Heb. 7. 9 Melchisedecke was the image of CHRST, and his Church; Abraham of the congregation of the Faithful. Therefore though Levy received tithes afterward, by a particular grant from GOD, for the time: yet now he paid them generally with the congregation, in the loins of Abram unto the Priesthood of Christ, here personated by Melchisedeck: which being perpetual, & an image of this of the Gospel, may well note unto us, that this duty of Tithe, ought also to be perpetual. And therefore 
b Hom. 35. in Gen.  Chrysostome saith: that Abraham herein was OUR tutor: not the tutor of the jews. And in somuch as Abraham paid it not to a Priest that offered a Levitical Sacrifice of Bullocks and Goats: but to him that gave the Elements of the Sacrament of the Gospel, 
c The Scripture only mentioneth Bread and wine to be given by Melchisedeck to Abraham: But josephus showeth, that he gave him also divers other rich gifts. Antiquit. lib. 1. cap. 18.  bread and wine: it may also well intimate unto us, to what kind of Priest we are to pay our tithes: namely, to him that ministereth unto us the Sacrament of bread and wine, which are only those of the Gospel, and not the Levitical Priests. So that our tithe paid in this kind, cannot be said Levitical: as also for that the Levitical tithes, were only of things 
d Leuit. 37. 30, & 3●.  renewing and increasing: whereas Abraham and jacob paid them of all: as if they had followed the commandment of the Apostle; Let him that is taught in the Word, make him that hath taught him part taker of 
c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  AL. Gal▪ 6. 6.  
God also requireth this duty of tithe by his own mouth, as of old belonging unto him, before the Levites were called to the service of the Tabernacle: and before they were named in Scripture. For they are not named till Exodus. 38. 21. And it is said in Exodus 22. 29. Thine abundance of thy liquor shalt thou not keep back: meaning Tithes and first fruits, and therefore Jerome doubteth not so to translate it; Thy Tithes and first Fruits shalt thou not keep back. And in this manner of speech, the word Keep back, showeth that it was a thing formerly due unto GOD: for we cannot say, that any thing is kept back, or withholden that was not due before. Therefore we find no original commondement of giving tithe unto GOD: but upon the first mentioning of them in Leviticus, they are positively declared to be His, as a part of His Crown, and ancient demain; for it is there said, Cap. 27. 30. All the tithe of the Land is the Lords. And Moses commandeth not the people a new thing: but declareth the Right that of old belonged to GOD: namely, that All the tithes of the land was his.  
Other phrases of Scripture do confirm this; for afterward when tithes came to be assigned to the Levites: God doth not say, The children of Israel shall give their tithes to the Levites▪ but he saith, Behold I have given them to the Levites. 
Num. 18. 21, 24, & 26.  And continuing this his claim unto them, against those that many hundred years after disseised him of them: he complaineth, Malachy. 3. 8. That they that withheld their tithes from the Levites, spoiled him himself.  
But having handled this argument more largely in a greater work: I will hear close it up with opposing against these kinds of Adversaries, not only the reverend authority of of those ancient and most honourable Pillars of the Church. SS. 
a Ambros. in Serm. quadrages.  Ambrose, 
b August. in Serm. de temp. 1●9. & alias.  Augustine, 
c Hieron. in Mala. 3.  Hierome, and 
d Chrysost. in Epist. ad Heb. Hom. 12. & Hom. 35. in. Gen.  Chysostome, (who though they run violently with Saint Paul, against such ceremonies, as they conceived to to be Levitical; yet when they come to speak of Tithes, admit, maintain, and command the use thereof:) But also the resolution of many ancient 
e Roman. Concil. 4. Aurelian. 1. Tarracon. sub Horm. Mediomatricis. toletanum Agrippin. cap. 6. Hispalens. Mont●s. concus. 2. Valentinum sub Leone 4 Rothomag. cap 3. Cauall●n cap. ●8. Maguntin. cap. 10.  Counsels and a multitude of other 
f Origen, Tertullian, Cyprian, Gregory, etc.  Fathers & Doctors of the Church in their seu●rall ages: all of them concurring in opinion, that Tithes belong justly unto GOD; and many of them commanding all men even upon peril of their souls not to withhold them: which Argument S. Augustin himself pathetically maintaineth, 
See this Sermon in the end of this book.  in a particular Sermon of his to this purpose. And though it be a great question among the learned, whether they be du● in queta part, iure divino (which requireth a larger discourse) yet I never read of many that impugned them absolutely. 
Glaber. Hist. lib. 2▪ ca 11.  Lieutardus, who lived about 1000 years after Christ, taught the payment of them to be superfluous and idle, and then growing desperate, drowned himself, as it were to give us a badge of this Doctrine.  
4 Touching oblations and offerings. 
Of Oblations & offerings.  The Fathers under 
a Vrban. Epist. circiter Anno. Christi 227.  this name accounted all things, that were given or dedicated to the service of God. And in the first ages of Christian religion (after the great persecutions) the Church by this means began so to abound in riches, that the good Emperors 
b Constantine & Valentinian made laws that rich men which were able to support the charges of the Commonwealth: should not be admitted into religious houses▪ because their poss●ssions and goods were thereby a mortized.  themselves, were constrained to make laws (not unlike our statutes of Mortemaine) to restrain the excess thereof: for fear of impoverishing their temporal estate In those days, many Churches had Treasuries for keeping these oblations (as the Storehouses at Jerusalem, appointed by 
c 2 Chron. 31. 11.  Hezechias, for the Temple) but the succeeding Ages, contracted them into Chests: and in these later times, the Parson's pocket may well enough contain them. I shall not need. therefore, to spend many words in a small matter: for all the Oblations now in use, are in effect the twopenny Easter Offerings, and a few other such like: which because the owners of Appropriate Parsonages shall not ignorantly convert unto their own benefit: I will show them why they were paid, and why they have them.  
Saint Paul ordained in the churches of Galatia & Corinth, that every one upon the Lord's day should yield somewhat to God for the Saints. 1, Cor. 16. ●▪  
● But this (being once a weeek) came too thick & too often about. Therefore in 
d Tertullian in Apologetico.  Tertullians' time the use was to do it monthly, and (at last) at pleasure. But it was ever the ancient use of the Primitive Church (as appeareth by 
e justinius in Apol. 2. Hist. Ecles.  Justin & Cyprian) that al● that come to the holy Communion, did according to their abilities, offer something of their substance to God, for charitable uses and maintenance of the Ministers. Therefore 
f Sermone 1, de Eleemosymis.  Cyprian sharply taxeth a rich Matron, that received the Communion, and offered nothing. Locuples & dives & dominicum celebrare te credis, quae 
g He calleth the treasury Corban, of that at the Temple of Jerusalem.  Corban omnino non respicis etc. What? (saith he) art thou able and rich? and dost thou think that thou celebratest the Lord's Supper, which bringest nothing to the Treasury? So (Irenaeus saith) 
h Novi Testamenti novam docuit (filz. Christ●us) oblationem: quam Ecclesia ab Apostolis accipiens in universo mundo offered Deo: ei qui alimenta nobis prestat. primitias suorum muncrum in novo testamento.  That it was the use of the Church through the world in his time, and received from the Apostles; to offer something of the blessings that they lived by, as the first fruits thereof, to him that gave these things unto them. Which 
i Vide Zanchium lib. 1. de culm Dei externo.  Zanchius understandeth to be meant of offerings at the Communion: given to holy uses, and for relief of the poor of the Church: commending it for an excellent custom, and complaining that it is now discontinued. But to this end, and in imitation hereof, are our Easter and Communion offerings (as also those, at, & for christenings, Burials, etc. which I will not now speak 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 houses, belonging to Parsonages (which I would have called Gods fixed inheritance, but that I see it is movable:) I cannot say that they are Gods ancient domains, in the same form that tithes are, and as our Clergy enjoyeth them, but the warrant and ground thereof, riseth out of the word of God, who not only gave us a precedent thereof, when he appointed Cities for the Levites to dwell in, with a convenient circuit of fields for the maintenance of their cattle, Num. 35. 2, etc. but commanded also the Children of Israel (and in them all the Nations of the world:) that in division of their land, they should offer an oblation to the Lord, an holy portion of the Land for the Priest to dwell on, and to build the house of GOD upon: Ezeck 45. 1, & 4. So that the houses and lands that our Ancestors have dedicated to God in this manner, for the Churches and Ministers of this time: are now also his right and just inheritance, as well as those which the Israelites assigned for the house of God, and Levites of that time▪ and cometh upon the same reason and in am thereof. But because it is uncertain when and how they were brought into the Church, I will say something touching that point.  
In the time of the Apostles the use was (as appeareth Acts 2. 45. & Acts 4. 34, & 35.) to sell their lands, 
How lands came to the Churches.  and bring the money only, to the Apostles. For the Church being then in persecution, and the Apostles not to remain in any particular place, but to wander all over the world, for preaching the Gospel: they could not possess immovable inheritances: and therefore received only the money they were sold for, distributing it as occasion served. But after when the church obtained a little rest, & began to be settled: 
a It appeareth by the Epistles of Pius and Vrban who lived about the year of Christ 230. that the Church of Rome had then begun to retain lands in this manner upon this reason, & it may well be, for that Origen & Eusebius show, that Churches had then possessions.  it found much casualty in pecuniary contributions, and choosed therefore rather to retain the Lands themselves, given for the maintenance of God's Priests and Ministers: then (by suffering the same to be sold) to furnish the time present with abundance, and leave the future time to hazard and uncertainty. Hereupon the Fathers in the 
b Edicta Constantini & Lucinij Impp. Eus. lib. 10. ca 5.  Primitive Church, as well before Constantine (as appeareth by his own Edicts, and by 
c Origen speaketh of rents of the Church: Hom. 31 in Mat.  Origen 
d Eusebius of an house belonging to the Church of Antioch that Paulus Samosatenus in the time of Aurelianus the Emperor (about 30 years before Constantine) wrongfully invaded: Lib. 7. cap. 24.  Eusebius, and the Epistles of 
e &  Pius, and 
f Read the note (ᵃ) next afote.  Vrban) as after: began to accept & retain the lands thus given, and to leave them over to their successors for a perpetual Dowry of the Church. And this upon experience was found to be so godly and worthy a course, that it not only received the applause of all succeeding ages: But commendeth for ever unto us their temperance, in desiring no more than for present necessity, their zeal in providing for posterity, and their great wisdom, (or rather, Prophetical spirit) which foresaw so long before hand that, devotion though it were 〈◊〉 at one time hot & fervent, yet, at another it might be cold enough: and therefore when time served, they would by this means provide that the Church for ever, should have of her own, to maintain herself wi●hall. Upon this ensued many godly provisions for endowment of Churches, and for annexing their livings so unto them, as neither the variety of time, nor the impiety of man (if it were possible) should ever have divorced them; as appear by a multitude of ancient Counsels, Canons, Statutes, and decrees of the 
g Synod. Roman. sub Symacho. 103. Episcoporun circiter An. Christ. 503. tota contra invasores Ecclesiarun. Concil. Aurelianens. 4. Ann. 543. c. 19 & 34. Conc. Meldeus. ca 5. Burch. lib. 11. cap. 16. Concil. Gangrenes. cap. 8. Bur. lib. 11. cap. 20. Concil. Mogunt. cap. 3. 6. 7. & plurima alia.  Church, 
h See the two edicts of Constantine and Licinius Empp. Euseb. lib. 10. cap. 5. And the laws of Constant: Theodos: just: Carol: Magn: and many other.  Emperors, and 
i To pass over foreign Princes, our own in former times have almost successively confirmed them.  Princes, to that purpose. Therefore whilst the world burned so with that sacred fire of devotion, towards the advancement of the glory of God: that every man desired to sanctify his hand, in the building of Churches, lest such holy monuments for want of due maintenance, should (in process of time) become, either contemptible, or unprofitable. It was at length ordained, in 
k Si quis in agro suo, aut habet, aut postulat habore dioecefim primum & terras ei deputet sufficienter, & clericos: qui ibidem sua officia impleant, ut sacratis locis reverentia condigna tribuatur. Aur. Conc. c. 23. in Conc. Tom. 2. ubi nota quod dioecesis accipitur pro libertate condendi oratoria vel Ecclesias, itaque in argumento huius capituli oratorium exponitur.  Aurel. Concil. 4. (An. 545.) cap. 33. And 
l Tom. concil. 1.  Concil. Valentin. (An. 855.) cap. 9 That, whosoever builded a Church, should assign unto it a 
* Coloniam vestitam.  Plough-land, furnished for the maintenance of the Parson thereof. By virtue of these Counsels (as I take it) were the Founders of Churches in France first compelled to assure livings to those Churches. And it was also provided by the third Council of 
m Concil. Tolet. 3. cap. 15.  Toledo in Spain, that no Bishop might consecrate any Church, till sufficient maintenance (which 
n Chrysost. hom 18. in Acta.  Chrysostome calleth the Dowry of the Bride) were assigned to it.  
But because these were foreign, and Provincial Counsels, not General: they bound not our Country, otherwise then by doctrine and example. Therefore it was here decreed afterward, to the same effect in a 
o Syn. Lond. ca 16. Antiq. Britan. ca 34.  Synod at London under Anselm Archbishop of Canterbury, Anno Domini 1105. H. 1. 3. And though the Laws of our Church began then first (as far as I yet can find) to constrain our Countrymen to give Endowments to the Churches that they builded; yet we were taught before (by the Custom and Example of our precedent Ancestors, as well, as by our duty, out of the word of God, to do the same▪ as appeareth by many Precedents, whereof I will only allege one, (but above others, that most famous) of 
* Alias Adulphus:  ETHELWULPHUS King of West-Saxony, who (in the year of our Lord 855) as 
p I●gulf. in Hist. Croil.  Ingulphus Saxo, and 
q Sim. Dumelm. cita. Antiquit. Brit. cap. 27  Simeon Dumelmens'. report, by the advice and agreement of all his Bishops and Nobility: Gave, not only the tithe of the goods, but the 
r Deciviam mansionem ubi mininum sit.  tenth part of the Land through his Kingdom for ever, to God and the Churches, free from all secular services, taxations, and impositions whatsoever. In which kind of religious magnificence, as our succeeding Kings have also abounded: so have they from 
s As appeareth in their several laws, and namely 15 times in Edw. 3. reign.  time to time, as well by Parliament Laws, as by their Royal Charters, confirmed these and other the Rights of the Church, with many solemn 
t See the Stat. of 25. Edw. 1. in Rastals' Abridgement tit. Confirmat. 3. And Sententia lata supper Chartas. And Pupilla ocult par. 5. c. 22.  vows and impreceations against all that should ever attempt to violate the same. Therefore if these things had not been primarily due unto God by the rule of his word, yet are they now His, and separate from us, by the voluntary gift and dedication of our ancient Kings and Predecessors: as was the 
u Nelis. 10. 32.  tribute of a third part of a shekel, which Nehemiah and the jews, out of their free bounty, covenanted yearly to give unto God for the service of his house. For, as Saint Peter 
x Acts. 5. 4.  saith to Ananias: Whilst these things remained, they appertained unto us, and were in our own power▪ but now, when we have not only vowed them, but delivered them over into the hands and possession of Almighty God (and that, not for superstitious and idle orders, but merely for the maintenance of his public divine worship, & the Ministers thereof (they are not now arbitrable, nor to be revoked by us, to the detriment of the Church.  
6 Churches being erected and endowed: 
Churches and their livings dedicate to God.  they and their livings, were (as I say) dedicated unto God. First, by the solemn vow and oblation of the Founders: then by the solemn act of the Bishop, who to separate these things from secular & profane employments, not only ratified the vow and oblation of the Patron or Founders: but consecrated also the Church itself: using therein great devotion, many blessings, prayers, works of charity, and some Ceremony, for sanctifying the same to divine uses. Therefore also have the ancient 
a See the 6. Syn. Rom. of 103 Bishops (above 1000 years since) wholly against violaters of Churches & Church-rights. And see many other to this purpose. Burchar. lib. 11.  Counsels added many fearful curses against all such as should either violate it, or the Rights thereof.  
This consecration, Master 
a Demonst. Problem. tit. Templum sect. 3.  Perkins calleth a Dedication, but confesseth it to have been in use in this manner, about the year of Christ 300. (which is within the time of the Primitive Church) only he admitteth not, that it was then performed with Ceremony and the sign of the Cross; which here I will not stand upon, nor to show the greater antiquity thereof, (though I think it may well be proved.) 
In Epist. ad Constant. Imp.  For Athanasius being in those days accused by the Arians, of ministering the Communion in a Church not consecrated, excused himself to have done it upon necessity. And 
a Histor. 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 (than likewise) commanded, all those that were at the Council of Fyrus, should come to 
* Jerusalem.  Aelia: and that others should be assembled from all parts, for 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. i. consecrare.  Consecration of the Churches, builded by him. Which showeth it to be so notorious and general an use at that time, and to have such universal approbation; as it could not, but have a root also from elder ages, though there cannot be many precedents found thereof, for that the Christians being then in persecution, might hardly build, or dedicate any Churches, but were constrained to use private houses, and solitary places for their assemblies. Yet, even those houses, had (as it seemeth) some consecration, for they were most commonly called 
* Euseb. 〈◊〉 orat. de laudib. Constant.  aedes sacrae, Holy houses, & have left that name, (to this day) amongst us, for our Churches, as a testimony of their sanctification, whereof I shall speak more anon. 
Ibideus.  * Eusebius also saith: that insomuch as the Holy houses and Temples of that time, were thus Dedicated and Consecrated unto God, the universal Lord of all: therefore they received his name, & were called in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (in Latin, Dominica) the Lords houses: Which name, saith he, was not imporsed. upon them by man: but by himself only, that is Lord of all. Of this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, cometh the Saxon word Cyric or Kyrk: and (by adding a double aspiration to it) our usual word church or Church, as it were to put us ever in mind, whose these Houses are: namely, the Lords houses: like that, which JACOB dedicating unto GOD, called (Bethel:) that is, 
Gen. 28. 22.  the house of God.  
But both Church and Church-livings were thus solemnly delivered into God's possession; and therefore all ages, Counsels and Fathers (that ever I yet have met with) account them holy and inviolable things. And hereupon they are termed, 
Chrys. hom. 18. in Act. Concil. Mogunt. ca 7.  Patrimonium Christi, Does Ecclesiae, Does sponsae Christi, and Sacrata possessio, or Praedium sanctum. For, Every thing that a man doth separate unto the Lord from the common use, whether it be man, or beast, or Land of his Inheritance, it is Holy to the Lord: Leuit. 27. 28. And in what sort I understand the word Holy, I have 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 give these things unto God▪ so the very same Law, also taught them that it was sacrilege and impiety to pull them back again: yea, the very heathen, counted the things thus severed unto their gods: to be Sancta & inviolanda. And Saint Augustine expoundeth, Sanctum illud esse, quod violare nefas est. It is execrable wickedness, 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 famine. The very Barbarous Nations of the world, even by the instinct of nature, abhorred this impiety Diodorus Siculus noteth of the Gauls, 
Biblioth. hist. lib. 5.  that though they were a people, above all others most covetous of gold: yet having abundance thereof, scattered in all parts of their Temples, to the honour of their gods: none was found so wicked amongst them, as to meddle with any of it. I could allege a multitude of Heathen stories to this purpose. But I will not weave the woollen yearn of the Gentiles, into the fine linen garments of the Christians; I mean, I will not mingle profane arguments, in a discourse of Christian piety For the sheep that are of the fold of Christ, are tied only to hear his voice, and to follow that, 
john 10. 3.  which if they do not, they are thereby known to be Goats, and not of his fold.  
8 The cause why I touched upon this one heathen Example, 
How fearful a thing it is to violate the Church.  is to aggravate the manifold sins of us Christians, in this point. For if they that knew not God, were so zealous of the glory of their Idols: how much more is it to our condemnation, if we that know him, do less regard him? If it go hard with Tyrus and Sydon in the day of judgement that sinned ignorantly; how much harder will it be with Corasin and Bethsaida that sin presumptuously: Especially with Capernaum that despiseth her Lord God and Master, jesus Christ him. self? What is to despise him; if to rob him of his honour, be not despise him? Or what is to rob him of honour, if to take from him the things given him for maintenance thereof, be not to rob him? Therefore when the children of Israel withheld their tithes & offerings from the Levites, he crieth out in Malachy 3. 8. That himself was robbed and spoiled: and was so highly offended therewith, that he cursed the whole Nation for it. And to make this sin appear the more monstrous, he convinceth the offenders therein: not only to be violaters of his Legal ordinances, but even of the very law of Nature, written in the heart of every man. For, saith he, Will any man spoil his gods? As if he should say: Can such a man be found as will, or dares commit that sin, that all the Nations of the world, even by the instinct of nature, account to be so horrible and impious? To spoil his gods: what his own gods? Some were found, that now and then adventured to spoil the gods of other Nations (yet not without punishment) but few or none that I read of (till these latter days) that spoilt their own gods, in apparent and overt manner, as the Lawyers term it. I count it not overt and apparent, when we do as Ananias and Saphira did: pinch & detract from God, somewhat of that we vowed to give: Nor, when we do as the children of Israel here did; withhold that which we ought to pay out of our own goods (yet both these were heinous sinners, and dreadfully punished.) But I call it overt & apparent, when we throw ourselves into a more dangerous sin, by invading openly the devotions of other men, and taking that from God and from his Church, 
2. Chron. 24. vers. 7.  (as Athalia did) which we never gave unto it, even the lands and livings thereof: yea, the Churches themselves.  
8 Doubtless we have much to fear in this point: 
David's zeal for the house of God.  For as it is a transcendent sin; so David labouring to match it with a transcendent punishment, bestoweth a whole Psalm, (viz. the 
* This Psalm is alleged to this purpose by Lucius (who was martyred about An. Chr. 255.) in his epistle to the Bishops of Gallia and Spain. Tom. Council 1.  83.) in inveighing particularly against these kind of sinners▪ such (expressly) as would take to themselves the houses of God in possession; for that only is the very centre of the Psalm, and therein do all the lines and projections of the Prophet's invectives, incurre. First he maketh a flat opposition between God and them: and therefore calleth them his enemies. Then he describeth the nature of these kind of enemies: namely, that they are murmuring enemies, as grudging, and envying at the prosperity of the Church: Malicious enemies: as hating, or hurting the service of God. Proud enemies, as lifting up their heads against God: ver. 2. Crafty enemies; as imagining how to beguile the Church. Conspiring enemies; as taking Counsel together against God's secret ones (as the Prophet calleth them) that is, God's servants & Ministers: ver. 3. And lastly, Confederate enemies: as combining them selves one by example of another, to persevere in their course of wronging and violating the Church: vers. 5. Yet for all this, those against whom the Prophet thus enueigheth, did not that they desired▪ They discovered their malicious purpose by word of mouth, saying: Let us take to ourselves the houses of God in possession. But they only said it, they did it not. Their will was good, but their power failed. Our will and power have both prevailed: for we have got the houses of God into our possession: His Churches, his lands, his offerings, his holy rights. We have gotten them, and led them away captive, bound in chains of iron: that is, so conveyed and assured unto us, by Deed, by Fine, by Act of Parliament, as if they never should return again unto the Church. But hear what David saith to those of his time. Mark how he prayeth for them. Mark what strange and exquisite punishments he designeth to them: and that in as many several all sorts, as there are several branches in this kind of sin.  
First, he prayeth, that God would deal with them, as he did with the Madianites: vers. 9 That is, that as Geaeon by Trumpets and Lamps, struck such a terror in the night time, into the hearts of the Madianites, that the whole army fell into confusion, drew their swords one upon another, were discomfited and 120 thousand of them slain. So that God by his trumpets, the Preachers of his word, by his Lamps, which is, the light of the Gospel, would confound in like manner, the enemies and spoilers of his Church, that sleep in the night of their sin: And that he would make them like Oreb, and Zeb, like Zeba and Salmana: verse 11. All which were strangely overthrown, died violent deaths, and being glorious Princes of their nations, became like the filthy & loathsome Dung of the earth: verse. 10. And judges ●. 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 wheel. verse. 13. that is, wavering and unstable in their actions: so as they may never bring their purposes to an end. Yea, make them abject and contemptible; like the chaff that the wind scattereth from the face of the earth: verse. 13. Well, is he now satisfied? no. All this doth but whet his spirits to sharper imprecations. He now desireth that the very floudgates of God's wrath may be broken open upon them; and that the tempest of his indignation may rage at full against them: now he crieth out to God to consume them without mercy, yea and that in two terrible manners. One naturally, As the fire burneth up the wood. The other miraculously, As the flame censumeth the mountains: vers. 14. Persecute them even so, (saith he) with thy tempest, and make them afraid with thy storm. Make their faces ashamed, O Lord, that they may seek thy name. Let them be confounded and vexed ever more and more, let them be put to shame and perish: verse. 15, 16, 17. How should the wit of man discover and prosecute a sin in more vehement and horrible manner? Or, what shall make us to abstain from such haughty sins? if all this prevail not. Well, if to take the houses of God into possession, be thus? take them that will for me.  
9 You see how David in this his sacred fury, 
The zeal of our Saviour to the house of God.  was admirably carried against this sin. Well therefore might he say: 
And of the parts of the Temple.  The zeal of thine house hath eaten me up: Psal. 69. 9 Yet, he spoke it not of himself alone: but in the person also of our Saviour jesus Christ; who in prosecution of David's zeal, did that in this case; that he never did at any time else in all his life. In all other cases he showed himself like the Paschal Lamb, that every body did eat and devours at pleasure; and like the sheep that was dumb before the shearer, even when his very life was taken from him. But when he saw the golden fleece to be taken from the house of God: that is, when he saw the Church his beloved spouse, deprived and spoiled of the honour, reverence, duty and ornament, that belonged to her: Then, as David did, he groweth into a sacred fury; he leaveth the mildness of the Paschal Lamb, and taketh upon him the fierceness of the Lion of juda. Then he beginneth to bestir him, and to lay about him. He whippeth out them that profaned it; driveth out their sheep & their oxen, though they were for the sacrifice: and overthroweth the table of the money changers: 
Mat. 21. 12  john 2. 14. 
Mar. 11. 17.  He would by no means endure such trumtrumpery 
Luke. 19 45.  to be in his Father's house, nor his Father's house to made an house of Merchandise: but, much less then, that merchandise should be made of his Father's house itself. O fearful and most inhuman sin, horresco referrens.  
But ere I depart from this place of Scripture; let me note one thing more out of it, for the greater reverence of Churches: that although our Lord be here said, to have cast these things out of the Temple; yet, in truth, they were not in the Temple itself, but in the outward court or yard thereof. For within the inward parts of the Temple, (namely, the first, and second Tabernacles) did no man enter, but the Levite Priests: 
Num. 18. 5.  and of them also, 
Ebr. 9 2, 3, 4, 5, etc.  none into the second Tabernacle, but the High Priest. Therefore, although our Saviour Christ, were a Priest for ever after the order of Melchisedeck: yet because he was not a Priest of Levy: but of the Tribe of Juda (of which Tribe Moses spoke nothing touching the Priesthood: Heb. 7. 14.) I take it, that 
a Christ came to fulfil the Law, & not to break it. Therefore (doubtless) he observed the rules thereof, and the quality of his Tribe.  he never came within these parts of the Temple: nor where the sacrifice was, but frequented only 
b See the form of the Temple in Arias Montaiu: Antiquitat. judaic. lib. Aricl. and in the Geneva Bible, 1. King. cap. 6. and mark well both it, and the notes upon it; for I find them (above others) most agreeable to the Scriptures, and rely not upon the figure of the Temple in Adricomues, without good examination; for I perceive he hath misplaced somethings therein.  Atrium populi, the outward court from the Temple. For into this only, the 
c See the note (a) among the notes aforesaid.  people resorted: to worship, pray, and hear the word of God expounded, not pressing further towards the Temple: and in the midst whereof (the 
d 2. Chron. 6. 13.  brazen stage which Solomon prayed upon) was erected. Yet, this very place, this court, or outward yard, would not our Saviour permit to be profaned; neither with market matters, nor with carrying so much as a burden or vessel through it: Mark. 11. 16: For though it were not so Levetically 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 alleged: And Acts 3. 2, 3. By which reason the very Churchyards themselves (being Dedicated with the Churches, and the principal soil thereof: 
Stat. Ne Rectores prosternant arbores in Cimiterio.  as an old Statute witnesseth) seem also to have in them a certain kind of Sanctification: and are not therefore to be abused to secular and base employments: as not only the Ancient Fathers, by the Canons of the Church: but the present Laws of the Land, have well provided for them.  
10 But some will say, that the sanctification of the Temple was Levitical, 
More of that matter: and how far the sanctification of the Temple is abo.  and therefore abolished, and not to be applied to our Churches. I answer, the Temple was sanctified lished: or remaineth to our Churches. unto three functions; which also had three several places assigned to them. The first, belonged to the Divine presence; & had the custody of the Holiest types thereof; the Oracle, the Ark, the mercy-seat, etc. and was therefore called Sanctum Sanctorum, or the Holiest of all. The second, was for ceremonial worship & atonement: namely, by sacrifice, oblations, and other Levitical rites: the place thereof being the the Sanctuary, (wherein were the Holy vessels) and the Court of Priests, wherein the Altar of burnt sacrifice did stand. The third, was for simple worship, prayer, and doctrine (without any pomp or ceremony:) and the place of this, was the outward Court, (called, 
* 1. Chr. 4. 9 & 6. 12.  Atrium populi, and 
* Acts 31. 1.  Salomon's porich;) which therefore had in it no Ceremonial implement at all.  
The two first of these functions, with the places belonging to them; were indeed particularly appropriate to the Law. For, they were Ceremonial, Mystical, Secret, Levitical, judaical, and Temporall-Ceremoniall, as celebrated with much worldly pomp. Mystical, as figurating some spiritual things. Secret; as either performed behind the Veil or Curtain: or else sequestered & romote from the people. Levitical; as committed only to the administration; of that Tribe▪ judaical; as ordained only for the salvation of that people. And Temporal; as instituted only for a season, and not to continue. But the Sanctification, of the third function, and of the place thereto appointed, was directly contrary in all the points alleged to the former two. First (as I said before) it was for simple worship, Prayer, and Doctrine which were there to be performed and delivered in all sincerity, without any ceremony or ceremonial implement used therein. Secondly, there was no matter of mystery therein to be seen▪ but whatsoever was mystical in the Law, or the Prophets, was there expounded. Thirdly, nothing there, was hidden or secret from the people, but acted wholly without the Veil, and publicly for every man. Fourthly, it was not appropriate to the Levites, but common alike to all the Tribes. Fifthly, not ordained for the jews particularly, but for all Nations in general. And lastly, not to endure for a time, (as those other two of the Law) but to continue for ever: even after the Gentiles were called as well as the jews: that is, during the time of the Gospel, as well as the Law. Therefore, saith God, by Isaias the Prophet, cap. 56. 7. My house shall be called an house of Prayer, to all Nations. He said not, an House of Sacrifice to all Nations: for the Sacrifice ended, before the calling of the Gentiles, and so they could have no part thereof. Nor an House of prayer for the Jews only, for than had the Gentiles (when they were called) been likewise excluded. But an House of prayer to all Nations, that is, jews and Gentiles indifferently: which therefore, must have 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 reform any thing in the other two functions of the Temple; for they were now, as at an end. But because this third function was for ever to continue to his Church: therefore he purgeth it of that that profaned it; restoreth it (as he did marriage) to the original sanctity: And that the future world (which was the time of the Gospel) might better observe it, than the precedent, and time of the Law had done; he reporteth, and confirmeth the decree, whereby it was sanctified: It is written, saith he, (as producing the record and words of the foundation) My house shall be called an house of prayer to all people. He saith, My House, as excluding all other, from having any property therein; for, God will be joint-tenant with no man. And it shall be, An house of prayer for all people: that is, public forever; not private, nor appropriate to any▪ nor a den of thieves; that is, no place of Merchandise, or secular business, as Saint I●rome expoundeth it. It must not be an Impropriation; no man can, or may hold it in that kind.  
The time also when our Saviour pronounced these words is much to the purpose as it seemeth to me. For it was after he had turned out the oxen & doves; that is, the things for the Sacrifice. As though, he thereby taught us, that when the sacrifical function of the Temple was ended: yet the sanctification thereof, to be an house of prayer, for ever remained.  
11 This doctrine of our Saviour, 
Saint Paul maintaineth the reverence of the Church.  is continued unto us by Saint Paul: who, seeing the Corinthians to profane the Church with eating and drinking in it▪ though much good might follow thereby, (being orderly done) as the increasing of amity, and the relief of the poor; yet because it was against the reverence of the place: he not only reproveth them for it, demanding if they had not houses to eat and drink in at home, but scaring them also (by showing the danger they were falling into) he speaketh to them as with admiration: Despise ye the Church of God? 
1 Cor. 11. 12.  As if he should say, is your religion now come unto that? or is that your Religion, To despise the place that God hath sanctified unto himself; by making it, as Saint Jerome saith, Triclineum epularum, 
Coment. in 1. Cor. 11.  a banqueting house. God wondered in Malachy, that any should spoil their gods. And the holy Ghost here wondereth, that any should despise the material Church: for so Saint Jerome expoundeth it. Thus both of them wonder at one & the same thing: that any man should be so irreligious, as to profane the reverence due unto God, and that that is his.  
12 So precise therefore were the Ancient Fathers in this point, 
The zeal of some of the Fathers to the Church. Serm. de temp. tom. 10. 21●  that, that meek Saint of God, Saint Augustine, would by no means endure that any should use clamours, or dancing within the vi●● of the Church. Yea, he termeth them, Miserable and wretched men that did it And denounceth against them, that If such came Christians to the Church, they went Pagans home. But when the Church itself came to be abused! Oh, how Saint Ambrose taketh it, even against the Emperor himself, great Valentinian that required it for an Arian: O (saith he) let him ask that is mine, 
Ad Marcellinam sororem: Epist. 33.  my lands, my goods, and whatsoever I possess, I will not deny them; yet are they not mine, but belong to the poor. Verum ea quae divina sunt, etc. saith he, but those things that are Gods, are not subject to the authority of the Emperor. If my lands (I say) be desired, enter them a God's name; if my body, I will carry it him; if he will have me to prison, yea, unto death, it pleaseth me well, I will not defend myself with multitude of people, neither will I fly to the Altar, desiring my life, but with all my heart will die for the Altars. And after, in speaking of the impious Soldiers: 
In fine eiusdem Epist.  O that God (saith he) would turn their hands from violating the Church, and then let them turn all their weapons upon me, and take their fill of my blood. And many such excellent speeches he hath for the sanctity of the Church, and of the reverence due unto it, in his Oration, De Basilicis tradendis.  
My purpose is to be short; I will not therefore now enter any further into the authorities of the Fathers: or meddle with the Counsels and ancient Canons of the Church which abound so in this kind of zeal, and have established it (against the Eustathians, M●ssalians, and Fraticelli, 
* Heretics which contemned Churches.  heretics: and all other the enemies thereof) with so many examples, admonitions, exhortations, precepts, threatenings, curses, and excommunications: as it requireth a book alone to repeat them.  
13 It seemeth a small thing to dance in the Churchyard, 
Sacrilege not to be suffered in the least things.  or to eat and drink in the Church. But sanctification (saith Jerome speaking on this matter) consisteth also even in the small things. 
Coment. in 2. Cor. 11. 22. tom. 9  Therefore Ecclesiasticus adviseth us, 
Eccles. 25. 27.  that we give 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 break the reverence of holy things in trifles.  
Therefore God punished severely the petty offenders in this kind: not Corah only and his company, that invaded the high function of the Priesthood: but even him that gathered the sticks on the Sabath day: Numb. 15. 34. And poor Vzzah himself (whom David so much lamented) that did, as it were, but stay the Ark from shaking, (2. Sam. 6. 6. and 1. Chron. 13. 9) and yet died for it, because his hand was not sanctified to that purpose.  
14 I conclude this point with the saying of Solomon, 
An admonition to them that meddle with holy things.  Pro. 20. 25. (and let all men consider it:) It is a snare for a man to devour that which is sanctified, and after the Vows, to inquire. A Snare hath three properties. First, to catch suddenly. Secondly, to hold surely. Thirdly, to destroy certainly. So was Vzza taken ere he was aware: he did but touch the Ark, and presently he was catched. King Vzziah did but meddle with the incense, and presently the Leprosy was on his face: 2. Chron. 26. 19 Jeroboam did but stretch out his hand against the Prophet, and presently it withered: 1. King. 13. 4. And as a man falleth suddenly into it: so is it as hard to get out. Vzza died in it presently. Vzziah languished in it all his life, and then died in it also, Corah, Dathan, and Abiram, were no sooner caught in this snare, but it held them so surely, as when all Israel else fled and escaped; they, & their companions (most miserable men) were detained in it, to their notorious destruction.  
I might here take just occasion to remember what hath happened to many in this Kingdom, that became unfortunate after they meddled with Churches, and Church-livings. But I will run into no particularities. Let those men, and those families, which are unfortunate (as we term them) consider, whether themselves, their Fathers, or some of their Ancestors, have 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 Ark to save it: what shall become of them that stretch out their hands against Churches to destroy them? If the sticke-gatherer was stoned, for so small a profanation of the Sabbath; what shall they look for, that by destroying the Churches, destroy also the Sabbath itself, (in a manner) as taking away the place appointed to the public sanctification thereof. And if Corah, Dathan and Abiram, offended so heinously, in meddling with the things of the Levitical Priesthood, though they employed them to the service of God: what have they to fear, that usurp the things of the Gospel, & pervert them wholly to their own use, from the service of God? Yea, that pollute his Churches and houses of prayer to servile & base offices: leaving the Parishioners uncertenly provided of divine service, to the destruction both of the Priesthood itself, and of the service of God in general.  
15 But they will comfort themselves with this: 
A surmise answered.  that though the Churches be sanctified to some purpose, yet the sanctity thereof differeth from Levitical sanctification: and that God doth not now kill any from heaven, for profaning the things of the Gospel, as he did then, for profaning the things of the law▪ I answer: The sanctity in deed of the one, differeth from the sanctity of the other. For the Levitical things were sanctified by the hand of man, to be matter of Ceremony; but the churches of the Gospel, are sanctified by our Saviour himself, to be houses of prayer. Not that prayer is to be used only in these places but that these places are only to be used for prayer. And we must not presume that God sleepeth because he punisheth not (now as he did of old) the contemners of his worship▪ For as the law consisted in visible & temporal things, so the punishments therein, were for the most part visible and temporal. But the Gospel concerneth things invisible and eternal, and therefore the punishments assigned therein, are for the most part, invisible & eternal.  
16 They have also another comfort, 
Another surmise answered.  and that is, that though these things were once Spiritual, now they are made temporal by the Laws of Dissolution; and especially, by the Stat. of 32. H. 8. cap. 7. It is true that those Statutes apply divers Law-terms unto these things that properly belong to temporal inheritances: and that the Statute of 32. H. 8. hath made them demandable by original Writs, & hath given certain real actions, & other courses for recovering & conveying of them in Temporal Courts: because Lay-men could not in former times have sued for things of this nature in any Court of the Kingdom. But this proveth not the things themselves to be therefore temporal, 
Dissero non assero.  (no more than that an English man is a Frenchman, because he saileth in a French bottom.) For upon the same reason; the Statute giveth also other actions (for recovering of tithes and offerings withholden, etc.) in the Courts spiritual. They than that out of the one part of the Statute will have them temporal, are by the other part in forced to confess them still Spiritual, and so to make them like a Centaur: prolem biformem. It were very hard (in my understanding) to ground a point of so great consequence, upon subtlety of words, and ambiguous implications, without any express letter of Law to that purpose, especially, to make the Houses and offerings of God, temporal Inheritances. But I see it is a Law question in my Lord 
a Term. Pas. An. 7. Edw. 6. Assize fol. 83. b.  Dier, whether tithes be made Lay or Temporal by any words in those Statutes. And therefore I must leave this point to my Masters of the Law, who have the key of this knowledge only in their own custody. Yet I think I may be so bold, as to say thus much out of their own 
b Doct. & Stud. cap. 6.  books, that a Statute, directly against the Law of God, is void. If then Tithes be things spiritual, and due de iure divino, as many great 
c See Aug. Ser. 219. de Temp. Hostiens. and most Canonists. Concil. Montisc. 2. cap. 50. Concil. Mogunt cap. 38. alias 10, etc.  Clarks, Doctors, Fathers, some Counsels, and (that ever honourable judge and Oracle of Law) my Lord Coke himself in the second part of his 
d Dimes font choses spiritual, & due de iure divino. Le Euesque de Winch. case fol. 45.  Reports affirm them to be: I cannot see how human laws should make them Temporal. Of the same nature therefore that originally they were of, of the same nature do I still hold them to continued: for manente subiecto, manet consecratio, manet dedicatio. Time, Place, and Persons, do not change them, as I take it, in this case. 
c Nescio quo fato sit; ut eodem t●mporis periodo (viz. an. 68) post ereptas per Nabuc & H. 8. res templorum: stirps utris que regia extincta sit, imperium sublatum, & ad aliam gentem devolutum. Vlterius igitur speremus. Cyrum nostrum jacobum regem (qui sceptra dissidentia. compescuit) restitutionis etiam munus aliquando aggressurum.  Nabuchodonozor took the holy vessels of the Temple, he carried them to Babylon, he kept them there all his life, and at last left them to his ●onne and grandchilds: but all this while, the vessels still remained holy. Yea, though they were comen into the hands of those that were not tied to the ceremonies of the law, and at length into the hands of them that had them by a lawful succession from their Fathers and Grandfathers: yet as soon as they began to abuse them to profane uses; that very night Balshazzer himself died for it, the line of Nabuchodonozor (that took them from the Temple) was extinct, and the Kingdom translated to another Nation: Dan. 5. 2.  
17 Happily also, Lay Approprietaties comfort themselves, 
A third surmise answered.  that they may hold these things by example of Colleges, Deans and Chapters, Bishops of the land, and of divers of our late Kings & Princes. Before I speak to this point, I take it by protestation, that I have no heart to make an Apology for it. For I wish that every man might drink the water of his own well, eat the milk of his own flock, and live by the fruit of his own vineyard. I mean, that every member might attract no other nutriment, but that which is proper to itself. Yet are they greatly deceived, that draw any juice of encouragement from these examples. For all these are either the Seminaries of the Church, or the Husbandmen of the Church, or the Fathers and Nurses of the Church: all de familia Ecclesiae, and consequently, belonging to the care of the Church, and aught therefore to be sustained by it: for Saint Paul saith. He that provideth not for his own, and namely for them of his household, he denieth the faith, and is worse than an Infidel: 1. Tim. 5. 8. 
a All Church revenues were at first paid to Bishops, and by them distributed to the Priests, poor, etc. after the Bishops were to have a fourth part of all tithes. Per Concil. Aurelian. Mogunt. Tribur. Hanet: etc. Et per Conc. Tarracon. the third part.  Therefore before the Statutes of suppression of Abbeys, those that were not merely Ecclesiastical persons, yet if they were mixed, or had ecclesiastical jurisdiction, they might by the Laws of the Land, participate Ecclesiastical livings, and 
b Ploughed. 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 provincial Levites (as I may term them) whom 
c 1. Chr. 26. 30. & 32.  David severed from the Temple, and placed abroad in the country to be Rulers of the people, in matters pertaining to God, and the King's business, (that is, Spiritually and Temporally:) had their portions of tithes notwithstanding, as well as the other Levites that ministered in the Temple. Now, that the King is 
b See Plowden in Quar. Imp. per Grendon. Et Lo. Coke de jure Regis Eccles. part 5.  Persona mixta, endowed aswell with Ecclesiastical authority, as with temporal: is not only a solid position of the common Law of the Land, but confirmed unto us by the continual practice of our ancient Kings, ever since, and before the Conquest, even in hottest times of popish fervency. For this cause at their coronations, they are not only crowned with the Diadem of the Kingdom, and girt with the sword of justice, to signify their Temporal authority, but are anointed also with the 
c Reges sacro oleo uncti, sunt spiritualis jurisdictionis capaces 33. Ed. 3. tit. Aide de Roy 103. Ex Dom. Coke Repor. part. 5.  oil of Priesthood, and clothed, Stola Sacer dotali, and vest 
d Dalmatia est vestis, qua modo utuntur omnes diaconi ex cons●etudine in s●lennitatibus. ut 70. distin. de ieiun●o. Antiquitus tamen, sive concessione Papae, nec Episcopis, nec Diaconis licebat uti hac vest. Distinct. 23. cap. Omnes filius. Prateus.  Dalmatica, to demonstrate this their Ecclesiastical jurisdiction, whereby the King is said in the Law to be Supremus Ordinarius, and in regard thereof, amongst other Ecclesiastical rights, and prerogatives belonging unto him, is to have all the 
e 22 Edw. 3. lib. Assis. plac. 75. L. Coke par. 5. fol. 15. a.  Tithes (through the Kingdom) in places that are out of any Parish, for some such there be, and namely, divers 
f As Inglewood, etc. ut patet an. 18. Edw. 1. inter petitiones coram dūo Rege ad Parliamentum.  Forests. But for all this: O! that his Majesty would be pleased to remember Zion in this point.  
18 I grow too tedious, yet before I close up this discourse, 
The danger that Proprietaries of Parsonages stand in.  let me say one thing more to the Aproprietaries of Churches, that happily, they hitherto have not dreamt of. And that is, that by having these Parsonages, they are charged with Cure of souls, and make themselves subject to the burden that lieth so heavily upon the head of every Minister: to see the service of God performed, the people instructed, and the poor relieved. For to these three ends and the maintenance of Ministers, were Parsonages instituted, as not only the Canons of the Church, but the books of the Law, and particularly the Statutes of 15. R. 2. cap. 6. And 4. H. 4. ca 12. do manifestly testify. And no man may have them but to these purposes, neither were they otherwise in the hands of Monastical person's, nor otherwise given to the king by the statute of dissolution, then 
a See the extent of these words in L. Coke, part. 2. fol. 49. And note also that Parsonages appropriate, are not mentioned in that Statute of 27. H 8. and the word (tithes) there seemeth to be meant of tithes belonging to the bodies of the Monasteries▪ not of Parsonage tithes. ideo quare how the King had them before the Statute of 31. Regni sui.  in as large and ample manner, as the governors of th●se Religious houses had them, nor by him conveyed otherwise to the subjects. For, Nemo potest plus juris in aliam transfer, quam ipse habet: No man may grant a greater right unto another, than he hath himself. And therefore, go where they will, transeunt cum onere, they carry their charge with them. Upon these reasons Proprietaries are still said to be 
b Parson impersonee.  Parsons of their Churches, and upon the matter, are as the Incumbents 
c For the monastical persons and Prioresses themselves that could not perform the divine service, were notwithstanding the Incumbents of their Churches: and lay Approptietaries claiming under their right, ought also to be subject to the same burdens.  thereof, and the Churches by reason of this their incumbency, are full and not void. For otherwise the 
d There is yet no express law made to take away the Bishop's jurisdictions over Churches appropriate, (that I can find.) Ideo quaere how it extendeth.  Bishop might collate, or the King present a Clerk (as to other Churches) as it seemeth by the arguments of the judges in the case between Grendon & the Bishop of Lincoln in Mr Plowdens' Comment. where it is also showed, that the incumbency is a 
* See Dier Trin. 36. H. 8. fol. 58. pl. 8.  spiritual function, and ought not to be conferred upon any but spiritual persons, and such as may themselves do the divine Service, and minister the Sacraments. Therefore, Dier, L. Chief justice of the Common Pleas, there said, that it was an horrible thing, when these Appropriations were made to Prioresses and houses of Nuns, because that (although they were religious persons, yet they could not minister the Sacraments and divine Service. Implying by this speech of his, that it was much more horrible for Lay-men to hold them, that neither could do these holy rites, nor were so much as spiritual persons to give them colour ●or holding of spiritual things. Therefore Sergeant 
* Terms of the Law in verbo Appropriation.  Rastal, also termeth it a Wicked thing, complaining (in his time) that it continued so long, to the Hindrance (he saith) of learning, the impoverishing of the Ministry, and to the infamy of the Gospel, and professors thereof.  
My Lord Coke also in the second part of his Reports, 
Levesque de winchester's case, fol. 44 b.  saith, that it is recorded in History, that there were (amongst other) two grievous persecutions, the one, under Dioclesian; the other under Julian, named the Apostata: for it is recorded, that the 
a Diocles. vide Euseb. hist. ecclis. lib 7. cap. 3. Niceph. l. 7. cap. 3.  one of them intending to have rooted out all the Professors and Preachers of the word of God, Occidit omnes Presbyteros. But this notwithstanding, Religion flourished for Sanguis Martyrum est semen Ecclesiae: The blood of the Martyrs is the seed of the Church; and this was a cruel and grievous persecution: but the persecution under the 
b juli. vide Theod. hist. lib. 3. cap. 6. & Niceph. lib. 10 cap. 5  other, was more grievous and dangerous, Quia (as the History saith) ipse occidit presbyrerium. He destroyed the very order of Priesthood. For he robbed the Church, and spoiled spiritual persons of their revenues, and took all things from them whereof they should live. And upon this, in short time, ensued great ignorance of true religion, and the service of God, and thereby great decay of Christian profession. For none will apply themselves or their sons, or any other that they have in charge, to the study of Divinity, when after long and painful study, they shall have nothing whereupon to live. Thus far my Lord Coke.  
I allege these Legal authorities, and leave Divinity, because the Approprietaries of Parsonages (which shield themselves under the target of the Law) may see the opinion of the great Lawyers of our own time and Religion, and what the books of the Law have of this matter, to the end, that we should not hang our consciences upon so dangerous a pin, nor put too great confidence in the equity of Laws, which we daily see, are full of imperfection, often amended, often altered, and often repealed. O how lamentable then is the case of a poor Proprietary, that dying, thinketh of no other account, but of that touching his Lay vocation, and then coming before the judgement seat of Almighty God, must answer also for this 
c It is said in my L. Dier in the case of a common person, that the service or a cure is a spiritual administration, and cannot be leased, and that the service is not issuing ou● of the parsonage, but annexed unto the person. 36. H. 8. fol. 58. b. pla. 8.  spiritual function. First why he meddled with it, not being called unto it. Then, why (
* Proprietaries which have Vicars endowed, think themselves thereby discharged: but though the Vicar be the Parson's deputy to do the divine Service, yet a superior care thereof resteth still upon the Parson himself, and the surplusage of the profits belongeth to the poor, as appeareth by the whole body of Fathers, Doctors, Counsels, etc.  meddling with it) he did not the duty that belonged unto it, in seeing the Church carefully served, the Minister thereof sufficiently maintained, and the poor of the Parish faithfully relieved. This I say, is the use whereto Parsonages were given, and of this use we had notice before we purchased them: and therefore, (not only by the laws of God and the Church, but by the Law of the Land, and the rules of the Chancery, at this day observed in other cases) we ought only to hold them to this use, and no other.  
19 It is not then a work of bounty and benevolence to restore these appropriations to the Church, 
That it is not benevolence but duty to restore Church. livings.  but of duty and necessity so to do. It is a work of duty to give that unto God that is Gods, Mat. 22. 2. And it is a work of necessity towards the obtaining remission of these sins. 
Ad Mace donium Epist. 54. tom. 2.  For Saint Augustine saith, Non remittetur peccatum, nisi restituatur ablatum cum restitut potest: The sin shall not be forgiven, without restoring of that which is taken away, if it may be restored.  
It is duty, justice, and necessity, to give them back unto God. For if Judas (who was the first precedent of this sin) were a thief, 
job. 12. 6.  as the Holy Ghost termeth him, for imbeasiling that which was committed unto him for the maintenance of Christ and his Disciples, that is of the Church: by the same reason, must it also be the every to withhold these things which were given for the maintenance of the Church and Ministers of Christ. And herein it is a degree above that sin of judas, as robbery is above theft: for judas only detained the money (delivered unto him) closely and secretly; but we and our fathers, have invaded Church-livings, and taken them (as it were by assault) even from the sacred body and person of the Church.  
It is a great sin to steal from our Neighbour; much greater (euer● sacrilege) to steal from God. If it were so heinous a fact in Ananias to withhold part of his own goods, which he pretended he would give unto God, how much more is it in us, presumptuously to reave that from God, that others have already dedicated and delivered unto him. 
Pro. 28. 24.  Solomon saith; He that robbeth his Father and his Mother, and saith, it is no sin, is the companion of [a murderer, or] him that destroyeth. 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 destroyer.  
The 
* Synod. ●. Rom. 218. Epis● o●. An 50●. Co●c. Val. An. 855. ca 9 Con. Rom. 100 Episc. Anno 1063 Conc. Rom. 5. Anno 10●8. Conc. Pa●en●. An. 1. 88 Conc. Oxen. Gene. Ang. Anno 1222.  fathers, the Doctors, many great Counsels, and ancient Laws of the Church, command, that things taken from the Church, should be restored. And the Church by her 
a A strange change: the Israelites gave their own goods so abundantly to the service of God, that Moses was forced to restrain them by proclamation: Exod, 6. ●. but now nothing can move us to give God that which is his already.  ● Preachers and Ministers continually entreateth, urgeth, and requireth all men to do it. They therefore that do it not, they refuse to hear the Church: And then our Saour Christ, by his own mouth, denounceth them 
b Qui sub. nomine sidelium, agunt operai● fidelium. Hieron. ibid.  to be as Heathens and Publicans, that is, excommunicate and profane persons. If he refuseth (saith our Saviour) to hear the Church also, let him be unto thee as a heathen man, and a public in. Mat. 18. 17.  
It is a fearful thing not to hear the 
c We think the Church doth not command it till we make a parliament law for it, but the law is made already by Christ himself.  Church, but much more, not to hear Christ himself. Christ hath given us a perpetual Law and Commandment, touching things belonging to God: That we should give them to God. If we break this Law, we break a greater Law then that of the Medes and the 
a Dan. 6. 15.  Persians: and therefore mark what the holy Ghost concludeth upon us; Every person that shall not hear this Prophet (Christ jesus) shall be destroyed out of the people. Act. 3. 23.  
20 To conclude then, 
The conclusion.  as the Philistims made haste to send home the 
b 1. Sa. 5. 11.  Ark of God; and the Egyptians to rid themselves of the 
c Ex. 12. 31  people of God: so let us ply ourselves to render unto God his Lands and Possessions with all speed. Otherwise, as he struck the Philistims with emrod's secretly, and the Egyptians with manifold scourges openly; so only himself knoweth, what he hath determined against us.  
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. We must now neither hold that Patrimony, or living, (no) nor so much as take pleasure therein, whereby a man is entrapped and brought to destruction. 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 Heaven, that defraudest Christ in thy inheritance here on Earth? Therefore  
Give unto Caesar the things that are Caesar's, 
Mar. 12. 17  and unto God the things that are Gods.   

❧ An Epilogue.  
PArdon me good Reader, though I have neither satisfied thee, nor myself, in this little discourse. It is hard to bring a great vessel into a small creak, an argument of many heads and branches, of much weight, variety and difficulty, into a few pages. It may be thou thinkest the volume big enough for the success that Books of this nature are like to have. I reject not thy judgement, yet would I not have others thereby discouraged from pursuing this cause: for though Peter fished all night and got nothing, 
10. ult. vers. 3.  yet he made a great draft unlooked for) in the morning. He that directed that net, give a blessing to all our labours. For my own part (if I catch but one fish) I shall think mine well bestowed. Howsoever, it shall content me, and I thank God for it, that he hath girded me with so much strength as to strike one stroke (though a weak one) in his battle, and to cast one stone (though a small one) against the adversaries of his Church.  
Some will say, I have used too much salt and vinegar in this discourse; and that I have bend the great Altillery of God's judgements and threatenings, upon a piece of too light importance. I would the consciences of men were such, as oil and butter might supply them. But I see they are for the most part overgrown with so hard a carnosity, as it requireth strong and potent corrosives to make an entrance into them. A Preacher may shake them now and then with a Sermon, 
Act. 24. 26.  as Paul did Faelix: but when the thunder and lightning are ceased, they are (like Pharaoh) still where they were. Yea some have conscientas cauteriatas, 
●. Tim. 4. 2●  as the Apostle termeth them, censciences ●eared with an hot iron: so stupefied, that dead Lazarus may be raised, before they can be moved. But God knoweth the heart of man, and bringeth water out of the hard rock; therefore though I have spoken this (as being jealous of the cause,) yet in charity I will hope better even of the hardest of them. Only let no man think it a light sin, to keep open the passage whereby the 
* Psal. 80. 13.  wild boar (of Barbarism) enters the Lord's vineyard, and whereby God is deprived of the honour due to his name. 
Psal. 96.   
Now at the parting, it may be thou desirest to know what success this my labour had with the Gentleman to whom I sent i●. In truth neither that I desired, nor that which I promised unto myself. For (so it pleased Go●) that even the very day, the messenger brought it into Norfolk, 
August 16. 1613.  the party died. Otherwise I well looped, not to have shot this arrow in vain. But because it then miss the mark at which it was sent, (and many thought not fit to lose it;) I have now let it fly again at random with some notes and alterations, as the difference between private and public things requireth: but still desiring that I might further have showed my mind in many passages hereof, (and particularly touching tithes in quoto, and such Parsonages as have Vicarages well endowed) which without making it almost a new work, I could not do; and therefore resting upon thy curieous interpretation, I leave it to thee, (for this time) as it is.   

A SERMON OF St. Augustine's touching rendering of Tithes.  
The occasion of this Sermon or Homily, was ministered unto him by the time of the year, it being the 12. Sunday after Trinity, that is about the beginning of Harvest. The Scripture that he sitteth unto it, is the 18. of Luke. Where the Pharesie boasteth of his precise justice in payment of Tithes. It is the 219. Sermon de Tenipore: extant in the tenth Tome of his works, and there extituled: De reddendis decimis.  
BY the mercy of Christ (most beloved brethren:) the days are now at hand, wherein we are to reap the fruits of the earth▪ and therefore giving thanks to God that bestoweth them, let us be mindful to offer, or rather to render back unto him the tithes thereof. 
Decret 16. Quae. 1. cap. Decima.  For God, that vouchsafeth to give us the whole, 
Where you may see a great part of this Sermon cited for Augustine's.  vouchsafeth also to require back again the tenth, not for his own, but for our benefit doubtless. For so hath he promised by his Prophet, saying: 
* Mala. 3. 10.  Bring all the Tithe into my Barns, that there may be meat in my house; and try me, saith the Lord, in this point, if I open not the windows of heaven unto you, and give you fruit without measure. Lo, we have proved how Tithes are more profitable unto us, then to God. O foolish men! What hurt doth God command, that he should not deserve to be heard? For he saith thus: 
Exod. 2●. ●9.  The first fruits of thy treshing floor, and of thy Winepress thou shalt not delay to offer unto me. If it be a sin, to delay the giving: how much worse is it, 
16 Quae. 1. ca decima. Prou. 3. 9  not to give at all? And again, he saith, Honour thy Lord thy God with thy just labours, and offer unto him of the fruits of thy righteousness, that thy barns may be filled with wheat, and thy presses abound with wine. Thou dost not this, for God a mercy, that by and by shalt receive it again with manifold increase. Perhaps thou wilt ask, who shall have profit by that, which God receiveth, to give presently back again? And also thou wilt ask, who shall have profit by that which is given to the poor? If thou believest, thyself shall have profit by it, but if thou doubtest, than thou hast lost it.  
Tithes (dear Brethren) are a tribute due unto the needy souls. Give therefore this tribute unto the poor, offer this sacrifice unto the Priests. If thou hast no Tithes of earthly fruits: yet whatsoever the Husbandman hath, whatsoever Ar● sustaineth thee, it is Gods, and he requires Tithe, out of whatsoever thou livest by: whether it be Warfare, or Traffic, or any other Trade, give him the tithe. Some things we must pay for the ground we live on, and something for the use of our life itself. Yield it therefore unto him (O man) in regard of that which thou possessest: yield it (I say) unto him, because he hath given thee thy birth: for thus saith the Lord: 
Exo. 30. 12  Every man shall give the redemption of his soul, & there shall not be amongst them any diseases or mishaps. Behold, thou hast in the holy Scriptures the cautions of the Lord, upon which he hath promised thee, that if thou give him thy tithe, thou shalt not only receive abundance of fruits, but health also of body. Thy barns (saith he) shall be filled with wheat, 
Pro. 3. 10.  and thy presses shall abound with wine, and there shall be in them, neither diseases nor mishaps. Seeing then, by payment of Tithes, thou mayest gain to thyself, both earthly and heavenly rewards: why dost thou defraud thyself of both these blessings together? Hear therefore, 
16. Quae. 1● ca Decima.  (O thou zealelesse mortality) Thou knowest, that all things that thou usest are the Lords, and canst thou find in thy heart, to lend him (that made all things) nothing back of his own? The Lord God needeth not any thing, neither demandeth he a reward of thee, but honour; he urgeth thee not to render any thing that is thine, and not his. It pleaseth him to require the first fruits, and the Tithes of thy goods, & canst thou deny them, (O covetous wretch?) What wouldst thou do, if he took all the nine parts to himself, and left thee the tenth only? And this in truth he doth, when by withholding his blessing of rain, the drought maketh thy thirsty Harvest to wither away: and when thy fruit, and thy vineyard, are strucken with hail, or blasted with frost, where now is the plenty that thou so covetously didst reckon upon? The nine parts are taken from thee, because thou wouldst not give him the Tenth. That remains only, that thou refusest to give, though the Lord required it. For this is a most just course, that the Lord holdeth, 
16. Quae. 1. ca decimae.  If thou wilt not give him the tenth, he will turn thee to the tenth. For it is written, saith the Lord, Insomuch as the Tithe of your ground, the first fruits of your Land; are with you: I have seen it, but you thought to deceive me: havoc and spoil shall be in your Treasury, and in your houses. Thus thou shalt give that to the unmerciful Soldier, which thou wouldst not give to the Priest.  
The Lord almighty also saith: Turn unto me, that I may open unto you the windows of Heaven, 
Mal. 3. 10.  and that I may pour down my blessing upon you; and I will not destroy the fruit of your Land, neither shall the vines of your field [or the trees of your orchards] whither away, [or be blasted] and all nations shall say, that you are a blessed people. God is always ready to give his blessings. But the perverseness of man always hindereth him. For he would have God give him all things, and he will offer unto God nothing, of that whereof himself seemeth to be the owner. 
* This place is cited as out of Augustine Cons. Triburies'. ca 13. An. 895 & before that in council. Mogunt. pri. c. 8 An. 874.  What if God should say? The man that I made, is mine; the ground that thou tillest, is mine; the seed that thou sowest, is mine; the cattle that thou weariest in thy work are mine; the showers, the rain, and the gentle winds are mine; the heat of the Sun, is mine; and since all the Elements whereby thou livest, are mine; thou that lendest only thy hand, deservest only the tithe, or tenth part. Yet because Almighty God doth mercifully feed us, he bestoweth upon the labourer a most liberal reward for his pains, and reserving only the Tenth part unto himself, hath forgiven us all the rest.  
Ingrateful and perfidious deceiver, I speak to thee in the word of the Lord. Behold the year is now ended: give unto the Lord (that giveth the rain) his reward. Redeem thyself, O Man, whilst thou livest. Redeem thou thyself whilst thou mayest. Redeem thy self (I say) whilst thou hast wherewith in thy hands. Redeem thyself, lest it greedy death prevent thee, thou then lose both life and reward together. Thou hast no reason, to commit this matter over to thy wife, who happily will have another husband. Neither hast thou (O woman) any reason to leave this to thy husband, for his mind is on another wife. It is in vain, to tie thy Parents, or thy kinsfolk, to have care hereof: no man after thy death, surely shall redeem thee, because in thy life, thou wouldst not redeem thyself. Now then, cast the burden of covetousness from thy shoulders, despise that cruel Lady, who pressing thee down with her intolerable yoke, suffereth thee not to receive the yoke of Christ For as the yoke of covetousness, presseth men down unto hell, so the yoke of Christ raiseth men up unto heaven. 
16. Quae 1. ca decimae.  For tithes are required as a debt, and he that will not give them, invadeth an other man's goods. And let him lock to it, for how many men soever die for hunger in the place where he liveth (not paying his tithes) of the murdering of so many men, shall he appear guilty before the tribunal seat of the eternal judge, because he kept that back to his own use, that was committed to him by the Lord for the Poor.  
He therefore that either desireth to gain a reward, or to 
* Pr●mereri.  obtain a remission of his sins, let him pay his tithe, and be careful to give alms to the poor, out of the other nine parts: but so notwithstanding, that whatsoever remaineth over and above moderate diet, and convenient apparel, be not bestowed in riot and carnal pleasure, but laid up in the treasury of Heaven, by way of Alms to the poor. For whatsoever God hath given us more than we have need of, he hath not given it unto us particularly, but hath committed it over unto us to be distributed unto others: which if we dispose not accordingly, we spoil and rob them thereof. Thus far S. Augustine.  
ERasmus in a general censure of these Sermons de Tempore, noteth many of them not to be Saint Augustine's: so also doth Master Perkins, and divers other learned men, who having examined them all all particularly, and with great advisement, rejecting those that appeared to be adulterate or suspected, admit this notwithstanding as undoubted. And although Bellarmine seemeth to make a little question of it, yet he concludeth it to be, without doubt, an excellent work: and either 
* Forte non est Augustini iste sermo tamen insignis est sine dubio & antiqui alicuius atris, nam inde tanquam ex Augustino multa sunt adscripta in Decret. 16. q 1. Bellarm lib. de clericis cap. 25.  Saint Augustine's own, or some other ancient Fathers. But he saith, that many things are cited out of it as out of Augustine in Decret. 16. qo 1. And to clear the matter further, I find that some parts hereof are alleged under the name of Augustine, in Concil. Triburiens. (which was in the year of our Lord 895) cap. 13. And twenty year before that also, in Concil. Moguntin. 1. cap. 8. So that Antiquity itself, and divers Counsels, accept it for Augustine's.  
I will not recite a great discourse to the effect of this Sermon amongst the works of Augustine in the Treatise De rectitudine christian religionis; because Erasmus judgeth that Treatise not to be Augustine's. Yet seemeth it likewise to be some excellent man's, and of great antiquity. But if thou wouldst hear more what Augustine saith unto thee of this matter, take this for a farewell; 
Homil 48. ex lib. 50. Ham▪ come. 10.  Maiores nostri ideo copijs omnibus abundabant, quia Deo decimus dabant, & Caesuri censum reddebant: modo autem quia descessit devotio Dei, accessit indictio fisci. Noluimus partiri cum Deo decimas, modo autem totum tollitur. Hoc tollit siscus, quod non accipit Christus.   

An Appendix by the Author.  
I Have been often solicited within these two years, both to reimprint this little Treatise, and also to publish a greater work much of the same Argument. Some especial reasons have made me unwilling to do either. Not that I do, aut clypeum abijcere, aut causam deserere: But I find my arm too feeble for so great an attempt▪ and in matters of such weight and consequence, a better opportunity is to be expected, then is yet afforded. I desire therefore not to be hastened herein, though he that published my Book in Scotland (out of his zeal to the cause) taketh that for one of his Motives. 
In his Epist. Dodicat●ry.  When I did first let it go forth: I did it only in covert manner: not thinking it worthy of the broad eye of the World, nor holding it fit to have that which was done in a corner, preached upon the house top: or that which passed privately between me and my friend, to fly (in this sort, at once) to both the Poles of the Monarchy. Hereupon I hitherto by entreaty with held it from a reimpression: But I being in the Country: and It being now to me as ●lius emancipatus, and out of my power: the Printer hath taken advantage of his liberty, and in my absence printed it again with the former infirmities  
I wish, since it must needs be thus: that I had over run it with a new hand: aswell to explain it in some things, as to help and fortify it in other. For the Argument hath many adversaries, not of the Laity only: but amongst the Churchmen themselves. All are not pleased with this form of 
* Tithes  Maintenance: other are not satisfied how it is due. Some also conceive Scriptures in this manner, some in that: and where one is best pleased, there another findeth most exception. Thus he that cometh upon the Stage, is the Object and Subject of every man's opinion. Yet must I herein confess myself beholden unto many: for I understand this small Essay hath given them good liking▪  
To satisfy all I labour not: but to the worthier sort I would perform what I could. Being therefore informed (about a year almost since) that some particular Divines of learning and judgement, (conceiving well of my Book,) supposed that I had departed from the ancient and modern interpreters in applying the 12. verse of the 83. Psalm. Only to the sanctified things of the jews which (they said) was spoken of all their houses and Cities in general. I did then unto them (as I thought it fit) reddere rationem & fidei & facti. And in like manner (because the book goeth forth again upon a new adventure, and may encounter with the like objections,) I held it now as necessary to add something unto it in that point being so material Yet must I signify unto you, that they which took that exception, accounted both my argument and whole discourse the stronger (notwithstanding) Ex consequent: as namely, that if it were so heinous a sin to invade the temporal things of the jews, much more must it needs be to invade the spiritual. So that no man is either freed or cased by this suggestion, but rather the more ensnared and overwhelmed. Nevertheless (I understand) that which followeth, hath cleared this point unto them: and I hope so shall it also do● unto others (which separate not themselves from our Church) if cause require.  
I Am not ignorant that many modern and some Ancient Interpreters understand the body of the 83 Psalm, of the taking of the houses and cities of the jews in general, not only of the Temple and Synagogues, nor only of the Cities of the Levites: for the very historical texture of the Psalm discovers as much. But that branch of it, where on 〈◊〉 I fastened my anchor, and where I chiefly insisted, namely the 12 verse, touching the taking of the houses of God in possession, (which indeed is the centre of the Psalm: what interpretation soever it receiveth) most of them interpret it primarily and positively for the Temple 〈◊〉. Holy things, then per translationem for Jerusalem, and by consequence, for all judea, (and the people of God) in respect that they were there planted.  
For though we following Genebr●d, Calvin and Arias Montanus, translate it literally, Take the houses of God in possession; yet the Septuagints & greeks interpret it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: And Hierome in the Latin Vulgar accordingly▪ Sanctuarium Dei: in his other translation called Haebraeica veritas, (which also agreeth with that elder, cited by Lucius in the primer ages of the Church) Pulchritudine●● Dei: Pelican, electissima: all of them by such denominations, as are most proper to the Temple & holy things. And therefore the Church in all former ages and for the most part yet also beyond the Seas, even in the reformed parts of Germany, retaineth that interpretation of Sanctuarium Dei, as best agreeing with the intent of the Hebrew, which Hierome in the Preface to his translation professeth confidently (by many witnesses) that he hath changed in nothing.  
I allege all this, but to 〈◊〉, that by what variety of words soever, the translators express the original Hebrew, yet they all concur with this as the Fountain and st●n●ard; that prima intention, it 〈…〉 the holy things, though in ●ecun●d it be carried unto temporal.  
Ourselves also in our own English translation, understand the houses of God, for places dedicated to the service of God. And therefore in the 9 verse of the 74. Psalm, where our Church-Psalter saith, burnt up all the houses of God in the land: the Geneva and the King's addition report it, burnt up all the Synagogues of God in the Land. So likewise in the 1. verse of the 84. Psal. The dwellings of God are expressly spoken of his Tabernacles, and holy habitations, not of his Temporal.  
Yet do I not deny; but (as I say) Secunda intention, the words Sanctuarium, or Houses of God, in the 83. Psalm are truly carried to all judea and the people of God, howbeit Hierome noteth expressly no such matter upon it: neither could Augustine find it in the literal or historical sense of the text: and therefore he deduceth it to the people of God by way of Tropology, using the metaphor of Saint Paul. 1. Cor. 3. Sanctuarium: (saith he) Templum dei sanctum est: quod estis vos. And Lyra accordingly, Sanctuarium: id est (saith he) Jerusalem, in qua erat templum dei: & per consequens: terram judea, cuius metropolis erat Jerusalem.  
Arnobius likewise of the Ancient, taketh it first for the Temple & holy vessel: then extensively, for the people and Land of Israel. As for Cyprian, Origen, Tertullian, Ambrose, Chrysostome, Gregory, they meddle not with it, that I can find, nor Hierome otherwise then as I have mentioned.  
But admit that at this day most do expound it for the Temporalties of the jews, aswell as for their Levitical and Sanctified things: What doth this contradict my application of this Psalm against Spoilers of Churches? or wherein is my error? I affirm the Genus upon one of the membra dividentia, and they upon both. I upon one not exclusive, and they upon both copulative. Do not they than themselves affirm my assertion? Let Schoolmen be judges. Yea do they not justify and enforce it? For if God loveth the gates of Zion, more than all the dwellings of jacob, Psal. 87. 2. that is, the outward and petty things of his Church, more than a●l the stately temporalties of his Lay people, yea, if he loveth jacob but for Zion, that is, the People but for the Church: then Ex necessario to consequent, when the Prophet denounceth such heavy things against them, that menaced Gods, Lay people, and their possessions, how much the rather, doth he it against such as with greater fury and impiety afflict his more peculiar and chosen servants, his Clergy, his Levites, his first borne? Against these I say, that forbear not to violate the things more dear unto him: His Temple, his Oracle, his holy mysteries, that is, things belonging to his honour and divine service, things and means, ordained to the propagation of his blessed word? For this is the consequence of destroying our Churches: this killeth the bird in the shell: and to a person offending in this nature, wrote I my Book.  
By like reason, it may also be said; that this Psalm was framed against Heathens and Infidels, (which in open hostility assailed the Church & people of God with fire and sword) not against such as be our own brethren, & of the family of the Church, though (in some sort) they do injury unto it. I answer that the Ammonites and Moabites were also of the kindred of Israel: yea, the Edomites, and Ismalites, of the lineage of Abraham, aswell as the Israelites themselves: yet when they joined with them that sought the destruction of the Church; the curses of the Pr●prophet went as freely and as fiercely against them as the rest. So if our Church be spoiled by her brethren, her children, or kindred, the sentence is all one against them, as against Heathen and Infidels, yea, and that also more justly and deservedly by the judgement of the Prophet, who accounteth the treachery of a familiar friend much more intolerable than the violence of an open Enemy. Psalm. 55. 12.  
But say I have erred (which indeed is too common with me though it be humanum) and doth the more easily befall me, having saluted the School of Divinity, only a long and a limine: I am therefore ready with Augustine to put it amongst my retractations, if there be cause why? yet (as he said of Romulus)  
Sed tamen errorem quo tu●atur habet. For I am not the Author of this exposition, neither is it my own weapon but borrowed, and put into my hand by others of elder time. I confess that as they which go to battle, whet their sword, and bend their bows: so I sharpened both the edge and the point of it to my purpose. For all spirits are not cast out by ordinary power, nor all humours persuaded by ordinary reason. Knowing therefore what was necessary in particular for the party to whom I wrote, I applied myself, and my pen to that particular necessity: yet, not with Zidkiah to seduce him by untruths, 
1 R. 2● 17.  but as a faithful Michaiah to leave nothing untold that belonged to his danger.  
See then what I have to defend myself withal, both of ancient & later fathers & Doctor rs● of the church: the first application (as I take it) that ever was made of this Psalm, was (only to the purpose I allege it) by ●ucius a devout Bishop of Rome, in the bloody age of the primitive Church, about 225. years after Christ: of whom (to let pass Cyprian) Bale, 
Epist. l. 3.  a man of our own, 
Epist. 1●.  giveth this testimony; That he was a faithful servant in the Lord's house,— and enriched his Church with healthful doctrine, and afterward being purified in the lambs blood, he pierced the heavenly Paradise, being put to death at Valentinians commandment, Anno 255. This Lucius (as I noted in the margin of my Book, 
See 〈◊〉 page 60.  pag. 39) in an Epistle of his to the Bishops of Gallia and Spain: having determined many things touching the Church, & somewhat also against spoilers and defrauders thereof (concluding them by the example of judas to be thieves and sacrilegious persons) he proceedeth with them in this manner: De talibus, id est (saith he) qui facultates Ecclesiae rapiunt, fraudant, & auferunt: Dominus comminans omnibus per prophetam loquitur dicens: Deus ne taceas tibi: ne sileas, etc. Reciting the whole 83. Psalm every word, as you may see. Tom. 1. Concil: of Binn●us edition. pa. 180. col. 2.  
I took this reverend Father and great Doctor of the Church, living in the purity of religion, in the times of persecution, and so near the ages of the Apostles, to be a faithful direction to my pen. Yet, lest he should seem like a Sparrow alone on the house top, I will show you the opinion of others in the after ages.  
Petrus Damianus a Cardinal, whilst that title was rather a name of Ministry then of Dignity, and long before it became mounted and purpurate, a star of his time, now almost 600. years old, understandeth this Psalm also of Church possessions, & dignities, & out of it doth vehemently confute the Chaplains of Duke Gothi●red, which held it no simony to buy bishoprics and Priests places, so they paid nothing for the imposition of hands (an opinion too common at this day) and he applieth against them the interpretation of the names of the Heathen Princes there mentioned, and concludeth them to be haereditario quodam iure Sanctuarij possessores, as you may see in his Speculo Mor. l. 5. Ep. 13. ad Capellan. Gothif.  
Rupertus who flourished about 500 years since; expoundeth it contra omnes Ecclesiae hosts, falsos Christianos, haereticos, etc.  
Great Hugo Cardinali●, the first Postillator of the Bible, (who flourished Anno 1240. a little also, before that order was distinguished with the Horse and Red Hat, and a man to whom all the Preachers of Christendom are more beholden, than many of them are aware: for much of that good juice that sweeteneth the expositions they read, dropped from his pen, though now like rivers falling into other channels, it hath lost his name) in his worthy Comment upon the Psalter, applieth the words, haereditate possideamus sanctuarium dei, against those that ambitiously seek Church-livings and dignities, dispiersing the curses of this Psalm, as well among the great men of the Clergy as them of the Laity, which by threatening or favour obtain Ecclesiastical promotions: and particularly against such men of the Church, as confer Prebends and dignities upon their Nephews and kindred, building (as he saith) Zion in (their) blood, and jerusalem in in●quity. Neither spareth he the Popes themselves, but chargeth them also that they possess God's Sanctuary, by way of inheritance, in that they keep the succession of the Papacy among such as be only of the Roman nation. And much more to this purpose, which were here too long to recite: but (concluding that the Prophet hath leveled at them all in this Psalm) he saith, De omnibus istis sequitur: Deus meus pone eos ut retam, etc.  
joannes Vitalis, who lived above 300. years since, (and for his fame, and learning, was also called to be a Cardinal, ere that this dignity was yet at the highest pitch) vehemently enceth this Psalm against the Great men that prey upon the Church, applying the interpretation of the names therein mentioned very bitterly unto them. And saith further, that they possess the Sanctuary of God by inheritance, which enter into it unworthily, or in succession to their uncles, nephews, and parents, and they also which give Benefices in that manner, wasting thereby as it were Christ's hereditary patrimony; with much more to this effect, Speculo moral: tit. Principes saeculares. fol. 229. d.  
Nicolaus de Lyra, who flourished about the same time; our own countryman, (though of jewish Parents) a star also in that age, of the first magnitude, for his learning; and exquisite above all in the Hebrew, (it being his mother tongue, and eleborate by him) whose judgement I the rather esteem, for that Luther loved him, and preferred him above all Interpreters, as Luther himself testifieth in the 2. and 9 chap. of Genesis. He (I say, as before I have noted) expoundeth it: first, and properly for the Temple (under which I understand all things dedicated unto God) then for jerusalem, because (saith he) the Temple was there: and lastly by consequence (for that is his own word) for the Land of judea, whose chief City jerusalem was. So that he maketh the Temple and things belonging to God, to be the main part whereat the Prophet aimeth, and the City and Country to follow, but by inference and implication.  
Come to the later Writers, Genebrard noteth upon Sanctuarium dei; that the Hebrew word is, Habitacula, and for the postil, faith; Generaliter de divinis omnibus templis, urbibus locis & oppidis populi dei. So that if he had been questioned further; how he understood Habitacula, specialiter, it is then like he would have answered, de divinis omnibus templis tantum: that is, only of Churches. But be it as it is, he setteth them in the first place, as the proper signification, and the rest in consequence, as analogical, according to Augustine & our Countryman Ly●anus.  
As for Luther, he expoundeth not this Psalm himself, that I can find; but you see what he attributeth to Lyras judgement.  
Pelican a great Hebritian, translateth it Possideamus nobis alectissima dei, and expoundeth it in like manner as before, Templum civitatem vasa populum dei.  
Pomeranus interpreteth it of them that did seek to make themselves Lords and heirs of the Temple.  
To conclude, because the newest things are most acceptable with many. The last man that hath written upon the Psalter, Lorinus a jesuit, (and therefore I will not press his authority) yet to do him right, very well esteemed amongst great Clarks of our own Church for much good learning (though in matters of controversy, full enough of Romish levin) reciteth somewhat more briefly the former interpretations of Petrus Damianus, Hugo Cardinalis and john Vitalis, and approving those their applications, putteth them still on into the world, as truly consonant to the tenor of the Psalm, which notwithstanding I doubt not hath also many other expositions, as herbs have usually divers virtues and operations. But thus the eldest and newest expositors are wholly for me, many also (& of the best of them) of the middle ages, none that I know against me. For although Musculus, Bucer, Calvin, Marlorat, Mollerus, expound this Psalm historically of the Country and Nation of the jews, yet when then apply it to the Church of Christ (as otherwise there were no use of it) they make that application by way of figure & analogy; And then is there no cause to raise an antithesis, or contrariety between them and me. For to reconcile the matter, S. Jerome in his entrance into the exposition of this Psalm, telleth us, that we may expound it figuratively of the Church (which I understand in matters of action, government, doctrine) or historically of the people of the jews and nations about them. And though Calvin himself pursueth for the most part the historical interpretation, yet when he cometh to the 12. verse, he faith; ay terum accusat profanos homines sacrilegij, quod praedateria licentia involant in ipsam dei haereditatem.  
Thus much, and too much touching this point. As it is said in the end of the Maccabees: If I have done well and as the story required, it is the thing that I desired: but if I have spoken slenderly and barely, it is that I could. Let no man therefore rely upon me, but learn of them that are bound to teach; For the Priest slips should preserve knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of Hosts. Mal. 2. ●  
Other things there be, wherein I would willingly have enlarged myself a little: but as Popilius in Livy describing a circle about Antiochus enforced him to answer before he stepped out of it. So the Printer (having printed all to the last sheet before I knew it) restraineth me, ad articulum temporis, within which accordingly I must needs end.