A General DISCOURSE OF SIMONY. BY JA. METFORD, Rector of Bassingham in Lincolnshire. Vbi aurum placet, ibi & vitium. Greg. l. 9 ep. 40. Isicio Epd. Hieros. LONDON, Printed for JOSEPH LAWSON, in the Bail of Lincoln, Bookseller; and sold by R. CHISWEL, at the Rose and Crown in St. Paul's- Churchyard, and T. SAWBRIDGE at the three Flowers-de-luce in Little-Brittain. 1682. TO The Right Reverend Father in God THOMAS Lord Bishop of Lincoln. My Lord, YOur incessant pains, and sincere endeavours both by Counsel and Elaborate Tractates, do sufficiently discover you a true English Prelate, and able Patron of the Protestant Cause. And your great vigilance and integrity in your high and holy Calling, hath given you a just esteem in the hearts of good men; and wrought a belief in your Diocese, that things are well done if they gain your approbation. Which forces me to give you the trouble of hearing, that about a month before the death of the Learned and truly Reverend Dr. Michael Honywood late Dean, and now the just grief of the Church of Lincoln; he was pleased to inform me with some Resentment of the too great Progress of Simony in this Nation; bewailing the fatal Consequences of it to the Church, and commanding me to say something (if possible) to stop its growth. To which I answered, but with two sad assurance of truth, that I had travailed less in the search of that Subject than in most others that a Divine is obliged to know. And besides was so valetudinary, that in few days time I used to hear some soft Footsteps of approaching Mortality: which (though he knew to be true) yet his warm heart would not retreat, but permitted me only to be a little shorter. Two days after, I was advised to travail about sixty miles, to a Spa for health; which I did: and at my return, was saluted with the most unwelcome News of the Deans death: so that I was forced to share in the common sorrow. Though (not to dissemble) 'twas some ease to me, that I was delivered from my promise to him. But about five weeks since, a common Friend, conscious to my Obligation, demanded an account of Simony; as promised to the Deceased: I answered, that death had cut the Band of that Promise: He replied, that the Deans life or death was no condition of it; and the reason of performing, was the same now as before. I submitted; and do now humbly present these weak Lines to your Lordship's view; desiring (if they are thought of any use) they may pass your Diocese under your Protection. I know the design is useful, though the ill handling may offend. If your Lordship think them useless, be pleased to receive them to that sure Sanctuary of Secrecy and Silence; which will be most safe for Bass. Dec. 2d. 1681. Your Lordship's most dutiful Petitioner and Servant, Ja. Metford. A General DISCOURSE OF SIMONY. COnsidering the smart Reflections, lately made by a very worthy Gentleman on a Practice but too common in this degenerate age, of giving Bonds to Patrons for the Resignation of a Benefice at their pleasure: and noting some Commotion in his mind, I assured myself, so strong and sound a judgement, could not be rapt away by his well-commanded passions; but upon the sharpest Spur of Provocation: and therefore suspected some secret venom, in that which seemed to once thinking men, a harmless practice. The deeper I did dig into it, the stronger and ranker the stench summed up; which at length convinced me, that no less than a bottomless Pit of Mischief lay under it; which I hope to discover, by showing both the nature of Simony in general, and what share these Bonds for Resignation bear, in that weighty guilt. Simony is so called from Simon Magus, that famous Samaritan born at Gitton, mentioned in Acts 8, who came to Rome in the Reign of Claudius Caesar says Eusebius) where he was worshipped in an Image (says Just. Martyr) between the two Bridges of Tiber, Hist. l. 2. c. 12. apology. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. L. 1. adv. har. 10. Ephiph. adv. haer. to. 2. l. 1. haer. 1. & Aug. ad Quod. haer. 1. with this Inscription, Simoni Sancto Deo; yea the Samaritans and many others also, adored him saith Irenaeus. The occasion of his giving the name to Simony, is set down Act. 8.20. A Petro Spiritus Sancti gratiam mereari volebat, unde vitio nomen dedit, (says Aquinas) and many others. Not but that the crime had got footing in the World long before, and was known to the Jews by the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and by the Arabians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Talm, says Schindler; and both from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fraudavit expilavit. The Greeks knew it by the Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And the Latins by the word Ambitus. Which I note, to show 'tis a moral evil, and was troublesome to all Nations and Religions. But this bold Chapman's offer, purchased not the grace of God, but disgrace of turning his name into sin, by which he will be justly infamous to the last gasp of time. The nature of this sin is well discovered, by them that call it Studiosam voluntatem, Panorm. & nemo extra Aquinas Sa. etc. nundinandi aliquid spirituale, aut spirituali annexum; for 'tis a desire, and endeavour to make Merchandise of things sacred. Some add insecuto opere, but the purpose of the heart is Simony, though we can't accomplish it, as Simon could not. And 'tis the heart Peter blames. Thy heart is not right in the sight of God. Acts 8.21. And again, v. 22. if perhaps the thought of thine heart may be forgiven thee. 'Tis true, in foro soli, some overt Act must appear; but in foro poli, the design though frustrate, is the crime. Luke. 3.2. 'Tis a crime that Stella charges, for the teeming womb of infinite Evils, that follow; contrived by Herod, to render the Jewish Church contemptible, making the Priesthood annual; as Joh. 11.49. shows, that Caiaphas was Highpriest for that year only: and An●as soon after, as Acts 4.6. evidently discovers. Which, says he, forced the High Priest to oppress the People, for the raising such Simoniacal Sums. And unworthy men, thereby get into the greatest trusts in the Church; which made the times, Calamitosa & Miseranda, as also it doth ours. But for the better displaying this growing sin, we shall consider 1. Its species, buying and selling things sacred. 2. The things bought and sold. 3. The means by which 'tis done. 1. The Species, buying and selling, which being Relative Acts, will in their own nature, be alike lawful or unlawful: though accidental circumstances, may make them more evil to one than another. Like Judas selling, and the Jews purchasing the Son of God. The Scotch selling, and the Rumpers buying Charles the first. Or Didius Julianus buying and the Praetorian Cohorts selling, the sacred Roman Empire. Or Herod's selling and Caiaphas buying the holy Order of the Jewish Highpriest. 'Tis hard to say which is most tainted with the corruption of Avarice, since both their breaths smell so exceeding earthy. 'Tis but Cretensis cum Aegineta, two Knaves well met: poisoning each other, as the Toad doth the Spider. They both labour under the same disease of greedy desire; having Souls black as Hell by those deeds of darkness. Like Attabus and Numeneus, that puzzled Apollo himself to determine which was worst: being both Loaves of the same sour Batch: Viols in unison, wound up by the dexterity of the Devil. He that thinks himself best, is but the greater Deceiver, and the weaker head. They broke both the same laws of God and Man, from the same principles of sordid covetousness; to the same end to enrich themselves on the Spoils of Religion. Averring both the same damnable positions, Quasi nulium sit peccatum majus quam nummis career. Espenc. in Tit. c. 1. Credidit ingens pauperiem vitium. Hor. serm. 2. sat 3. nunc sit barbaries grandis habere nihil. Latro est qui aurum ex religione sectatur. Hieron. * that Money is the necessary qualification for the Ministry. And that Poverty is the best evidence of a scandalous and insufficient Minister. They may differ in their Coat, but wear both the same Cloak of Secrecy to cover their Knavery. Can a greedy Patron (shall I call him, or Latron) excuse himself from Sacrilege, whilst he fills his bottomless Bag out of the Church Revenue? Can he fancy himself not perfidious, that being but a * Deposita pietatis, says Crig. 2r. 31 in Math. Tert apolog. c. 39 Trustee for the Church's Portion, treacherously converts it to its own use. What did Ananias do more, than retain part of what was devoted to God's service? O the divine charms of Money, that can so far blind men, as not to discover sins of the greatest size! Can they hope to avoid the shame and punishment of thy very, that so audaciously rob God? Mat. 3.8. Or can their witty guilt find out any fair gloss to elude the teeth of the Text from biting them. Must God be forc't to pay tribute to their Covetous Deities? Will men take Heaven to satisfy their unsatiable appetites? 'Tis strangely saucy to lick their fingers in God's Broth. Major Nummi quam Numinis ardour. They show more devotion to the Golden Calf, than the God of Israel. It seems they are of Vespasian's mind, that Gold smells well, though picked out of God's pocket. Can Custom prescribe against honesty? Can wrong by * Quicquid multis peccatur multum est. Lucan. l. 5. multitudes of sinners be bound to right? Is Robbery the more lawful, because committed on the Church? * Nihil ad extenuationem delicti numerus impudens valere consuevit. Cyp l. 1. ep. 26. sed pudor & modestia 〈◊〉. Or the less criminal, because many practise it? Can they guests themselves good men that won't do their duty without Bribery? If it be not the Churches Right, why do they give them any? If it be, why do they detain any? He that invades some part of the Church Revenues, would all, but for shame of the World; having as true a right to all, as to any part of it. What defence will it be at the last day, to say we are Gentlemen, and have robbed none but God; and defrauded none but the Church; nor been dishonest to any but the Ministry? God will reward them, for giving his Prophets a Cup of cold Water: burr so will he too, for cheating them of half their maintenance. And certainly, Cicero is right, that those men are the greatest plagues of the Commonwealth, Li●. de off. 1.1. that doing evil, Id agunt, ut boni viri esse videantur. They expect to be esteemed honest in the foulest Acts. Now for the Buyer; we have the less to say against him, because his Act is partly involuntary: yet there could be no Sellers, were there no Buyers, for both are necessary to make up a Market. At best, he doth evil, that good may come of it; and sticks not at bribery, to make way for a Benefice, quocunque modo rem. He plucks the Devil's Office out of his hand, and turns Tempter of his Patron; and prefers the call of Gold, before the call of God. He declares himself without merits, seeing his money is to answer all things, and seems better purchaser than Preacher. If (with chrysostom) he hath not a golden Mouth, he hath a golden Hand. If he can't enter as Simon Peter, yet can like Simon Magus, with Letters Testimonial in Golden Characters: and then says one, He is in the Church, permissione non voluntate Dei; Stell. In Luc. 12. by permission, but against the will of God. And by this he discovers his aim, to be more at the benefice, than office of a Divine; which may be had in a more populous, and less profitable place, at a much lower Rate. Non constituit Dominus, sed ipsi se constituerunt, says he. 'Tis not the Saint's Bell of divine Invitation, rings them in, as Bees are courted to their Hives; but 'tis the tinkling of their Silver: which shows they go in their own errand, not Gods. And how can men choose but suspect them, for bad Servants; that are forced to hire their Services. Nay they are rather Slaves than Servants in the house of God; that Enter and continue shackled in Manacles and Chains of Bonds, Contracts, Covenants, Limitations, and a thousand other Inventions of darkness. These Links of Iron gall them at every nod of the Patron's displeasure; which they always fear, more than the saddest presages of a guilty conscience. That the Purchaser may know his condition, Cornelius vim passus est ut Episcopatum coactus exciperet. Cyp. to. 1. Ep. 52. St. Aug. wept when elected to the Bishopric of Hippo. Possidon. in vita August. Greg. Thaumaturgus fled into the Wilderness to avoid a Bishopric. v. Nyssen in vita Ireg. let him read his Indictment before the great and dreadful Assizes come: that he may the better fit himself for his Answer. He stands indicted for filthy Avarice, the ground of his sacrilegious purchase. For desperate audaciousness, in thinking himself worthy the weightiest trust in the Church. While St. Hierom calls it, Onus Angelicis humeris formidandum. Jonah in a great fright fled from it. Jer. 1.6. Cried out, ah Lord I am a, Child, I cannot speak. And many of the primitive Fathers, had almost the skin of their Modesty plucked over their ears, before they could be induced to come near the holy Vestments. Nor are his Treasons less, conspiring with his Patron, against the liberty of God's Church, and pawning his Living on it, to preach what heresy his Patron shall require. He commits Burglary on the Church of God, breaking open her door with a Golden Cramp; and forces the holy Spouse of Christ against her will; and values the inestimable grace of God at the rate of worldly pelf. Good God what Adamant is his heart made of? how obdurate is his conscience, that groans not under these heavy weights of sin? Venturing boldly on that villainy, that all good men's hearts, in former ages, trembled at. I must leave him to prepare his answer at that great Tribunal; or else for slighting this timely notice. 2. Let us consider the things bought and sold; which to show them to be Simony, must be the gifts of the holy Ghost; both ordinary, and extraordinary, real or so accepted. Whatsoever is sacrilege to take away from the Church, is Simony to buy or sell in the Church. But we may reduce them (though scarcely numerable) to the ensuing heads. 1. Buying and Selling, the instituted means, by which the holy Spirit is attained; as Prayers, whose Evangelical worth cannot be valued, and if purchased are worth nothing. 'Tis the worst kind of Usury to take ten per Cent. for our Prayers, or else not to let them out; I confess I know no Church that hires out Prayers, or Masses at 12 d. a piece, but the Church of Rome; which excels in this kind of Alchemy, turning all Materials into Gold. In our Church 'tis decreed by Edmund Archbishop of Canterbury, in a Provincial Synod, holden about the year 1250, That no Masses be sold, nor any thing given or taken, for Annalia or Tricennalia Missarum, Prov. vetu sl. tit. 2. cap. praeterea venal. as Lindwood shows us: which were Masses for a year, or 30 Masses, if the word be rightly written, and not triennalia as some suspect; which would be Masses for three years. So too, for Sacraments largely or strictly taken: since they were the Golden Vessels; in which grace was conveyed; the Church ever held them invaluable: knowing that it would have beggared all the Angels of Heaven fully to compensate for any one of them. Hence Stephen Langton, in the first Council of Oxford, Anno Christi 1222 decreed, Provin. ib. cap. firmiter Inhibemus. That nothing be required for Baptism, Chrism, vel aliquod Ecclesiasticum Sacramentum. And so is the Legantine Constitution of Otho, A. D. 1236. tit. 4. cap. auditu horribili, etc. concerning Confession or Penance, as they call it, which is again confirmed, by Othobon another Legate, A. D. 1268, with stricter Injunctions; as appears tit. 2. cap. Quoniam caeca potest as &c, where he speaks not of Confession, and Chrism only, but adds, Et qui alia quaelibet Sacramenta, interventu Pecuniae conferunt, sitales invenerint (sc. Archidiaconi) eos tanquam Simoniacos puniant. 2. To Buy or Sell the Offices of the Church, instituted by the holy Ghost, which ('tis very probable) was the design of Simon Magus: to have been an Apostle, or at least a Bishop in the Church. For 1. By Apostles, or Apostolical men only, was the power of miracles conferred on others: and therefore it must be their authority that he would purchase: and 'tis the authority denominates the person. 2. He desires to do it by laying on of hands, which was an act of Office power, in Ordination, Confirmation, and such like. 3. It seems by St. Peter's answer, he so understood him: for he says, Thou hast neither part nor lot in this matter, or in this word, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Act. 8.21. As if he had told him, Thou hast no share in the Apostleship, nor Call to be in the Clergy: or to publish this word of God, which is confirmed with these miracles. 4. The pouring out these gifts upon men, was but an extraordinary Ordination to the Ministry. Which appears, 1. In that it was not given to all that were baptised; for then Simon had shared without Money. 2. Nor can men give any Reason, for these gifts of tongue, unless they were to be used in the Ministry. Since the faith might be confirmed, as well to their own minds, internally by the Testimony of the holy Ghost. 3. Nor were these gifts given to any Woman that we read of, and therefore were not necessary to confirmation of the faith, nor sanctification in the faith internally: for that they needed as well as men; but that Sex was forbidden the Ministry. Nor do we want concurrent judgements in this point, both ancient and modern; but that is beside my design to prosecute. Only I observe Cornel. a Lapide so very particular, as to affirm, that he desired the Bishopric of Samaria: A Lap. in loc. l. 4. de notis eccls. c. 13. And Bellarmine is very certain, he offered Money for the Episcopal authority. Constat Simon Episcopalem authoritatem ambivisse, & durâ pecuniâ emere voluisse. That the buying or selling any office, instituted by the holy Ghost, in the Church, was adjudged Simony, appears by Stratford, who decrees Anno Domini 1342 (as Sharrock affirms out of a Mss. in Bodley's Library) nec decet episcopum manus impositionem vendere: nec ministrum, calamum venundare: And accordingly 'tis determined in the Council, that from thenceforward, the whole charges of every distinct Ordination, and Letters of Orders sealed in England, should cost the Ordained but 6 d. and all instruments, for settling the Clerk in his benefice, but 12 d. vid. Lindwood, l. 3. tit. 22. de censibus. Cap. Saeva & miserabilis, etc. And if the Candidate for Orders, proved Simoniacal, ad quoscunque Ordines ne praesumat accedere, says Walter Reynold Arch. Cant. in the second Council at Oxford, A. D. 1322. And if he could get into Orders undiscovered, yet is he declared by Edmund Arch. Cant. Irregular; and he compares him with Homicides, Incendiaries; and forbidden to dispense divine Mysteries till he have made full satisfaction to the Church. Prov. Vet. l. 1. tit. 4. de Ordinandis. Thus too, it was managed under Pope Greg. M. in the reign of Mauritius, who following the sacred Rules of his Predecessors, decreed, nihil unquam de ordinationibus accipiendum: no nor for the Pall, nor any Papers: and gives this reason for it, Greg in Synodo Rom. Quia non decet aut Episcopos suam manum, aut Ministros, vel Notarios, suam vocem vel calamum vendere. And indeed it looks a little uncouth, that a man should purchase leave to serve God; and hire the preferment of being Christ's Messenger. And that the Ordainer should sell the Spirit, as Judas did the Son; and the Ordained like cursed Jews, should be the Buyers. Midas' Fable is but too sinfully verified in such men, since their Touch turns all to Gold. Doubtless they would not give the droppings of their Nose, whose very breath cost men so dear. But we may well desist, this Crime being more rare, than Wolves in England, since the Reformation: and seems to be a native plant of Italy: flourishing no where so well, as where the Pope hath set his foot. Of which the select Cardinals make a most sad Complaint to Paul 3 d. saying, they discovered in Eligentibus caecitatem, in Electis insulsitatem, in utrisque Simoniacam perversitatem. The scrutiny at Rome who is fit for Orders, is made in the Pocket, not in the Pate: nor do they examine his Conversation, but his Compensation: 'tis no matter if he be no able Scholar, so he be an able man. Nay a Child will serve the turn, for the best Bishopric in France, if he send a golden Orator to procure it. The Pope once told his Cardinals upon preferring a mean man: if the King of England had desired his Horse to be made a Bishop, he would not have refused him; for the King had commended him, not in a long Testimonial, but in a round Sum, which with them is the Total of all perfection. The Centum Gravamina, complains, indoctis, agasonibus, stabulariis, dantur beneficia. Ostlers and Grooms were well enough letered, if well enough lined. Picus Count Mirandula tells Pope Leo 10th to his face and his Council in Lateran, That they gave Church Live, lenonibus, & Catamitis, to Pimps and Panders, Ganymedes, and what not for Money? Yea, the very Apostolical Legates (as they fanatically Cant) in the Council of Trent, confess men were ordained into the Church, that had nothing Canonical but their Copes and Cassocks. What Nauclerus confesses of Boniface 9th time, Curiam Romanam labe Simoniacâ infamem esse; was true long before, Gen. 49. and it may serve for their Character ever since. Let the Engglish Clergy rejoice that they live out of the reach of these Tarpeian Harpies: which made our Predecessors purses tremble at every screich of the impure Bird. 3. And to buy and sell the Mansions of the holy Ghost. Here the Pastors and Teachers, are set over the Church by the holy Ghost; the Church is the Temple of Christ, and the whole matter spiritual. Now in buying and selling these, God's people are bought and sold like Slaves, in this profane Market. The Souls of Men, once valued so high, as to be the purchase of our Saviour's precious blood, are now sold for a sacrilegious Bribe. O unheard of impudence! That makes those invaluable Jewels, the matter of vain men's traffic. Epiph. This was so hateful to the ancient of piety, that they judged the very opinion of its lawfulness, a haeresy: Aug. ad quod vult d. de haer. in principio. Greg. l. 3. ep. 13. & passim. and so doth Epiphanius, St. Augustine, Greg. Mag. and so de Langius, and Schaffnaburgensis, in their Chronicles all along. Yea so hateful hath it been to the whole Christian Community, that an Oath hath been administered against it for many ages. And for England in particular, 'tis decreed in Conc. primo Oxon. under the said Archbishop, Stephen Langton, That all Bishops should impose an Oath on any suspected person: that nec promiserit, Lib. 2 tit. 6. de jureju. nec dederit aliquod praesentanti; nec aliquam propter hoc inierit pactionem. I confess this Oath is very large, but it shows the piety of those times, would not endure any kind of bargain about these things. And so watchful was this Council over the Bishops, that they decreed in Collation of a Praebend, Commendum or the like, the Bishop should receive nothing for Institution or Mission; no nor vel chartâ super hoc faciendâ. Nor might he suffer his Officials or Archdeacon's, to extort any thing: because (says the gloss) 'twas adjudged Simony so to do. V l. 3. tit. 6. cap. Quia juxta. St. Edmund goes farther with his Council, and degrees; nulli liceat Ecclesiam nomine dotalitatis ad aliquem transfer, vel pro praesentatione alicujus personae, Pecuniam, vel aliquod aliud emolumentum, pacto interveniente recipere, etc. In English thus, Let it be lawful for none to transfer a Church to any man, in the name of a Dowry (which is commonly called Smock Simony) or to receive any Money for the presentation of any person; or to bargain for any other profit. Which if any shall do, and be convict in Law, or shall confess it; we decree him as well by royal as our own authority, to be deprived of the Patronage of that Church for ever. This Canon being the chiefest against Simoniacal Patrons, is by Sharrock's Edition of the Provincial reckoned to St. Edmund; but that is a mistake, for 'tis placed upon Richard Wethershead, in the old Books, who was St. Edmund's Predecessor: and so 'tis in the Syllabus of this election; and so 'tis reckoned by other good Authors: and accordingly it bears date, A. D. 1229, which was two years before Edmund came to the see of Canterbury. And for the royal authority mentioned in it, I conceive it depends upon a former Canon, made under Richard Archbishop of Canterbury, in the reign of Henry the 2 d, in his Synod held at London, A. D. 1175. Which decreed, that every Patron taking reward for any presentation, should lose his Patronage for ever. As Hoved. notes, in Vita Hen. 2 d, at which decree, Henry the 2 d and Richard the First were present, and consented. But because both these, transferred and forfeited a temporal right, which the Law (it seems would not allow a Canon to do) they both proved ineffectual. 'Tis pretty to observe, what pains the Glossator on this Canon takes, to explain Perpetuum, to be during the life of that Patron: being loath such horrid breaches of trust, should be too severely punished: when 'tis plain, that the King and Church, did by that means declare the trust forfeited for ever; by the abuse of it. But the Canon being rejected, the Lords portion is become his Daughters; the Patron's children are enabled to live by Sacrilege; and yet himself declared unfit to bear any Trust in the Church affairs. And the very Clouds labour with the weight of Curses that hang over his head. Cursed be the Deceiver saith Malachi 1.14; and he is no small one, that deceives God, in what is entrusted to him: and Mal. 3.9. Ye are cursed with a Curse, for ye have rob me. Remigius Altissiodor renders Anathema by alienatio, and says, Com. in Zack 14. Bibl. pa tom. 1. 'tis in rebut, quas homines vota facientes, templo affigebant, & a se alienas faciebant, and in truth, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is put by good Authors, for donarium Deo consecratum, any thing devoted to God, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for Exitio desttinatus, one devoted to perdition, and both from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to set apart; as believing the curse of God and Man is entailed on him that takes to himself, what is devoted to God. So that our Patron's Panegyric is spoken from Mount Ebat; Gen. 27.12. and by these acts, as Jacob told his Mother, he rather brings a curse then a blessing on his Family. And this was Justin Martyr's sense of Anathema too; V quaest. 121. yea their own fathers, in their dedications, did themselves load them, that abridge or pervert their free Donations, with most * Darius' curse. Ezra. 6.1. The common form is venientibus contra haec & destruentibus ed, occurrat deos in gladio iro & furoris & viadictae & maledictionis aeternaev. Apostolatus Benedict. in Aug. Append. sido f. 60. direful Imprecations: and why may they not fear the effects? as Hiel the Bethelite;; many years after did feel the curse that Joshua many ages before, Joshua 6.26, had laid upon him that should rebuild Jericho: for Hiel to please profane Ahab, and to show how gallantly he could delude those ancient curses, built on; though he had lost his Firstborn Son Abiram, till all his Children perished, one after the other. So that the Gates (which were the last thing done), were erected in the death of his youngest Son Segub. Thus was the City built, but no Heir left to inherit it. 1 King, 16.34. Yea the whole English Nation, have by joint Votes and Statutes, commanded the Bishops of each Diocese, Stat. 25. Edw. 1. Anno Christi. 1297. twice every year, solemnly to excommunicate all Persons whatsoever, that shall violate the great Charter, in any clause of it. The first of which confirms the Rights and Freedoms of the Church, which these men so boldly violate. Nor hath the dire effect been less visible in this Kingdom, than any other Look what curses overthrew Necuchadnezzar; the same or like, extirpated our William the Conqueror and Henry the Eighth: De non temereccles. in pref. p. 24. and that (as Spelman observes out of several Authors) at the same period: all their Names and Blood being rooted out of the earth, in the sixty eighth year after their violations. As for Henry the 8th, he married Wives enough and on purpose to prevent the defect of issue; and enervate the foreboading of his Adversaries. And left children enough to have possessed the Royal Throne to many Generation; had he not left a sacrilegious Phthisis amongst them, which the piety of his Children could not atone. And for the Conqueror, 'tis observed by all sorts of Historians, how eagarly vengeance pursued him; after he had turned thirty six Parish Churches in Hampshire, with all their Revenues, to his own use, for a Forest. He did it in the Eighteenth year of his Reign, and Anno 19, his Son Richard was there gored by a Stag, Speed, fol. 429. says Speed. Ib. Cambd. Brit. p. 259. But Mr. Cambden says, by a pestilent Air breaking out of the Earth. The next year, his Horse affrighted with the flames of the City of Maunts, (which he burned with the Church of St. Mary's and two Anchorites) yarkt so unexpectedly, Math. Par. fol. 13. as to break his Rider's Belly, of which he died. His Grandchild Henry, Son of Robert Duke of Normandy, Speed ib. hunting in this Forest, is struck through the Jaws with a Bough of a Tree, and so ends his days. Math. Paris. f. 71. His other Brother William, made Earl of Flanders, was slain by his Uncle Henry the 1st. Robert Duke of Normandy, the Conqueror's eldest Son, had his eyes put out, Ib. f. 73. by his younger Brother Henry the 1st, and is starved to death after twenty six years' imprisonment, by his Brother's Order in Caerdiff Castle in Wales. His Son William Rufus, was slain by a slant rebound of an Arrow shot at a Dear by Sir Walter Tyrrel, in the said Forest, Anno Regni, 13, whilst himself gave the profane command, Trahe Diabole, Math. Par. f. 54. Shoot you Devil. Henry the 1st, was the Conqueror's fourth Son, Ib. Fol. 69. Speed. 459. and succeeded Rufus in the Throne; whose two Sons William and Richard, and his Daughter Mary, were all drowned together in a calm day, nigh the English Shoar. And the King himself dies of a surfeit of Lampreys. Here is blood touching blood, vengeance upon vengeance. And so concludes this sacrilegious Conqueror's Race: his name being quite put out. But Judgement is often swifter than sixty eight years, Act. 5. for Annanias and Saphira died presently. And William Marshal Earl of Pembroke, that robbed the Bishop of Furnes, of two Manors belonging to his Bishopric in Ireland: was assured by the Bishop, that in the next generation, his name should be extinct: and the King was told by him, that he should live to see it. Yet 'twas unlikely enough, Math. Paris. f. 687. for he had five Sons, lively and valiant men; but alas, all died Earls of Pembroke successively, within twenty five years, and his name and family utterly blotted out of the World. Cardinal Woolsey, seemed the Darling of his Prince and Country for many years: but he ventures on sacrilege, Anno Hen. 8.17, and is in a praemunire, Goodwin. fol. 104. Anno Reg. 21, and despoiled of all, even to the want of Bread. And the next year he is forced to take a Purge say some, Mart. 304. Poison say others, to get rid of his hated life. Nor did any one of his five Friends, miss of divine Vengeance, that he employed in his Sacrilege, as is manifested by Goodwin at large. Goodw. f. 67. There is a Family in the County of Lincoln, of a Noble Stock, to whom Fortune had never been unkind, till they dispeopled the Parish where they were seated by Enclosure; and impounded the Parish Church within their own yard, and took all the profits to their own use. Since which, a brisk and smart Providence hath so closely pursued them, that five Lords successively Possessors, and about nine or ten Heirs Male, have perished in the space of twenty years. A mere stranger to their blood is now in possession of the scantling left; and there remains but one feeble Female to support it. Stanislaus Socolovius takes the Turks successful inroads into Hungary, Orat. Stanis. Socolov. Gul. Tyrius de bello sacro. 17. to be a judgement on that Nation, for seizing Churches Revenues. And William Bishop of Tyre, imputes the dismal blow given to the Knight's Templars, to the heavy displeasure of God upon them, for detaining the Lands and Tithes given to the Church, to their own use. Instances in this kind are almost infinite; and humane experience is nigh cloyed with evidences of the smart Reflections providence hath made upon Sacrilege. Whoever desires to be further satisfied in this matter, may be sufficiently furnished in Bredenbachius, and several other Authors, Bredenb. de sacrileg. vind. & paene. that handle it at large. And therefore with great reason, did that noble General Monk Duke of Albemarle rejoice, that in all his ample Revenues, he had not one foot of Church Lands. Nor is it from our purpose to observe, how exuberantly the blessings of Heaven have distilled on their heads, that have been careful to augment, rather than detract from the Lords Portion. God blessed the house of Obed-Edom, for protecting the Ark, but smote all the Philistines that imprisoned it, wheresoever it came: so that Ashdod, Gath and Ekron cried out, 1 Sam. 5.11. Let it go again to its own place, that it slay us not, and our People: for there was a deadly destruction throughout all the City; the hand of God was very heavy there. Who was greater than Moses, that made Collections for the service of God? Or who was more successful than David that rejoiced at the free oblations of the People? Instead of detracting, he made large provision for the worship of God; 1 Chron. 29.3, 4, 5, 9 offering vast treasures; Even 3000 talents of the Gold of Ophir, and 7000 talents of refined Silver, besides Vessels of Gold and precious Stones. And this course too, steered that magnisicent Prince Solomon the Wise. What vast Treasures did Constantine the Great, (a Prince unparalleled for Wisdom, Piety, and Puissance) pour out upon the Church, to the provoking the envious Devil to cry out in his hollow shrieks in the air, Hodie venenum infusum est in Ecclesiam. Thus Charles the Great made it his chief study to increase the maintenance of Religion: and God blessed them accordingly. While a sacrilegious Henry the, 8th, is ever in straits. Hieron. de Cevallos says, If the Spanish Territories be surveighed, it will appear, the ecclesiastics have full as much as the Seculars: which occasioned Boterus to say; That for the Reverence and Wealth this Nation bestowed upon the Church, Relat. Vnivers, l. 1 p. 4. God gave them Potozzi, Megalupae and the rest of the Indian Mines. And indeed we have the best security the World affords to expect such success; for God himself passes his word for it. Malach. Mal. 3.10. 3.10. Bring you all the Tithes into the Storehouse, that there may be meat in mine house, and prove me now herewith, saith the Lord of Hosts, if I will not open you the Windows of Heaven, and pour you out a blessing, that there shall not be room enough to receive it, and ver. 11. I will rebuke the Devourer for your sakes, and he shall not destroy the fruits of your ground, neither shall your Vine cast her Fruit. St. Aug. affirms, Aug. serm. 210, de temp. Decimae ex debilo requiruntur; and brings in God, challenging the whole prosits, as Lord of the world; then dividing it thus, Reserva Tibi Nonas, da Mihi Decimam etc. Keep your Nine parts to yourselves, give me the Tenth: If you will not give me the Tenth, I will take away your Nine: Walafrid. Srabo dereb. eccls. c. 27.29. if you give it, I will multiply your Nine. So that men may assure themselves to thrive well if they tithe well. And that 'tis the best security to our own estate, to be just to God. He that cannot trust God on his Word and Promise, whom can he trust? Nor can he be other than an Infidel, that promises himself Prosperity, whilst he strives to starve Religion. 'Tis very probable, that the glory and honour which the Kings of the Earth were to bring to the Christian Church, Rev. 21.24, were Riches and Reverence. And so 'tis said of whole Nations to Rev. 21.26. And they shall bring the glory and honour of the Nations into it. And in truth want without a power of miracles, will expose the Church to contempt: for it will depress men's spirits, and and cool their zeal. If the Preacher live at the Patron or Parishioners Trencher, he must be civil to their crimes. A Church must be so refulgent as to awe huffing Atheists, in Scarlet or Buff, from affronting it. Alexander the Great, reuerences Jaddus the High Priest of Jerusalem, but not without his Pontificalia. Eccles 9.15. The Poor man's Wisdom will be despised. A dull and blockish Irreverence will assault a poor Divine from a stupid Plough-boy. The common Farmer will loathe heavenly Manna out of a Beggar's hands. Majesty itself without its Crown and Sceptre, its Pomp and State, would soon be slighted, Nor doth any thing hold off the trembling multitude from trampling on the Judge, more than his Trumpet, Robes and Grandeur. So that to impair the Church's Revenue is to attempt its ruin, and must needs draw the heavy vengeance of its Founder after it: Whilst to increase it, is to act for and with God; and so ensures the blessing to us and our Posterity. 4. Lastly, in a word, all things essentially belonging to the Ministerial calling, admit of Simony: whether Antecedent as Election, when suffrages are bought and sold; Presentation, in contracting for the Church: Ordination, agreeing its price with the Bishop or his Officers, Institution, or Induction. 2. Or Concomitant, as making Merchandise of the Word and Sacraments. 3. Or consequent, as taking Bribes, to conceal presentable crimes. Or binding men in Church censures, not to reform ill manners, but to be paid for losing them. Or to pay Archidiaconal procurations, that they may not personally visit their Churches, which is declared by Othobon the Legates constitution, sapere Simoniacam pravitatem. V tit. 19 c. Deus omni. Nor is any Church far from intentional Simony, That makes Canons, not to direct their people's practice, but to be dispensed with for their Money. They are well called Retia, in the Church of Rome: being more profitable than St. Peter's Nets: and deserve execution by the Bosom of Destruction, rather than to be executed. 3. The means by which Simony is effected, and they are either generally, by Bargaining, or particularly by the things Bargained for. 1. Generally by Bargaining, which in this case is utterly unlawful, because the subject matter is so. It is no more lawful to treat of it, than of the conditions and Rates of Rebellion, Murder, Whoredom, and such like. In which to endeavour to persuade, is to woe a man's consent to evil; and to get him to promise, what is a sin to perform, and consequently 'tis to oblige him to sin. Whereas that work, becomes none better than the Devil: since 'tis but to undertake the office of a Tempter. I the more wonder any tongue can be so base, as to accept the employ. Men must first reckon him a mercenary wretch, whom they send in this Errand. The Casuists reckon them amongst the Contract us illiciti; and the Canons condemn the bargaining. Ames defines Simony; de Cons. 15. c. 42. f. 12. quocunque modo commutare, rem sacram vel spiritualem, pro temporali. He matters not what is exchanged, so it be a bartering of a temporal for a spiritual, and gives a double reason for it; because sacred things are profaned and polluted, and handled as worldly things: when they are brought into bargaining, and valued by worldly things. 2. Because 'tis unjust to sell, what ought freely to be given. And in truth, the very debates (as means) do partake of the nature of, and are desecrated by the end. But let us hear them treat. The Patron's Agent is fain to Lapwing conscience, while he negotiates; propounding an old Horse to sale: or tacking a cracked Abigail, at the tail 〈◊〉 the Presentation. Or in honest words desiring him to be obliged to be cozened, in part of his Glebes or Tithes saying, the Patron desires a peaceable Man, that should not be severe with himself or Tenants, and to that end demands a Bond, for Resignation at pleasure, or when his Son or Friend comes to be sit. This halter's Horse's consciences, without boggling. He can't say, the Patron hath a living to sell: the word Sell would affront conscience, and proclaims an open lie: for the Patron presents a Minister, not a Proctor, to the Church; not Parsonage Barn; to the cure of Souls not of Tithes: and accordingly the Bishop institutes. The Parsonage is but a consequent, provided by charitable Laws, to support him in his Office; and was never in the Patron. For as the Digests affirm, in their barbarous; style; v. l 1. tit. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Sacred things are of Divine Right, and are holden of no Lord. The truth of which, in our Law, will be considered hereafter. The Patron presents to the Church real, rather than Metonymical; that is, to the Christians living in such a Parish, to whom the Archdeacon, by the Bishop's mandate, opens a Temple for public worship. Can the Agent say, the party treated deserves not the whole profits? this were to affront him: and to shame his Matter that made so ill a choice. Doth he say, the Patron deserves a gratuity? but than it must be free, and may be done after, without bargain. Yet the very attempt to bargain, shows the Patron unworthy; by striving to betray his trust, and to daub himself with the defilement of Simony and Sacrilege; and to introduce a Priest by Perjury. But what can the poor Priest reply to abate these high demands? Is two hundred pound too much, to purchase the Office of Christ's Ambassador? that were to vilify his Master and Calling. Are not the souls of the people worth half the money? What need is there then of any Pastor. Is it a mean Office to be Priest of the most high God? and a Saviour of himself, and them that hear him? what then is great? O unfortunate Market! where neither Buyer nor Seller can speak sense. But you will say, the Minister will transact this part by a friend; true but this is to defile two conscience instead of one. 2. The Clerick is the more guilty, for doing by another, what his own conscience is ashamed of. 3. And the guilt no less, for Proximus cujusque est quisque; he knows well enough, Qui facit per alium facit per se. David was not excused for Uriah's Murder, though slain by the Children of Ammon. Nor Ahab o● Naboth's Murder, though he lent not: stone. Nor St. Paul of devout Stephen Martyrdom, though he lifted not singer against him. Nay if done with out the Incumbents privily, he is; a Simonist in Law; as will appear a non. And an after discovery obliges him to grief: as not called of Christ, who calls none by sin. As a Thief that came over the Wall; as one that hath long lived upon the wages of unrighteousness. And is bound to Resignation, as Henry the 8th, was to separation, if the marriage were incestuous, though not discovered till twenty years after. 'Tis no good Title to a stolen Horse that the Thief gave it to him, though ignorant of the Thievery. Accordingly, the Novel Constitutions outed him. Phot. Nom. Tit. 1. cap. 24. Scholar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And the Transactor (whom the imperial Law, as well as the Canon calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) &c, L. 3 Basil. tit. 1. c. 9 & Phot. Nom. tit. 1. c. 24. Scholar and the Latins call Interventorem, Proxenctam, etc. is within the reach of justice too, and punished in double the sum contracted for: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: and if he were a Clerick, it was Degradation, but to midwife this impure birth into the Church. 2. Particularly, the things Contracted for. Which are as various, as the subtle Serpent's windings; to elude the Laws, and cozen the consciences of men: which never appear long in any one shape. So that the Schoolmen are fain to say, Simony is committed not only by giving Money, sed versatur in iis omnibus, quae vel pecuniae aut pretio possunt aestimari, and contains all valuable Conditions in order to a promotion, to any spritual preferment. Calv. Inst. l. 4. c. 5. s. 6. Calvin distinguishes them as many others before and since have done, into munus a manu, munus a linguâ, and munus ab obsequio; which different ages have differently explained. 1. That a Manu, intimates money or moneys worth: whether Goods Cattle, Bonds, Covenants, Leases, or glebes or tithes at half rates, or to debar tithes, in some particular grounds; or to perfect injurious practices, ripening them into Customs but who can reckon all the strange turn of this crooked Serpent? It would affright an innocent conscience but to peep into these dark Cavern of iniquity. 2. That a Linguâ, is commonly understood to lie in flatteries: but may extend to giving verbal Promises, to offer intimations of willingness, to renounce the Church's known rights or to acknowledge feigned Debts, to be due to the Patron, before such Negotiation. Or to give leave to sel● the Timber of the Glebes, etc. but who can account, for the sacrilegious prodigality of the tongue? 3. That ab obsequio, when a man shall wait on the Patron gratis, or submit to pay some of his debts: or become his Steward, or Bailiff for nothing, or to entertain himself or Servants, as oft as they come thither: or to be Domestic Chaplain: or to teach his children gratis. Which is to pervert God's Minister, from the Altar, to attend the Patron's drudgery. And to build up his own house with God's Revenues. Having considered the means, let us now view, 1. the greatness of this sin in general. 2. The sad consequences that attend it. 3. The severity of the Laws made against it. 4. That of Bond Simony in particular. 1. We may consider the greatness of this sin; 1. In its original cause, which is Avarice. 'Tis the viperous Spawn of that root of all evil: and therefore is not only equal to, but identical with Idolatry. Eph. 5.5. Since the Selling of God in his gifts for Money; declares we value money above all. The Pharisees thought Gold greater than the Altar: but the Simonist (worse than the vilest Pharisee) thinks it greater than the Temple, and its owner too. Covetous Midas turned his food; but this the bread of life into Gold. The Golden Number with them, is much before the Dominical Letter. Both Buyer and Seller concluding, that Money is a valuable consideration, for all things concerning Religion. They would be thought fine Gentlemen, whom God brands with this mark of filthy lucre. What will they answer, when at the Judgement seat, God shall deride them, in the scornful words of the Prophet; a goodly price that I was prized at of them. Zech. 11.13. It seems then, Judas is not the only men that sells, nor the Jews the only men that buy their God. And the great Iharasius saith, Tolerabilior est Macedonii haeresis; that made the Spirit a Slave to God; than the Simonist that makes him the Merchandise of men: Dec. 1. q. 1. cos qui, etc. for when we sell him as our beast, or our Slaves, we declare him our Slave; and that we have dominion over him. No doubt, these earthly souls, count gain the greatest Godliness: and with King John, would sell their faith, as well as Churches, upon good Consideration. Thus have we restored, the Buyers and Sellers into the Temple, whom Christ whipped out. Per nummularios (saith St. Hierom) are meant, beneficii ecclesiastici venditores, Math. 21.12. Joh. 2.16. qui domum Dei faciunt speluncam latronum. And Greg. Mag. explains, L. 7. ep. 110. Columbas vendere, est de Spiritu Sancto, quem sibi Deus per impositionem manuum hominibus tribuit, commodum temporale percipere. Upon this account, the Church hath been oft branded, for preferring Lucratinas arts loco Theologiae, as Alliaco notes. In. ep. lib. de emendat. eccles. And the Germans sadly complain, that their greatest Churches, ob pecuniam, infimis hominibus conferri; V 100 Grav. Germ. were conferred on the dregs of men, for their Muck. And the flattering Canonists, to ease the Popes and Cardinals Consciences, in selling of benefices, V extra. de ofsicii Judicis Deleg. ex parte N. inglos. cunningly distinguished, between Simoniaca jure divino, and jure positivo; making the buying and selling Sacraments (a thing seldom done, and of little profit) to be Simony by divine Law: and selling benefices (the greatest, as well as wickedest trade driven in the Church) to be Simony; only by positive Law: quo laxiores in peccando reddant conscientias, says one. And another of their own; In aureo speculo, cries out, O Peter, Peter, what Troops of Souls hath this superstitious and damned Distinction sent, and yet doth send headlong to hell. It is the occasion (says he) and opens the way to their everlasting damnation. Let greedy Patrons (if they can) show any one title of divine Right, or humane Law, that favours so vile Oppression. Or else let their Consciences acknowledge, with the fathers: Avaritiam Simoniae Matrem, that it hath no other Womb but that of Avarice. And then let them remember that old Verse, Si vites mortem vites saligia mortis. 2. From the villainy it discovers; that we have a very slight esteem of God and Religion. What could discover the profaneness of Esau's mind, Gen. 25.33.34. more than to sell his Father's Blessing and Birthright which carried the Priesthood with it. The Scripture saith, when he had sold it, Thus Esau despised his Birthright. And thus was Jeroboam convicted of a false heart towards God, in that he consecrated, whosoever would purchase it, to be a Priest to the Lord; 1 King. 13.33. even of the lowest of the people. What is this, but setting our Religion to sale? And what can more evidence, a carnal and worldly mind? such a one is eased of all farther trouble of examining his heart, and may take St. Peter's word for it (as a case already judged) that he is in the gall of bitterness, Act. 8.23. and bond of iniquity. Doth not he deal barbarously with God, that will not let him have a Priest to serve at his Altar; but at so dear a rate? Had these Patrons lived in the time of Christ, would they not have attempted to force a Fine from him for his high Priests Office? Is not this making God a Merchant, and retailing his Blessings for Money? Had not Gehazi a sordid opinion of God's gift to Naaman, that would value it at the rate of a Talon of Silver? 2 King. 5.20. How strangely would it look in Christ, had he turned Stones into Bread, and then set up a Baker's shop, and sold Loaves for pence? Or to have turned Water into Wine, and then have retailed it by Quarts, for Money? Or to cure the Sick, Blind or Lame, and then called for his Fee? Or to catch Fish by miracle, and then furnish the Shambles for Money? By so doing, he had showed, 'twas Earth not Heaven; 'twas Gold not God that he valued. Hoc enim est sub pretio redigere gratiam, Can. siquis episc. d. quest. quae vendi non potest. Says the Canon, to set a rate upon grace that cannot be sold. Apol. c. 39 For as Tert. well notes, Neque enim pretio ulla res Dei constat, nothing of God is saleable. So that, if the people sinfully pinch on the Parson's side, the Patrons do more profanely pinch on God's side; yea they sell their own Reputation for honesty, and allow as many as know the contract, the liberty to esteem them sacrilegious Atheists. 3. From the inexcusableness of the Crime; it being much more honest to die for want, than live by robbery and sacrilege. F. de offic. praetor. L. Barba●●● colum. 2. See what pains the fawning Canonists are at, to excuse the Pope, in this wicked practice. Baldus holds, he can't be a Simoniack, though he take Money for Benefices; and so says Bartol. and Theodoric speaking of the schism between Urban and L. 1 c. 32. Clement, gives the reason. Quia Simonia excusatur per authoritatem ejus; that is, he is supreme, and none can judge him for it: but sure every Patron, swells not to this Papal height. The Summa Angelica saith, that Simony is de jure positivo, and the Pope can't be bound by his own constitutions; De offic. judicie deleg. ex parte N. but sure the Laws against Simony are not the constitutions of private Patrons. Felinus' excuses him out of charity; because of the Pope's great profit. Nam cessante tali redditu qui maximus est, sedes apostolica contemneretur. As if 'twere lawful to live by unlawful means; and cause enough to justify thievery that we are poor: and that actions were then justifiable when profitable, and the greatest Offenders were the least Criminals. 'Tis strangely bold, to rob God to uphold our pomp and train. But the of Florence, argues much better, Papa est Dominus rerum temporalium, by his Charter Tibi dabo claves; and therefore may do what he will with his own. But will our Patrons pretend to any such Dominion; could all the wits of Rome have found any better excuses; the Pope had not wanted them: yet after all this ado, several of them stand infamed for this odious crime. Langius charges Boniface the 9th with horrid Simonies: Chr. add an. 2404. and Plutina many more: Calvin cannot excuse one in a hundred: and Marlarat condemns them all: vix in toto Papatu reperiatur sacerdos, qui non palam sit simoniacus: and so says their own gloss Roma est caput avaritiae, In Act. 8. ideo omnia ibi venduntur. And 'twas grown into a Proverb; De modo celeb. Conc. Tr. 20. Omnia Romae vaenalia. Yea, so common saith Durand, as if it were indeed no sin. Insomuch that every School boy can tell us. Vendit Alexander cruces, altaria, Christum. Vendere jure potest, emerat illi prius. But why do we travel beyond sea, to find what too frequently occurs at home? Many seeming Protestants, having made this piece of Popery their own; and reduced it into daily practice: yet have less to say for it than those abroad. Our Laws suppose the Patron a Defender; 'tis strange they should find him a Defrauder. I wish they find not the Old saying true, Proditores sunt sui Perditores, for commonly such Traitor's end in tortures if not of body yet of mind: the Worm of sacrilege gnawing on their Liver. 4. From the abhorrency good men in all ages have had of it. Dr. Taylor thinks, Dust. Dub. l. 2. c. 3. r. 3. n. 4. there needed no law against Simony; for all men had light enough to detest it without a Law; and holds it sufficiently condemned by St. Paul's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; though not the same crime with Simon Magus, because 'tis like it. But if it be true, that Magus attempted to purchase a part in the Apostles Ministry, as we have proved before; and St. Peter's answer imports, I see not how the learned Doctor will clear it, from being the same crime; and so justly wears his name and reproach. The Canon calls it Crimen Capital: Qui studet. 1. q. 1. and the chapter Sicut 6. affirms, nullum atrocius peccatum, no viler sin can be committed. That zealous man Isidor Pelusiota, writing to Leontius, calls the Simonists 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Lib. 1. op. 315. as the true murderers of Christ: and indeed they break open the door upon him, with their Golden Wedges, and force him to accept their service and violently ravish his Spouse the Church: Or at least force her to marry them or none; deposing their Saviour beneath the golden calf, and selling him to any Caiaphas for Money. How brisk and keen the Fathers are upon this crime; In Matth. 12. may be seen in Hierom, and St. Augustine in his 37th Sermon to the Brethren in the desert, in Isidore Pelusiota and Greg. L. 5. ep. 276. the Great, every where, but especially in his 4th Book and 50 Ep. to Virgil Bishop of Arles: So is Tharasius Patriarch of Constantinople, in his Synodical Epistle to Pope Adrian: and Gelasius zeal may be seen in his Decretal Epistle, Dec. 2●. 2. q. 1. c. quos constiterit. where he determines, dantem pariter accipientemque damnatio Simonis, quam sacra lectio testatur, involvit. Neither giver nor taker can be saved; but are both involved in the same condemnation with Simon Magus. And Echbert says, they that strive to enter by Money, a deo maledicuntur: and if they prevail, 'tis donum irascentis Dei: they have it not by the grace, but indignation of God; ut tanto damnabiliores fiant, that they may be more the children of Hell than ever. And when the Simoniacs answer, that they neither buy nor sell spiritual, but temporal things, as Tithes, Glebes, etc. he replies, Nam quisquis horum alterum vendit etc. Eikbert advi. Catharos serm. 10. in Bibl. patrum. He that sells one thing, without which the other can't be had, sells both, and he that buys, buys both: as he that sells a Mill, sells also the water with it; though it be a daily renewing blessing of God. And thus he affirms, Pope Paschasius determined the matter. In a word, to make it the more odious, they appropriated a certain word to it, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 filthy lucre. conc. chal. can. 2. tit. 1. c. 24. And the fathers in Conc. Chalc. pronounces an anathema on such as are guilty: which so affrighted that great Patriarch Photius' Conscience, that in his Scholia on the Nomocanons, he falls to his Prayers saying, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: adding if God should be pleased to mark their transgressions, who may abide it? yea so bitter was the whole body of Christians against it, that whereas the Canons had disabled many ranks of men from witnessing against the Clergy; as Jews. Heretics, L. si quenq. 31. d. ult. Infamous, Stage Players etc. Yet here as in treason, all mankind were allowed accusers. Hear Ivo Carnot. Praeterea secundum consuetudinem etc. Furthermore according to the custom of the Roman Church, Ep. 27. ad Eudonem. they act otherwise against Simoniacs and the heresy of the Neophites, than against other crimes for whereas in other accusations, the honesty of the Accusers, and Witnesses is considered; to convict these even infamous persons are admitted: and 'tis probable the reason was, that none but infamous persons would be privy to such infamous actions. Having viewed the greatness o● the crime, let us consider, 2. It's miserable attendencies. 1. In unhappy events. Baronius tells us our 〈◊〉 of Desideratus, Annal. add an. 1047. that Pope Leo the 9th having suspended a Bishop of France from his Office, a Presbyter with a good sum to the Chancellor, procured his Absolution: which Leo understanding, said to the Presbyter, Th● Money perish with thee; at which he fell out of his wits; and could never do business more. So Malmsbury and Math. Westm. tell us, that Hen. 2d. Emperor, was three days fearfully haunted by the Devil, for being guilty of this scandalous sin: and Pete● Damiani tells us of a Priest, Ep. 15. c. 2. that could never say the Doxology after his Simony: but seemed choked at those words: and to the holy Ghost. Gehazi's leprosy is not unknown to any that have read the Scripture, for taking money for the gift of healing. Jason a bold Simonist, purchased the Priesthood of Antiochus Epiphanes at the price of 360 talents, and a Pension of 80 talents: 2 Maccab. 4, 8. but Menelaus outbid him by 300 talents: and got the high Priests office from him: but both came to fearful ends; for Jason was accused before Aretas King of Arabia: fled from place to place, 2 Maccab. 5.8. pursued of all men, hated as a forsaker of the Law, and had in abomination by his Country, having none to mourn for him, nor any solemn Funerals nor Grave with his Fathers. And Menelaus was judged a wicked Wretch, the cause of all mischief, and was put to death by Antiochus at Baraea pounded, up with Ashes in a Tower rather than a Mortar of fifty Cubits high, not having so much as burial: and that justly (saith the Author) because he had committed many sins about the Altar, 2 Mac. 13.5.8. whose fire and ashes were holy: therefore he received his death in ashes. If a man escape public vengeance, yet so many Curses cannot but lie fretting and burning him at heart; so as to deprive him of his sacrilegious pleasures. As to the Seller his horrid end is scarcely unknown to any man. 2. The Buyer and Seller both come to a very bad Market for both lose. Eman. Saaphor in v. Simonia. The Buyer gets nothing is plain by that known Maxim of the Casuists, Collatio beneficii Simoniaca nulla est; and by the Bull of Pius the 5th, he is inhabilis ad alia, uncapable of any other Benefice, and that we shall show is true hereafter by the Canon Law. Navarre confesses him uncapable in Law, V Consi. 34. de sem. but might be capable in conscience, and who doubts that upon true repentance, not otherwise; but even that would not make him capable in Law any more: so that he is a mere Intruder and plain Usurper both of his Office and Benefice. Ib. v. Th. Aq. l. c. art. 6. ad 3. c. de Sim. And accordingly qui Simoniaci, beneficium accepit, in foro conscientiae tenetur beneficium relinquere. He is bound in conscience to leave what is Symoniacally gotten. The reason is, the Law forbids any thing to pass by such an Act. And so is the Novel too, as cited by Joh. Antioch, Nomoc. tit. 11. out of 6 Nou. c. 1. v. 9 And such was the Apostolical Canon, and that Cohal Con. c. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Let him that is advanced by Merchandizing in holy things gain nothing by it; but be a stranger to that our or dignity he hath got by Money. So that the Simonist is no Pastor, hath no title, nor did he ever enter the jure but de facto only. The Patron also hath lost his presentation for ever by Canon: pro hac vice, by the Statute; besides the penalty superadded. 3. Both are excommunicated, so it be real and not mental Simony; to wit, Navar. l.c. num. 111. that 'tis not a mere Intention to give but a real performance or obligation; and that neither party are ignorant of it: for the rule is, Simoniacus realis est ipso jure excommunicatus. And the Extravagant affirms the same against the Procurers and Agents, C. l. cap 2. cap. 52. as well as principal. And indeed as Hincmarus Rhemensis citys the Apostles Canon, ei qui pecuniâ dignitatis ecclesiasticae compotes facti fuerint deponuntur & consortio fidelium pelluntur. They that get ecclesiastical preferment by Money, let them be deposed, and excluded the Communion of the faithful. The words are in Alexius Aristinus his Synopsis added at the end, Can. ap. 25 aliis 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Simonis magi instar in perpetuum excommunicetur. A Sentence now slighted, but once, yea many ages together, the most tremenduous punishment on this side Hell; and the greatest that Christ designed in this world against impenitent sinners. It being futuri judicii prejudicium as a Father calls it: and a serious and grave judgement of the wisest and most conscientious men and best Laws; that the Excommunicate is (without repentance) in a state of damnation: which a truly tender conscience would tremble to hear; but Fools make a mock of sin, and of all spiritual judgements that attend it. They fear hanging not damning. A good man would dread being bound in these ecclesiastical chains: or to hear his damnation proclaimed at the mouth of these venerable Canons; whose reverend grey Hairs have been consecrated by the submission of all the Christian world to them. 4. Restitution is on both sides to be made Facinus quos inquinat aequat. Lucan. l. 5. One receives the unrighteous Mammon, the other the wages of unrighteousness: both live on what is none of their own. Cyp. ep. 68 Et dum junguntur in culpâ sic nec in paenâ separantur: they are united in sinning, and can't be divided in suffering. For as Gunther observes, consensu culpae meruit consortia paenae; agreement in sin, calls for agreement in punishment; accordingly the proemium on one side, and the profits on the other are to be delivered to some charitable use as Goods unjustly gotten. L. 2. col. 15. Cou. l. c. n. 6. Jure divino Simoniaca pecunia restituenda est; say Soto and Covarrun, and many others. This Law of Restitution, is no invention of Schoolmen or Canonists, nor one of the Popish traditions or unwritten verities; but came from the holy Ghost by the Pen of Moses. Leu. 6.4. He shall restore what he took violently away; which will refer to Patrons that force Money out of their Presentees, Or the thing he hath deceitfully gotten. That relates to both Patron and Presentee, both having agreed to deceive the Law, the Church and Religion too. But many choose to go to Hell with a full purse, rather than to Heaven with a clear conscience. Hence 'tis so few vomit the surfeits of their Sacrilege; yet 'twas well practised by a true convert in the Gospel; If I have taken any thing from any man I restore him . But more of this anon. 5. The people in Communion are many ways injured by it. For 1. The Patron chooses not the best man for their use; but the richest for his own. If he can but purchase, 'tis no matter whether he can perform his duty or not. If his pockets be but full, 'tis no matter how empty his Scull: for the Patron is to edify his own purse, not his people's souls; and therefore like Judas will sell though to accursed Caiaphas. Hence the Princes complain they were disposed to such, ●ent. grav. Qui ad mulos magis quàm ad homines pascendos & regendos essent idonei; as were fit to fodder beast, ●on●. delect. 〈◊〉 ad ●ant. 3. than feed men. The Cardinals call them homines imperitissimos, vilissimos malis moribus praeditos: Indiscreet base, and evil men were brought into Church preferment. They were (as the Emperor Frederick calls them) Non tam praedicatores quam praedatores, non orbis Reparatores, says he to Pope Adrian, quam auri Corrasores. And here by William of Wickams' leave, 'tis Money not Manners makes the man; but it mars both Religion and Learning. 2. Hospitality and charity to the Poor must needs be abated: For 'tis morally impossible the wide drains of Simony should leave the Purse as full as it would be otherwise. Nor can a Living maintain both Parson and Patron, as well as it would maintain the Parson only. The fuller the Patron's purse, the emptier the poors belly: and the more he gets the less the Parishioners can expect. So that the Patron's gripe, pinches not only the Parson, but the Parishioners and Poor at once. 3. It makes the Incumbent the more exacting: Petrus Fullo purchased the Chair at Antioch by bribing Apollinarius' faction; and then used it so ill, that John Bishop of Cyrus deposed him, and Zeno banished him, says the Synodical Book, Anno 482. The Palls of Mentz Coloigne and Saltzburg advanced from 10000 Ducats, to 24000 apiece, make the people groan, who are always fleaced to pay it. James Archbishop of Mentz dying soon after he was preferred, was not troubled at his death, but that his poor Subjects should so soon again be compelled to pay a grievous exaction for the Pall. Which Maximilian the Emperor calls palliatum Simoni-amactoak, for Simony in his Letters to Adrian the 6th. These payments like Excise imposed on Ale by Frederick Duke of Saxony, Chro. ad an. 1486. made the Sellers mensuram minuere non absque grandi scandalo & murmur Communitatis, says Langius. And so will these payments give men occasion to abate their care of the people's safety, and to be very strict for their deuce. Coming to it as to a Farm rather than a Church. And as our Statute 21. Car. 2, imposing 9 d. per Barrel on Ale, indemnified the Sellers as to rate or price. So must the Patron be quiet and permit his fluxed Presentee to reimburse himself though by very oppressive means. Plut. in polit. preceptis. Plutarch says, you may not enter some Temples till you have laid down your Gold; because 'twas counted a heinous crime to bring it in: but many in England can't come into the Temples without it: though persons cry, In Sancto quid facit aurum? What Concord between Christ and Mercurius, the Temple and the Market? yet these two things that agree no more, says Dr. Taylor, than Contemplation and a Cart-rope, met in Jerusalem: and are no Strangers in England but to the public calamity. For the Patrons great purge makes the Priest by't sharp to supply his empty Bowels. 4. And the Presentee is made by it uncapable of his Office; for how should the people believe a perjured man? Qui culpas debet emendare committit, says Gregory. He that should correct, commits the faults. Lib. 7. ep. 113. How can he condemn indirect ways in others, that practices them himself? Can he press self denial, that hath ventured his conscience and credit both for self Interest? Can the Patron reverence him at the Altar, whom he knows forsworn at the Consistory. And how can the people honour him as a Divine, whom they know to be a worldling? What guide will he prove, that miss his way at the very entrance? How can he join in Communion with them, whilst his conscience is not cleansed by Repentance? And what Repentance can there be without Renunciation and Restitution: but of this more hereafter. 5. His peace and safety depends on the silence of the Patron, Procurer and Agents: which makes him a Slave to wicked and covetous men; so that he dare not rebuke with any authority: greater servitude his Enemies can't wish him. They can blow him away with the breath of their mouth, he stands so tickle. If they confess and amend, he is ruined. 'Tis a kind of treason against God, of which he must fear the discovery: nor can he sleep more sound than the Thief; that fears some of his Accomplices may betray him. The neck of his Incumbency is in their Halter: and they may sniffle him when they please. Eusebius Bishop of Nicomedia that famous Arian, hired a Quean to swore that holy Eustathius got the child in her arms: and so got him banished. But after being sick, she confessed what sum the Arians gave her to swear against her: and said, 'twas one Eustathius Aerarius got the child; which turned to the ruin of the Contrivers. In Christo Justell. tom. 2. v. lib. Synodalem. He is no safer than the unchaste wife, that dares not deny her paramour any thing, for fear he tell: and looks pale (like Faux and his Conspirators) lest the truth should come to light. O unhappy Preacher! that fears light more than darkness. 6. Lastly their Incumbent is all good men's scorn if known; Joh. 2.16. our Saviour never shown a brisker zeal, than against the Bank and Marketting in the Temple. 1 King 5.27. How sharply doth Elisha proceed against his Servant Gehazi, for this crime; clapping the disease of Naaman incurably upon him and his seed for ever. Numb. 22.7, 8. The Angel with a drawn sword resolves Balaam's ruin, for going to sell his blessing. St. Peter shows the occasion of his displeasure; 2 Pet. 2.15. that he loved the wages of unrighteousness: and so we may take that place, Judas 11. that the Gnostick Teachers ran after Balaam's error to sell their prophecy and blessings for reward: by this Balaam kindled the wrath of God against him. Numb. 22.22. After this crime, old Isaac would not bless his Son Esau, though he sought it with tears. Heb. 12.17. That subtle Magician Hildebrand, knowing how hateful this sin was to all good men, blackened Henry the 4th. Emperor with it; in hope to draw all men's affections from him. Plat. in vit. Greg. 7. Though 'tis most evident, that Prince deposed Hereman the Bishop of Babenburgh; for entering Simoniacally. And he sat in the Church of Babenberg, to present to the rich Abbey of Fulda, and had great offers for it: but he was ashamed of them; and called out an humble Monk of Helvord, named Reucelinus, whom he preferred to that dignity. So again in a great strife of bribes for the Lorissan Abbey; V Lamb. Schassmaburg. Chron. he rejected all, and presented one that never thought of it: and commended Severus' way of rejecting Obtruders, and accepting the most modest as most fitting. But above all instances, see St. Peter's zeal against Magus, Pereat tecum Pecunia tua. When he would have purchased the Bishopric of Samaria, or an Apostleship (as hath been formerly showed) and as Urban 2d. seems to believe, in his Decretal Epistle to Lucius Provost of St. Juventius, Anno 1099; where he argues that to buy Church livings was Simony: because Magus did not desire the holy Ghost of whom he was unworthy, but the power to give it to others, as the Apostles did: upon which in just indignation, the Apostle stooke him, Epist. 237. voce tonitrus says St. Bernard, with that thundering sentence: knowing 'twas the profit of bestowing those gifts he looked after. For he considered how cheerfully fathers would deposit great sums to procure the gifts of Tongues to their children, without the harsh and tedious Padagogy of Schoolmasters. And how ready rich men would be, to purchase wisdom and gifts of prophecy, and to understand all mysteries: if they could be had in a moment; so that they were the res Ecclesiasticae, the profits of Religion he aimed at; and therefore that is the first notion of Simony. And against it that great Apostle is so hot. What favour the Fathers had for it, hath been showed in part, and may be easily conjectured by the sharp Canons made against it. We will conclude this part with the zeal of that mirror of Learning and all goodness. Dr. Michael Honywood late Dean of Lincoln: who was wont to protest, he would no more converse with a Simoniacal Clergy man, of what rank so ever, than with a Felon burnt in the hand, or branded on the Forehead. Yet as hateful as this crime hath been to all good Christians; former ages have not been so happy, as to be free from this accursed practice: no not the hither side of the Primitive times. For Peter Patriarch of Alexandria, and immediate Successor to the great Athanasius, sadly complains of Lucian the Arian, his Simoniacal invading of that See. That he did it not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Theodorit. lib. 4. c. 20. as Theodorit reports it: and 'tis not to be wondered at, if a usurping Bishop, and monstruous Heretic, enter by Goldsmith's Row, into that famous City of Alexandria. Isidore Pelusiota gives Cyril the Patriarch an account, of Martinianus a Presbyters robbing the Church of Pelusium, Isidor. Pelus ep. ad Cyril. for money to buy Votes at Alexandria, for his Election: upon which the holy Patriarch threatens him with Excommunication, unless he forbear. It seems, 'twas too commonly practised at Constantinople in those early days: for Evagrius tells us, Evagr. l. 2. c. 2 that Chrysaphius a Commander of Theodosius Guards, demanded of Flavian Patriarch of Constantinople, satisfaction for his advancement to that See. But to shame him for so base a demand: Flavian sent him the Communion Plate of the Church. To revenge which indignity, Chrysaphius and Dioscorus together procured him to be kicked or trodden to death, in the Eutychian Council. Dioscorus of Alexandria, was also promoted by the same Simonist Chrysaphius: yet was not fully convicted, so as to be excommunicated for it till after his death; the subtle Merchants having cloaked the Simony, Evagr. l. 2. c. 4. under the dress of some civil power, that he had purchased: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: yet Eusebiüs Bishop of Dorilaeum, so far detected him, in the great Council of Chalcedon, that the second Canon was voted (upon that occasion) against Simony. We read also of an accusation, brought before St. Chrysostom, by six Asian Bishops, against Antoninus' Metropolitan of Ephesus; as, for other things, so particularly, for taking Money for Ordination. Palladius in vita Chrysost. It seems it was so common to buy it, that the Ordained pleaded a custom so to do, and if that they sinned it was ignorantly. But St. Chrysostom degraded them: and Antonine being dead, he enabled them to recover on his Heirs, their Money got from them by fraud and Simony. Pope Simplicius tells us, of his deposing Gaudentius Bishop of Aufin, Simplic. epist. 3. and all ordained by him; being convicted of Simony. And to prevent it, Justinian decrees, that the Electors who sign the Instrument of choice, Novel 123. should take an Oath, that they named them not for Money, or promise, or any other thing but the real worth of the Elect. The methods also of Elections, were often altered to prevent this insinuating wickedness. Sometimes the Clergy and People chose three, Novel ib. Anno 541. and the Metropolitan and Bishops of that Province picked out one. Sometimes again the Metropolitan and Bishops propounded three; Conc. Arelat. ● Can. 54. and the Clergy and People chose out one: as was decreed in the Council of Aries. Zeno the Emperor shut up the great Church doors of Constantinople, left a fair Paper on the Altar, gave the Key to an Eunuch, ordered fasting, Niceph. l. 16. c. 18. and Prayers forty days; that God would order them a Bishop. Flavit as borrowed Money of the Bankers, bribed the Eunuch, his name is inscribed, and accepted as a Patriarch divinely called: but the Bankers tell where the Money was borrowed, and he rejected. Thus every age hath applied some remedy, to this growing disease, which is not yet extirpated. Greg. Mag. held a Council at Rome to obviate it: where it appeared, that money was taken in the name of Fees to Clerks and Notaries. Greg. Decr. in Conc. Rom. can. Therefore they decree that thenceforth no Fee should be given for Clerks labour, Instruments, Paper, Wax, Pall, or any other thing whatsoever. Yet they left it to the Parties discretion, to give some small gratuity, at pleasure. It would tyre a well breathed Reader to repeat all that Charles the Great's Capitulars, and later Councils have determined in this matter. I shall only observe, that hitherto, this crime hath been too hard for humane, wisdom: Averruncet Deus. 3. We are now to consider, the severity of the Laws made against it: which we will consider 1. as Canonical, 2. Civil, 3. Statute, and 4. Common Law: we shall begin with the Canon Law. 1. The Canon Law, Greg. Magn. observes to Theodorick and Theobert Kings of France; that Simony was of the Devil's plantation: Et in ipso ortu suo, zelo apostolicae ultionis percussa, damnata est: Greg. l. 7. ep. 114. that it was blasted by St. Peter's Thunder in its first budding. And from thence the Church held Simony to be a haerely: now we may reasonably guests, they intended not the practice to be so; but the opinion of its lawfulness, against the Apostles and all succeeding Councils judgement. The Apostles Canon declares (as in Johannes Antiochenus collection; Can. 29. tit. 11.) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. If any Bishop, Presbyter or Deacon hath attained his dignity by Money, let him be deposed, and him that ordained him: and let him be altogether cut off from the Church; or Communion, as the Latin version hath it; Alexius Aristinus in his Synopsis places it Can. 25. and it differs a little in words rather than in sense. The next is the second Canon of the Council of Chalcedon; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. If any Bishop shall cause Ordination for Money, and bring unsaleable grace to sale, and ordain a Bishop or Presbyter or Deacon, Codex Can. ecclesiae universalis hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 between Bishop and Presbyter. or any one that is numbered in the Clergy for Money; or shall advance any Steward, Advocate or Mansionary for Money: or any at all of the Canons for his own filthy lucre. He that is convicted to have attempted it; let his own degree be endangered. And he that is Ordained, let him be nothing profited by his Ordination or promotion got by Merchandizing: but let him be without his dignity or cure which he gets by Money. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And if any shall appear an Agent in this base and unlawful gain; if he be a Clerk, let him fall from his own degree: but if a Laic or Monk, let him be Anathema. There are several other Canons to this purpose made by later Councils; as Can. 22, and 23. Conc. 6th, and Can. 4, 5, 19 of the 2d Nicene Council; Tit. 1. c. 24. and many others reckoned up by Photius in his Nomocanon: and Antiochenus,; not needful here to recite. But by these 'tis manifest what care the Church of God ever took to suppress this growing mischief. 2. We now come to the Civil Law. The holy Emperors found that the Crosier was insufficient to beat it down, unless their Sword were joined with it: and therefore Novel. Const. 130. cap. 19 Decrees, Vide Joh. Antioch. Nomocan. tit. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. V Just. Nou. 6. & 123. & 56. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; both giver and taker and deprived of the Priesthood. And Novel 6. c. 1. v. 9 says, the Receiver shall restore the Money, as well as be outed; and he that gives, shall lose any former preferment he had. And there is an Oath required of the Ordained in order to a detection of the crime. And again. L. l. 1. tit. 3. Const. 30, 31; 'tis decreed that none shall give aught, but the Clergy of the great Church of Constantinople; and they that give, are bounded to a single Diary of one year only. V Phot. Nomocan. tit. 1. c. ●. ex l. ●. Basil. tit. 1. c. 9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And 'tis farther provided, that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, all gifts or promises shall be confiscate to the Church for which they were given. But concerning this last, the Canonists and Casuists are much divided. For some think if the Receiver repent before sentence juridical; 'tis to be restored to the party from whom he had it. If after, some think it belongs to the Church, others to the Poor; but most think 'tis forfeited to the Pope. Vide Navarre. Convar. Soto etc. in Sa's Aphorisimes. But this Constitution, was left out of the Basilicks, and therefore is deemed void: but then Justin. Novel. 123. cap. 2. is much the same, and is in 3. lib. Basil. tit. 1. c. 9 only there 'tis alike dangerous to give Money to any other Person. V Phot. Nomocan. tit. 3. c. 24. Sch. And further adds, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: so that the Agent or Contriver if a Layman, was to pay double the sum received to the Church, or next Successor say some. See also the Collection of Balsamon, ex lib. 1. cod. tit. 3. num. 30. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Where 'tis decreed that to give or receive Money to be ordained or chosen a Bishop, shall be deposition, and he shall be branded with perpetual Infamy. So scandalous was this crime in the eyes of all Christian Princes. 3. Nor doth this practice meet with better usage in this Nation, where the Law is as fierce against it, as the practice is for it. The Statute hath drawn its sword against it, and forfeits the benefice so bought and sold, to the King: against both Patron and Incumbent. As appears at large: 31. Eliz. c. 6. Where 'tis provided, If any Person or Persons, bodies politic or corporate, shall or do, for any Sum of Money, reward, gift, profit or benefit whatsoever, directly or indirectly, present or collate, any person to any Benefice with cure of Souls, dignity, Prebend, or living Ecclesiastical: or give or bestow the same for or in respect of any such corrupt cause or consideration; that then every such Presentation to be utterly void: and every Institution, Admission, Induction, to be of none effect in Law. And that it shall and may be lawful, for the Queen, her Heirs and Successors, to present, bestow every such Benefice for one turn only. But this is not all; for 'tis farther provided, that every person that shall give or take any Money— or give or take any bond or promise — shall forfeit (for their corrupt dealing) the double value of one years' profit, of every such benefice, to the Queen and Informer. And the Person so corruptly taking, or accepting any such benefice; shall thenceforth be adjudged a disabled person in Law, to have or enjoy the same benefice. The like forfeiture is made, if any person give or take any thing above the usual Fees for Institution, Installation or Induction. So likewise if any corruptly resign or exchange any Benefice for any Pension, sum of Money or benefit whatsoever. The giver and taker both shall lose the double value of the sum so taken, to the Queen and Informer. And 'tis provided, this Statute shall not extend to restrain, or abate any Ecclesiastical Censures or penalties against this crime: but the same shall remain in force, and may be put in due execution. So that the Statute is but accumulative not derogative to the spiritual power. The three Estates of the Kingdom joining all their force with the King and Church to pull down this rampant Oppression. There is a farther Clause; that the giver and taker of Money for Ordination, or Licence to preach or serve a Cure, above the usual Fees, shall forfeit, the Give 10 l. and the Receiver 40 l. a piece for so doing; and the Giver be uncapable of any Living for seven years after such corrupt purchase. Thus it is in the book of Statutes: why the Abridger should make the penalty 10 l. a piece; or Sir Simon Degge should willingly say, the Receiver was punished in forty Shillings, is hard to guests. He bid his Parson note, that the Statute is more severe upon the Clergy man then the Officer: Degg. p. 1. cap. 1. p. 57 for the Officer only forfeits forty Shillings, but the Clergy forfeits ten Pounds; which is irreconcilable with the Statute. Having showed the substance of the Statute, we may view the practice as the Lawyers have reported it. They say Trin. Jac. 8. all the Justices agreed, That a Presentation is void, if for Money, though the Presentee know nothing of it: and the King may present. If so then, the Presentee is a Simonist in Law not in conscience. And here Sa's Caution is necessary, that the Presentation fail not; Cok. 12. Rep. f. 74. Si quis tuo nomine ut beneficium perderes pecuniam dedit pro eo. For the Report (as Coke sets it down) relating not to them that give to prevent, but to procure you the Living. Others show that Simony may be committed, neither Patron nor Incumbent being Privy to it: for the forfeiture is made by the Simony, whoever be the Agents in it: as if the Presentees friend bribe a Courtier, and he prevail with his Prince for the preferment. They that desire to know more in this point, may consult Croaks 1st. part fol. 331, Bawdcrokes Case. Coke Inst. l. 3. fol. 153, being an Exposition of this Statute. Noyes Rep. f. 22. in Pascals case, which (besides many other Considerations) are enough to evidence, Habrep. f. 165. that our Government is clear in this matter: Nor Church nor State favouring this unhappy practice: yet we may say of the vice as the Historian doth of the Chaldeans, they were always banished from Rome yet always there. But because there is a doubt amongst men, what contracts are lawful, and what not, we will endeavour to give some satisfaction. 1. By showing what cases are justifiable. 2. What are not. 1. In what cases it may be lawful to use Money or Money's worth: and sure 'tis lawful to give money to purchase our peace, when we meet with litigious men, that pretend a title to our Living but have none. But then the Presentee must have jus certum & indubitatum in his own judgement; and he must give (not to make a title) but in vexationis injustae redemptionem. This point doth Amesius determine: L. 5. de consc. c. 42. n. 18. Peace we may buy though not benefices, as well our daily bread. But here let us remember the Casuists Caution, In istis cavendus est dolus, & species mali fugienda. Eman. Sa Aphor. in v. Sim. n. ●. And so do Sa's Confessors rules determine, in case any iniquè impediat electionem vel possessionem, unjustly hinder his Election or possession. 2. 'Tis also lawful for the Incumbent to take, and people to give what is judged convenient, for the time he spends, and labour he is at, in ministering to the Congregation: for that is acknowledging his employment, rather than rewarding the desert, which is spiritual and invaluable: rather requiting labour, than paying for Doctrine or Sacraments. And if Ministers be to ride far, to administer either Sacrament, it would be no Simony to reward the journey: our Saviour having assured us the Labourer is worthy of his Hire. And the Apostle affirms, they that serve at the Altar may live by it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And all Christians poor and rich, are commanded, Gal. 6.6. If they are taught in the word, to communicate to him that teacheth in all his Goods. Labour in study and teaching is no supernatural thing: nor necessarily of a spiritual nature, and therefore may be purchased. Hence too, a Chaplain may take pay for his service, because his time and attendance are valuable. 3. To purchase an Advowson in Fee simple is lawful, when the Church is full: Provided you design not to present yourself, Hob. 165. Sesse ' Case. nor purchase it to present any other Party by name. Not for yourself, for that is plain mental and Intentional Simony; and differs nothing from actual Simony; but in mere circumstances, about the manner of presenting, and in respect of time sooner or later. Moor's Rep. 877. Nor for any Party named or present, for if he be named in the Grant; 'twas adjudged legal Simony in Puliston and Winscombs Case 14. Jac. V Freeman, and English case. Mich. 3. Jac. So 'twas in Smiths and Shelborn's case, and many others cited by Mr. Hugh's in his Parson's Law, c. 18. If an Advowson be purchased pro hac vice, and the Party be merely present when 'tis done, though not named, His Presentation is Simoniacal at Law: as the Learned and Pious Sir Simon Degge affirms in that honest and useful treatise, P. 1. c. 5. The Parson's Counsellor. And it seems by Hutton 'twas judged Simony in Law to purchase the next Advowson, lb. the Incumbent being sick as Degge informs us from Sheldon and Bretts Case. We may doubt 'tis malum in se to purchase an Advowson, for one turn, under what circumstances soever; and the Law was so as we shall show hereafter; though practice makes it at present seem otherwise. For what difference is there to a conscientious man, between buying an Advowson that one may be presented, or a Presentation to that end. This is but a Grammar Periphrasis, to express the same thing, and used to avoid the Law, rather than to avoid the sin. 4. 'Tis Lawful to resign a Living in favorem alterius, for the kindness we have to any worthy unpreferred Priest. Provided we believe upon best consideration, that he is more likely to profit the People than ourselves; and that we make no corrupt bargain, nor reserve no pension; for that would make the Resignation unlawful both in Law and Conscience; as the Canonists generally conclude. And so do our Lawyers and the Statute too. 5. Nor could first fruits and Tenths be excused from Simony; both in Prince and Priest: but as they are reckoned a legal Contribution, to support the Civil Government: which the Church is to contribute to, as well as the State: seeing they equally share with others in common peace and protection. For otherwise, what right could any man pretend, to what is given to God and his Church. How came the Sovereign to have more Right to it than the Subject? If Tithes be reserved by the Divine Law to spiritual uses; how came Princes or Parliaments to annul it? Can time, Custom or Usurpation, prescribe against God? King's might reserve Rents or Service, out of Manors of their own Donation; because they may give as much or as little as they please of their own: but with what conscience can they demand the first Fruits and Tenths, of what is given by a Decree of Heaven? Or by the Testament of other men? Is it meet for them to destroy Property? then Government is useless: for its chief, if not its only end, is to preserve it. This device was hatched in the Conclave of Rome; Lang. In Chro. Citizensi ad an. 1404. Platin. in vit. Bonif. 9 Theod. a Niem. schisc. mate. 12. c. 7. muttered by John 22d, but brought forth by Boniface the 9th, saith Langius and Platina; about the tenth year of his Popedom. says Theod. a Niem. And that so rigorously prosecuted, that he made them pay a years profit, whether they could get the Church or not, before they went to it. And often wished they might never get it. But yet this charged only Cathedrals, Abbeys, Tract. de pension q. 25. num. 2. Priories and Pensions above twelve Ducats per annum in the Pope's Books; says Hieron. Gig as. But this was farther advanced in after times, as the Parliament of Paris Remonstrates to Lewis the 11th. act. 77. Marsil. Patau. 2. part. def. pacis, c. 24. So that Marsilius of Milan makes a sad complaint about it. And the Bishop of Menda charges it before the Council of Vienna for haeresy and Simony, and urges its Reformation. Durant. in tract. de mod. celeb. conc. Gen. part. 3. tit. 20. Cusan. conc. cath. l. 2. c. 30. Clemang. de ruina & repar. ecclesiae. And Nicolas Cusanus charges it for Sacrilege and Simony, in the Council of Basil: and vehemently persuades its Reformation. Clemangius saith, they had so far improved the Law in his time; that whatsoever Ecclesiastical Person died or exchanged; the Pope's Chamber should receive all the Fruits, for the first year next ensuing. Guynnerin in his gloss on the Pragmatic sanction, calls them the Buyers and Sellers, that Christ cast out of the Temple, for requiring first Fruits and Annates. Theodor. a Nihem says, many great Divines hold it for Heresy, to affirm such payments can be required, Niem in notis ad tract. de privil. & jur. imp. or such Laws made without the guilt of mortal sin: and concludes they spring from no other Counsel, but the suggestion of the Devil. 'Tis certain the Emperors used not these oppressions, when they gave Investitures: for though they oft took the profits of the Temporalities, during the vacancy; and many times by their Bailiffs, invaded the Goods of the deceased Bishops; upon a pretence of Regality; Lib. de l' Egl. Gall. c. 16. art. 4. V Trosle can. 14. Nemaus can. 5. toulouse. can. 4. Goldastus. which the Bishop of Mascon, in the name of his Dean and Chapter acknowledged the King of France might do: though many Councils had condemned it: and many Kings and Princes had renounced that Right. And in particular Frederick 2d to Pope Innoc. 4th, and our Edw. 1. to the Dean and Chapter of Bordeaux etc. yet they never required any Rents, after the Incumbent was invested. And if there be any one instance of it, it was esteemed a violent Usurpation. Only Popes have pretended right to it, and thence as the best evidence, these parts have believed it lawful. So easily can the Waters of Seine, Thames and Tiber, mix, when profit persuades: otherwise it had sunk with other Papal tyrannies, over this Church and State, in the reign of Henry 8th, who too readily adopted the Papal oppressions, into his own family; even to the continuing scandalous Impropriations, against the common sense of Mankind; but the utter ruin of his Name and Family. Greg. of Haymbourgh a Germane Lawyer, Greg. Haymb. conf. Primate. Pap. in the time of the Council of Basil, makes sad complaints, how much Rome had surcharged Bishoprics and Live with Annates and other Simoniacal Exactions. Great struggling there was in the Council of Constance to have laid these burdens aside: Sess. 40. but it could not be done, till the 21 Session of the Council of Basil: and there the Fathers condemned all Annates, First-fruits, Money for Ordinations; Institutions, Installations &c. forbidding any thing to be exacted in the Court of Rome, or elsewhere, for any promotion in the Church whatsoever. And from thence it was received into the Pragmatic Sanction. And an Ordinance at Orleans, was made against it: in the second Article of which, all Annates etc. are forbidden: but the Capitolian Geese charm all France again, so that Jan. 10, 1562, the King recalls the Ordinance, and the great Leviathan is let lose, to sport himself in the great Ocean of that Nations treasure. But for England, 60000 Marcarum puri reditus Matth. Par. in vit. Hen. 3. It represented to Pope Innocent the Fourth, the insatiable Covetousness of that See; that it drained more Money yearly from hence, than the Kings whole Revenue amounted to. Yet the exaction is continued; though condemned by all sound Divines, for Simony in the Popes. Yea, though the Cardinals themselves, elected to that purpose, assure Pope Paul the third, that it was utterly unlawful, Conc. delect. Card. An. 1538. quod extat in Tom. Conc. after they were sworn, to give him sound and sincere advice. And how weakly 'tis excused by the flattering Canonists, that strive to harden men's consciences into Impenitency, by disguising their Gild, may be seen elsewhere: yet our zealous covetousness swallowed it, without ask any Question for Conscience sake. But so as to declare it a Revenue or Tax, to support the Crown, which though it be very unequal to charge one sort of men, and Lands more than all the rest; and not abating them a Penny, in any other Tax or Subsidy for it; and therefore must needs lie heavy, and be thought a severe dealing towards a Church, that vies Piety and Loyalty, with any other in the world: yet will it not be Simony. We shall now consider what actions are unlawful; and 1. 'tis unlawful to attempt, to obtain any spiritual promotion by Money, or any other corrupt consideration. This was Simon Magus crime, he shown Studiosam voluntatem, an earnest desire, but failed in his purpose. This the Casuists call mental or intentional Simony. It seems by Hughes, the Law lays hold of these attempts: for says he, Simony is so odious in the eye of the Law, Hugh's Parson, Law. c. 18. that (the Church being void) if a man seeks for money to be presented: although afterwards the Patron present him gratis; it was Lord chief Baron Tanfield's opinion, in his argument, in Calvin and Kitchin's Case in the Exchequer: that for the Simoniacal attempt only, he is disabled to take the same Benefice. 'Tis the intention St. Peter so severely sentenced, charging him, Act. 8.21. That his heart was not right in the sight of God. And again, repent therefore, if peradventure the thought of thy heart may be forgiven thee. Yet this thought could make none guilty in foro humano without some overt act to discover it. And thus go the Decretals, If he be detected, I. q. 1. quodvis praemium obtulisse, ex eodem tempore, noverit se esse anathematis opprobrio condemnatum, He was anathematised for offering a gift. And Gratian affirms from Greg. Nazian. Qui studet donum Dei pretio mercari, etc. if he cast about to do it, 'tis a Capital crime, and Simoniacal heresy. Christ whipped the Buyers and Sellers for offering to sale and cheapening. And Gregory tells Siagrius. Qui ultro ambit vel importunè se ingerit, est procul dubio repellendus: for says he, men should not enter the Church suffragio venditorum, but judicio Dei: not by the Mercenary Votes of Men, but by the judgement of God: which appears only when men's judgements are not corrupted with testations. 2. 'Tis an unlawful promotion by Simoniacal means, though the Incumbent be not privy to it: no nor Patron neither. For he is (as the Canons distinguish) Simoniacè promotus, though he be not Simoniacus. In conscience he hath no call from God; C. 17. Num. 16. and in Law, the Benefice is void: yet here as Navarre observes, the Incumbent falls not under Excommunication. It was never thought fit, men should be promoted in the Church by sin, though none of their own. Degg shows in a case of Bath and Potter, 17 Jac. in the King's Bench, that neither Patron nor Incumbent were Privees, yet the Church was void by Simony. 3. To contract with a Father, or any other, for a Living, in consideration of a marriage, assoon as it shall fall void is unlawful. That this is Simony by the Canon is proved before, Nulli liceat Ecclesiam nomine dotalitatis ad aliquem transfer. And the Act, 31 Eliz. 6. comprises it, in those general words. If any Person for any profit, directly or indirectly, shall present, etc. A benefit it is, for it goes in lieu of a Portion in whole or part. And (under favour) 'tis beneath the gravity and learning of a Judge, to say the Covenant is good, if the words (in consideration of a Marriage) be not there: for that were to submit honesty to subtlety: and to make the best Laws a tye to none but Fools, and to trammel Justice with Letters and Syllables. Yea, 'tis to make Justice punish words rather than things; since the fact will be declared innocent, if it be not ill worded. The Crime is in truth, that the Patron robs the Church for his Child's portion; and chooses to be sacrilegious rather than his Daughter shall want a Husband. If the Incumbent will appeal to his own conscience, he might as well have paid 200 l. for it; unless he be a man of very despicable parts and fortunes. 4. 'Tis unlawful to persuade others to give or promise any Pension or reward to procure a Living. This is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the ancient Canons, and Civil Law, that they so heavily anathematise: Nomoc. tit. 1. c. 5. Scholar this is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Photius. And so doth our Law condemn it too; else how came the Incumbent then in the University and knowing nothing of the bargain to be outed for Simony, which he never meddled in, as in Baker and Rogers Case? Cro. Eliz 788. And in Fowler and Lapthorn's Case 17. Jac. in the King's Bench. So that such Setters mend not the matter, but make it worse, and are often instruments of discovery and witnesses of truth. Arsenius the Monk, makes them all as guilty as Simon Mugus: Synopsis Can. c. 49. not only Presenter and Presentee: but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which he proves by the Apostolical and Chalcedon Canons, though he mistake the 22d for the 2d. And they are likewise condemned by the 6th and 7th Synod, by Tharasius Epistle, and St. Basil's 85 Canon, and Gennadius the Patriarches Epistle: which is evidence enough of the Church's judgement in this case. 5. 'Tis not lawful to give any Bonds or Covenants, that may hinder the Incumbent, from the full enjoyment of the Church, and all its profits during life. As is plain by all the Canons, but is more particularly declared against in that of Photius, Nomoc. tit. 1. c. 5. Scholar where he tells us, not only Money giving is condemned, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. all Securities of what kind soever: all Bonds by Sureties, and all Pledges etc. which are there decreed to be void; which Decrees he takes out of the Canons, and civil Law. And our Canons forbidden the Patron to take aliquod emolumentum pacto interveniente. And elsewhere, nullam pactionem inierit, he shall make no bargain at all. And the Constitutions of Othobon the Legate made Anno Domini 1268, Lind. l. 5. tit. 3. c. nulli liceat. Const Othob. tit. 33. c. quia plerunque. universas promissiones & pactiones penitus revocat; all Bonds, Contracts, Bargains, are void of what kind soever, made in consideration of a Presentation. Nor is the Statute much short, that provides, If any Person by reason of any Bond— for any Benefit, whatsoever directly shall Present, etc. the Presentation is void. Will not the word any Bond contain charitable Bonds? nor Bonds for Resignation? 'Tis believed Patrons would not trouble themselves about Bonds for no benefit whatsoever. Hence Justice Foster is suspected of too little reason or honesty, Noy. 142. that was so earnest in Baker and Mountford's case, to declare a Bond taken by the Patron from the Presentee to pay 10 l. per annum to his Predecessors Son, in the University, whilst unpreferred, a good Bond: though he offered a precedent for it, in the Earl of Sussex case; where he said, a like Bond for payment of 5 l. per annum, to his Predecessors Widow, was held lawful: for both are alike unreasonable, as will appear upon these ensuing considerations. 1. That the Patron hath no right to all, or any part of the profits: and therefore can no more dispose them, than of any other man's estate. The Ordinary hath the profits tempore vacationis: the Parson hath the Freehold: and the Fee-simple is in nubibus, in abeiance, in gremio legis, says Sir Edw. Cook. There are some that hold the Fee-simple in the Parson: but none ever thought it in the Patron. Cap. 23. You may see this point well discussed by Mr. Hugh's of Gray's Inn, in his Parson's Law: where he gives the reason of the Laws policy, to be, to avoid alienations and disseisins to be made by the Church or any other. And in truth the right of Patronage, cowel in v. Patronus. is jus praesentandi Clericum ad ecclesiam vacantem ex parte ei concessum: qui consentiente Episcopo, vel instruxit, vel dot avit ecclesiam. 'Tis a right to present a Clerk to a vacant Church, granted to him in part, who (with the Bishop's consent) either built or endowed the Church. And much to the same purpose is it described by the Gloss in the Provinciale vetus, saying, L. 2. tit. 2. cap. circumspecti agatis. Jus Patronatus est honorificum jus, onerosum & utile, competens alicui in ecclesia, pro eo quod Diaecesani autoritate illam fundavit, dotavit vel construxit ipse: vel is a quo justam causam habet. 'Tis an honourable burdensome and useful right in a Church, accrueing to any one, for that he founded, endowed or built it, by the authority of the Diocesan; either himself; or some other from whom he claims. So that (says the gloss) non respicit oblationes vel decimas. It relates not to Offerings and Tithes, but would remain if they were taken away. Nor will that which we call an Advowson, give him better right, to convert the profits, to any other use than the Parsons: for Cook's Instit. L. 4. p. 240. 1. fol. 17. out of Bracton, calls it a power to present to a Church in his own name, not in another's: still it relates to the Church, not to its profits; which Law and Custom kept out of his fingers. But whoever shall consider the tremenduous circumstances, with which the Instruments of Foundation, Endowment or both, were offered upon the Altar; to divest and disseise, themselves and their heirs, of the building Gleabes and profits: and to put all into the right and possession of Almighty God, and his Church, with the dreadful Imprecations, upon all that should attempt, to alter, or diminish it, would wonder any after-ages would venture to touch the Anathema, and thereby entitle themselves to their father's Curses: but of this before: Patrons are Advocates; 'tis strange they should prove Adversaries: Patroni à patrocinio not à latrocinio. Their duty is to find out a good Shepherd for the flock: not a Simoniack for his Purse. How early this Right of Patronage came into the Church, may be discovered by Justinians Law contained in the Novels: where he provides, Novel. 57 c. 2. That if any built a Church and endowed it: he might present a Clerk to it: but the Patriarch might refuse to ordain him, if he judged him not fit for the service. And by another Law he provides, Novel. 123. c. 18. as a supplement to the former, That if the Patron nominated an unworthy Person to the Church so built and endowed; the Bishop might both refuse him, and prefer whom he judged worthy: that so Patrons might present worthy men or lose their Right. Both these Laws imply, that the Right accrues from the foundation of the Church: yet was it never so absolute, but the Bishop had a Negative voice, upon the Patron▪ Some think the People's rights of Election, were swallowed up by this Advancement of Patrons. But 'tis very plain by all the debates of this matter, that though many things are produced or producible out of Antiquity, about the People's Rights in choosing of Bishops; yet there is no footstep of any such Right to choose Presbyters, or Parochial or Congregational Ministers: which yet is the point in issue, between the Church of England and their Adversaries. And 'tis pity it is no more minded by the Litigants on both sides. For whatsoever Canon gives people any Right, gives it in conjunction with the Clergy: but what Clergy are there to choose in a single Congregation? And if there were, what need they choose another to make a Pastoral Relation? must there be Pastors upon Pastors in Infinitum? Hath not the Church of Virginia authority to send a Pastor among the Indians, to feed them with the word and, doctrine; and baptise them upon that command, Go teach all nations and baptise them: without the people's choice? Will any affirm, he can preach no otherwise than as a gifted Brother among them? This New England fancy, hath hindered the salvation of the Indians amongst them: And had the Apostles and Elders believed it, had hindered the salvation of the world. Men should consider, that in the Primitive times, there were no Parishes to choose; nor did the People pay the Presbyters but the Bishop. Nor were they so fixed in any place, Pallad. in vita Chrys. as not to be movable at the discretion of the Bishop Chrysostom maintained many Presbyters (whom he sent to preach in Phoenicia) at his own charge. Nor did the world know any other distinction, but of City and Regionary Presbyters. They were bred up in the Church, from Lectors, Acolytes, Exorcists, Subdeacons, Deacons, Priests, in all which offices they usually stayed some time; and were advanced at the discretion of the Bishop, without the People. Nor were they permitted to convert any offering, made in the Country, to their own use, but accounted for it at the City Altar. Nor do we hear any Complaints of the people, against the usurpations of these Patrons, now newly erected: which we may reasonably believe they would have done, had they found any Law of God broken, or custom of the Church altered, or Rights of the People invaded, or Ministers obtruded against the usual practice. These things considered, an unprejudiced mind will be satisfied, the people never had nor used any right, in choosing Congregational guides: whatever they might do in Electing Bishops: whom they owned as complete Pastors, for worship and censures too: and from whom they received their Presbyters, and to whom they made their Offerings. Nor are the Patrons Antichristian (as some are pleased to call them) whilst they conscientiously manage, their Right of Praesentation: without these sacrilegious practices: but are lovers of their Nation and Religion in building them Synagogues. And might have expected prayers and thanks from any but these murmurers; that defame what they cannot imitate. A good Author tells us, Dugd. View of our troubles. c. 35. p. 411. that some in Praise-God Barebones Parliament, Dec. 13, 1653, were earnestly voting down Patrons: but others urged, that this was an attempt to destroy the Subjects Property; and that ended the debate. Our dissenting Brethren so far favour that Anabaptistical fury, in complaining of Patrons invading the people's Rights, as if they meant to espouse their folly. Questionless Patrons are apprehensive enough, that Dissenters Principles can't take place, but by their ruin; and therefore will keep a watchful Eye upon them. But I return, and am only to dissuade them from the ill use of that Spiritual Trust that is in their hands. If the Patron will be charitable, L. 7. ep. 110. he ought also to be just: and not to rob for a offering. Gregory the Great, hath vehemently lashed this wickedness; telling men they were more loaden by their Sacrilege, than eased by their Charity. That 'twas one thing to give Alms to purge our sins: and another to sin that we may give Alms. He says the rule is, Prov. 3.9. honour the Lord with thy substance, not with other men's. Did not Justice Foster know, that the sacrifice of the wicked, was an abomination to the Lord. Is not this to rob the Spouse of Christ for an offering to her Husband? to sacrifice the Priest for atoning of the Deity: or like Judas to relieve the Poor with our Saviour's ointment; O blind hypocrisy, that expects Grapes from Thorns: and to receive good for doing evil. 2. These charitable Bonds, are a very compendious way to starve Religion out of the world. For if the Patron may give 5 l. to the Widow, why not 10 l. to the Daughter; and 20 l. more to the use of the Poor: and as much more to repair Highways, etc. and require Bonds for all these: And Justice Foster declare them good. 'Tis easy to cut large Cantals' out of another man's Loaf. And the Logicians will tell him, a quatenus ad omne valet argumentum; If one be lawful, all of the same kind are. We may presume all honest Lawyers ashamed of the Decision. 3. Should these charitable Bonds be judged good, corrupt Patrons might by this colour avoid all Convictions of Simony. For what is more easy than to take Bonds in others names, for our own advantage? Can men ever want pretences for Charity? are poor such rare and scarce Commodities? Is it meet for Courts of Judicature to assist such avaricious Earthworms, to baffle the wisdom of the whole Nation at once. And render their just and holy Laws ridiculous? In the Act against Simony; England hath showed its love to Learning and Religion, as well as to Justice and Equity: and is it not sad, if a false hearted Bond, disguised under a cloak of charity, should render all vain? All the wine of Consolation to Learning and Piety, may be drawn out at this one Tap of feigned charity. Should the Lawyers declare the Law in favour of these Bonds, they would but encourage Sacrilege, and help forward these Patron's damnation: and slain the Reverend Scarlet, by sharing in the sin; and suppress the Law to support the Malefactor. But let the Simonist remember, if he escape this Bar, there is another; at which the conscience will tell the whole Story: and then the Sentence will be, Thy Money perish with thee. O voice of Thunder! but a stony heart can't hear it. 6. 'Tis Simony to give Bonds for Resignation at the Patron's pleasure, though upon pretence of a Son to be preferred when fit. 'Tis true at first blush, this Plea seems reasonable: Crook. p. 2. 248. and found favour 8. Jac. in Jones and Lawrences' case, as Sir Geeorge Crook reports it. And so did another 5 Car. 1. in the King's Bench, Crook. Car. 1.180. between Babington and Wood, reported by the same Author: where was no pretence of a Son. But 'tis said, that in neither of these cases, was any Simoniacal contract averred: otherwise it might have been doubtful: Pars Couns. part 1. c. 5. whether the Bonds would have been found good or not, says Sir Simon Degge. Nor was it likely the Incumbent should allege a Simoniacal Contract, for then the Living was void, and himself outed. Noy 22. Yet this Gentleman mentions a case in Noy between Clerk and Paschal Trin. 15. Jac. in C. B. where the Bond for Resignation at pleasure was sued, and judged Simoniacal: but then the Church is declared void by such judgement, the Incumbent carrying the cause, but losing his Benefice; and is uncapable of it for ever, though the King should pardon the Simony, and present him afresh. But to clear this matter, let us consider, 1. That all the Arguments against charitable Bonds conclude as strongly against these: but would be tedious to repeat. 2. That if they should not prove Simony in Law, yet would be so in conscience; and likewise in the Canon Law: which forbids all contracts whatsoever. 3. Patrons by these Bonds, act a most insolent and arbitrary power: against the Liberties of the Church, and all the Subjects of this Kingdom beside. The Church in Magna Charta made at Westminster, 10 Feb. Anno 9 Hen. 3. Anno Domini 1224, is the first Subject of Liberty; in the first Chapter. Where the King granteth to God: and for him and his Heirs confirmeth, That the Church of England shall be free, and have all her Rights and Liberties inviolable. One of which was to enter upon her Cures without Compacts and Bargains with Patrons; as appears by the Canons made at London in the reign of Henry the 2d, and his Son then crowned King: and by those of Stephen Langton made but two years before; as also by the Canons of the four first general Counsels, Hist. ecclesiae Angl. l. 4. c. 7. which were received in England says Bede long before, and are so still, says the Statute Eliz. 1. cap. 3. To impose Oaths, Bonds, Contracts upon Justices, Sheriffs, Knights and Burgesses in Parliament, Constables, Churchwardens, Overseers, more than the Law imposes, would be thought arbitrary and tyrannical Oppression; and can it be less to impose such obligations on the Rectors or Vicars of the Churches? Must they enter the Church as Felons, their trials with Gives and Fetters? Must they preach to the Patrons as St. Paul to Agrippa in Chains? May not an Angel of the Church be trusted, till bound to his good behaviour? Who ever laid Shackles on any Ambassadors but these of Christ? the Shepherd is used like a Dog; the Patron having put a Rope about his Neck to pull him up or out at his pleasure. O vain name of Liberty whose sense is bondage! 4. These Bonds may endanger the Protestant Religion; for if Patrons be Popish, how dare men in these Obligations, reprove it, or confirm their people against it? May not Papists have Sons to prefer as well as Protestants? Or have that Sect only not patronages in their hands? The Dog must come over at his call that holds the string, whether into Popery or Fanaticisme. When King and Parliament can't silence some bastard Teachers; these Patrons can at a word silence the most Orthodox Divine: if any such enter their Bonds. 5. These Bonds include a greater Heresy, than any yet, this fruitful age and Nation hath brought forth. For it presumes the Ministerial calling to be for term of years: that God's people may be leased out to a Governor. That he is but a Hireling and Curatus pro tempore, whose own the Sheep are not, but the Sons. That Priests may be laid aside for no cause but the Patron's pleasure, which tends directly to make him careless, to follow the world, and make Hay while the Sun shines. Not to consider the people as his charge, nor to think of living and dying with them; nor of making any account for them. Nor to plant on the Gleab, nor to repair the Houses or Chancels: but to grasp what he can, because his time may be short. But seriously, do these men think Aaron's Patent was during pleasure? Was Christ less than a Priest for ever? Was it not a sad corruption in the Jewish Church, when Annas and Caiaphas were high Priests for years? Can they think it fit to remove a Minister when he best understands his people; and bring in an ignorant Novice, because called my son? Are they fit for the Kingdom of God, that look back when they have put their hand to the Plough? The Labourers in Christ's Vineyard, came in at several hours, but went out altogether, when the dark covering of death shut up their day. Our Canons forbidden any Priests to relinquish their calling, Can. 3. Jac. can. 76. or to use themselves afterwards as Laymen upon pain of Excommunication. Ames propounds this Question, Ames. l. 4. c. 25. n. 32. An vocatio ad Ministerium institui possit ad certos annos; and answers, Repugnat planè ministerii naturae, and gives these reasons for it. 1. God hath not allowed it. 2. It abates affection between Priest and People. 3. It makes the dignity of the calling seem mercenary. 4. Ministers and People may part to both their prejudice. N. 35. And again tells us what causes may justify a parting from one's calling. Si tamen causa talis intercedat quae vel ineptum aliquem reddat ad ministerium exercendum, vel exercitium ejus impossibile reddit, velpeccandi necessitatem adfert exercenti, turn nutu divino solvi videtur. 'Tis certain Athanasius, Nazianzen, Chrysostom, etc. were removed from their Churches, but by Persecutors, not Patrons. And many others for Heresy or Schism; but than 'twas by sentence of the Church, or State, or both: but never by single Patrons. They so ruffle all Laws Divine and Humane, that the Lawyers can scarce resolve where the Freehold is, when the Incumbent is a Farmer at pleasure. These men make havoc of Christ's Institutions, and put Barnacles on the Nose of Religion as they list. They make Priests as summer Infects to be mere Ephemerists. If the Incumbent say with St. Paul, We be to me if I preach not the Gospel: these Gold-suckers tell him, you shall then preach with Bede to the Quarries, or with Orpheus to the Trees; for we will remove you to make way for our Sons. Thus is Christ's, Steward turned out of his House, without leave or privity of the Master. 6. The care to prefer Sons seems natural, but was never judged spiritual. Old Eli was ruined for honouring his Sons before God. 1 Sam. 2.29. And the Decretals treating of Ecclesiastical profits, 16. q. 7. pervenit. complain of the ill bestowing them to unfitting persons, vel quod gravius▪ est etiam Consanguineis; as if giving them to Kinsmen were the greatest crime of all. And the rules were, est honestum officium siliam dotare non tamen ex bonis ecclesiasticis. And cognatosi juvare ut decenter vivant: but not to prostitute the Church to them, as Soto Cajetan Bannes etc. affirm. And care was taken in the Election of Bishops, as Balsamon's Collections show, Tit. 3. n. 41. ex lib. 1. cod. that they should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that they should have no Sons or Nephews, lest they should act naturally, and prefer them to the prejudice of Religion. The Law confined Priests to one tribe, but these like the Heathenish superstition, would confine it to one family. As the Pinarii only could be Priests of Hercules; and the Eumolpidae of Athens, the only Sacrificers to Ceres. It seems a kind of disherison, to the Patron's Sons, if Churches be not kept without Pastors, by hirelings, till they be fit. Though they may never live to it, nor receive any internal Call: nor affect the employment; nor be grave or learned enough for it. One would think both Patron and Judges believed Sons put Apprentice to learn the Trade of Priesthood, and would be out of their time at a certain day, and the Churches were but Shops kept open for them to set up in. They may well forgive us, if we think the Atheists that deal thus rudely with Religion. Coke Jnst. 3. c. 71. f. 154. Sir Edward Coke produces an old Epigram by Which we may see what kindness the Church hath had for these Kinsmen. Quatuor Ecclesias Portis intratur in omnes Caesaris & Simonis, Sanguinis atque Dei. Prima patet Magnis; Nummo patet altera; Charis Tertia; sed paucis Quarta patere solet. By twice two Gates all Churches entered be, Caesar's, and Simons, Kindred, and Deity. Nobles the first; the second Rich men take. Our Kin the third; the fourth most forsake. 7. This Cloak will serve to cover all Simony whatsoever; for though some have no sons, they may have Daughters, which would make Sons-in-Law; they may have Grandsons, Nephews, Cousins, etc. and is it in no degree natural to keep open Live for them? Doth not nature tie us to provide for Relations sooner than Strangers? 'Twas never known the Pope wanted a Nephew for a preferment. One would think Churches were founded not so much to serve God as these Patrons: whose Family must be supported though on the ruins of Religion. But stay, how can men escape the edge of the Statute by these Bonds? since it declares, all Bonds given in consideration of a Presentation, do make that Presentation void; if they are of any profit or benefit whatsoever. Now can any man satisfy his conscience, that he which takes the Bond is in no better condition, than if he had none. Do not all men believe, he can make Money of it, if he will? Is there no Market in which such a Bond would sell? Doth not the account of Patron and Incumbent both reckon it at 300 or 400 l. Can't the Patron demand 10, or 20 l. from the Incumbent every year? and dares he deny him, and so be outed of his usefulness and livelihood together. The weakest eye can look through this thin Cobweb, and much more the strong judgement of the Reverend Bench. But let us contemplate a while, what dangerous Tools these Bonds are to the Commonwealth. Men marry their Daughters to Incumbents, in hope of a comfortable subsistence. At length these Bonds put forth their horns, and toss the Father's hopes into the pit of despair. Or peradventure the Patron wants an Oath, which if the Incumbent will not lend him, this close Cur is slipped upon him, and worries him out of a thousand Marks. To have offered him Money, had been subornation, though but five pounds but to sue these Bonds, find favour in the Court. May not the Patron thus force an unpleasant Kinswoman, whom he cannot love, and so ruin two at once? May he not force him to relinquish the justest suit against a Parishioner by trumping up this Bond against him? May he not by these cursed ways, rob any Parish of the most painful and edifying Minister, whom their souls most dearly affect? and tie the Incumbent to destructive Compositions? yea (which is worse) to wink at their Patron's sins; and prostitute the holy Sacraments, to a Soul more unclean than the common Shores. This poor man must find a 100 l. to buy pins for the Patrons Miss, if he require it. Nay the honest Neighbours that lend the Incumbent Money for necessary use: having an eye to his Parsonage to encourage their credit: if these Bonds prevail, are trapan'd out of their Money. Blessed God what a lernae malorum is here? 'Tis not to be doubted, but a true Patriot will never endure these private Daggers, that serve to murder public safety. Lastly, These Bonds are injurious to every man in England, besides the Patrons: for they, their Sons or Relations, are capable (upon due qualification) to be presented to these Live: and aught by all Laws divine and humane, to enjoy the whole profits for their lives, that the Laws of the Kingdom, and the charity of well disposed persons have settled upon them. These profits are not the Patron's inheritance, that they should suck profit from them; but the people's that can qualify themselves for them. Nor have Patrons Sons any advantage above other people that way; since a vacant Church must be disposed in six months or lapsed, be their Sons ready or unready. If it be a crime to invade the rights of any one; much more it is to usurp upon all. So that this practice is not only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: it robs whole Nations at once. Accordingly, we ought to run to suppress it as a Common fire, that threatens destruction to the whole Neighbourhood, and to treat them that usurp as Beasts of prey. I have met with one instance of this corrupted practice, older than one hundred years. And that was of Romanus a Patrician, advanced to the Empire of Constantinople, about the year 923, who (the better to secure the Sovereignty to himself and Family) made his two eldest Sons, Stephen and Constantine Caesar's; and resolved to create his younger Son Theophylact Patriarch (if possible) of the Royal City. To that end, he was put into the Clergy at Eleven years of age: Curopal. Zonar. and was made Patriarch say some at sixteen; he should have been, but that he was a Minor say others; Niceph. and so could not receive it in that vacancy. Upon which Romanus promoted Tryphon the Monk, to the Patriarchal Chair; but under Covenants to resign to his Son Theophylact, when he should attain the of age twenty five years. At which period Tryphon refused to resign, averring the Bonds extorted and unlawful. To judge which, the Emperor called a Synod of Neighbouring Bishops, who were ashamed of the Fact, and would not justify the Contract, nor condemn the Patriarch, for refusing to recede, as a thing horridly scandalous. But admitted an accusation against him, as an illiterate man, and therefore unworthy the Chair. One under pretence of kindness, went to him, and informed him of the accusation, desiring him to write his Name and Titles upon a Paper, which he would show the Synod, to the utter confutation of his Adversaries. Which when the poor Patriarch had done, a Resignation of the Patriarchate, was written, above his name and delivered to the Synod. Upon which, they inaugurated young Theophylact into the Chair of Constantinople, Anno Domini 944. Others I confess say Tryphon was but his Substitute till he came to that age. This young Patriarch suited well his entrance; living but twelve years, and that in all kind of Luxury and Riot; minding Dogs and Horses, more than Churches, and the Souls of men. And leaving nothing remarkable, but that (instead of feeding Christ's Sheep) he fed 2000 Horses with the profits of his Bishopric. Cedrenus. And better could not be expected, from such an Entrance. He died, 956. 7. As we have showed it no Simony to purchase an Advowson in Fee; so 'tis as plain Simony to purchase the next Presentation: especially if the Church be empty, or the Incumbent sick or aged. This is malum in se, though haply not malum prohibitum. For here 'tis presumed the intention is Simoniacal. And in truth the right of Patronage is not saleable at all, if it be a spiritual thing only: but in England 'tis accounted by some a mere temporal thing. But by the most and best, 'tis reckoned partly temporal, V Glos. 1. q. 1. quod autem. and partly spiritual: and so it will prove, for as Lindwood de jurejurando well notes, consider it as descendable to heirs, and purchasable in Fee; and so 'tis temporal, but jus patronatus, & praesentatio, dicuntur spiritualia respectu rei ad quam praesentatur: quae spiritualis est. Consider it as 'tis a presentation to a Church, and to exercise divine offices, and so 'tis spiritual. And all the profits of a Church are spiritual as devoted to God and his Service. And so is the Parson presented too. Extra. de judic. c. quanto: ubi de hoc. Accordingly the Canons determine their actions, to be managed in foro ecclesiastico; but the custom of England is otherwise. Now how much Patrons scrape out of these sales of Advowsons' is not easy to imagine. Were the Church their Freehold, they could scarcely make more; and get the cure served. Horn in his Speculum Justitiariorum tells us, the Advowson of a Church is so much in the spirituality, that there can be no alienation thereof but in Fee-simple. Cap. 2. s. 27. sub Titulo Contracts. If this were the law under Edw. 1, and Edw. 2, in whose reign, this Reverend Judge is said to live: how came it to be altered? and Contracts, pro hâc vice now thought lawful. Do the Lawyers change the Law at their pleasure, as Sectaries do Religion? then is both Religion and Law ambulatory, and may both leave the Kingdom at length. We may yet hope a right English Parliament, will find time to retrench these Enormities, and new lop this overgrown Tree of Avarice. In the mean time let Patrons know, that if Law allow it, conscience cannot: for in them 'tis rapine, sacrilege, betraying of trust, living on what is none of their own; and enriching themselves with Church-Revenues. Com. In Luc. 4. multi leprosi. I wish they would hear St. Ambrose, Malè quaesitâ mercede non tam patrimonium facultatûm: quam the saurum criminum congregârunt: aeterno supplicio & brevi fructu. By ill got Goods, we increase our treasure of sins, rather than of Money, little benefit, but everlasting punishment. And again in his Book de dignitate Sacerdotali, he says Caro suscepit dignitatem, & anima perdidit honestatem: they receive Money into their pockets, and lose honesty out of their hearts. Our law doth so detest this avaricious course, that it hath made it punishable but to Elect a Scholar or Fellow etc. 31 Eliz. 6. into any College for Money: which is a small thing, compared with presenting a Priest to a Church. 4. Having laid down what is Simony in Law and Conscience, as far as we could judge, and occasion offered; we must now consider what respect the Common Law hath for it; by which we shall discover the true old English spirit: that disdained avarice and falsehood, and scorned to do a contumelious action. The Abridger of our Statutes, says in the Preface; the whole Senate have bestowed at least half their time and industry, in hacking at part of the Branches, Boughs, Sprouts, Roots or Leaves of that monstrous ugly, and hideous Tree Avaritia.— Yet it still sprouted again like a Hydra's head in another form and different shape. But the Common Law, hath had the same bent and design. Simony is odious in the eye of the Common Law, Inst. 3. c. 71. f. 153. says Coke its greatest Oracle: where he gives a double instance of it. A Garden in Socage, may not present to a Living, because he cannot account to the heir for it: as being of no value nor benefit to him. And therefore the Heir shall present, though he be under age. And also if an heir of Tenent in Capite, have Livery cum exitibus, yet shall the heir not present to an Advowson, V Com. in stat. 31. Eliz. 6. because no issues nor profits can be taken thereof. He farthera ffirms, 'twas the more odious because always accompanied with perjury. Again in another place, he tells us, the Common Law so much detested Simony, that before the Statute of Westm. the 2d, no damages could be recovered upon a Quare Impedit, lest (says he), any profit the Patron should take, should savour of Simony. And this seems to me reasonable enough yet still: for if the Patron have costs, why should he have damage of that which never could be profit to him, Inst. 2. Westm 2. c. 5. f. 362. had he had it; and could be no diminution of his Revenue, had he lost it: but we must acquiesce in public judgement. Yet he says, 'tis so with the King still. For he can have no damage upon his Quare impedit; because he could not recover any by the Common Law before; and that Statute helps him not, though it do the Subject And the same Author seems very certain, Bonds for resignation could not be sued at Common Law; till the Statute of Westm the 2d, for that the Incumbent once instituted and settled, the Patron could have no Writ to remove him, ●b. fol. 357. though wrongfully presented; and gives these reasons for it. 1. Because having Curam animarum a great charge, he might the more effectually and peaceably attend it. 2. Because he came in by a Judicial Act from the Bishop, to the Church: who is supposed in Law to act Scrutatis Archivis. And the form of Institution implies no less: for the Te instituo ad tale beneficium, & habere curam animarum. Et accipe curam tuam & meam; Accept thine and my Cure, signifies that the Bishop gives him his own Cure: which also shows what cowel meant by jus patronatus ex parte Concessum: for the Bishop had still a share in that Right. Now while the Bishop institutes, and the inducts for life; It would be strange that the Patron should have power to limit him, against both at his pleasure only. From hence we may see, how much the English Conscience, formerly nauseated this rank poison: which our degenerate age, so greedily devours. Let them never talk of tender consciences, that can so glibly swallow this accursed thing. 'Tis a blessed sight to behold this Nation shining in her integrity; when all others had blacked themselves with this Sacred Villainy. Photius that famous Patriarch, saith of the Greek Church; whether any Layman becomes Procurator of any holy place, Nomoc. tit. 1. c. 24. sch. in fine. or receives any ecclesiastical Ministry: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and so falls on his Knees for pardon. And for the Germane and French Churches, Gregory the Great says, in Galliarum vel Germaniae partibus, nullus ad sacrum ordinem, sine commodi datione perveniat. Lib. 4. ep. 51. And for the Roman Church, we have observed something of their guilt before: and shall farther note their Simoniacal Laws. That men must concordare cum Camera Apostolicâ, In Syntag. tractatuum. which is flat Simony. Theodoricus a Niem; and the Decretals say, Pallium nisi dato commodo non dabatur. Dost. 99 c. 1. Novit. No Money no Pall, the price must be first agreed. They come open mouthed with Judas, quid dabitis? what will you give? Simony is a great part of the Pope's Revenue. Humphred attempts in his Puritano-Papismus against Campian to enumerate the several ways. Nummos corradunt pro licentiis— They scrape up Money for Licences, Dispensations, Absolutions, Commutations, from Fornicators, Whores, Jews, ill-promoted Bigamists, Homicides, Simoniacs: from such as eat Milk-Meats, (sc. in fasting days) and from them that officiate to the Greeks in Greek; to the Latins in Latin: so many Processes a Rota, Reservations, Graces, Indulgences, Preventions, Provisions, trade of Dataries, Masters of the Ceremonies, Porters, Officials, Protonotaries, Advocates, Masters of the Lead, Keepers of the Iron Gates; of the Privy Garden of the Popes and Cardinals: that Benedict the 12th doth jocularly tell us: another world must be created, to supply all their covetous desires. Bold Probus calls them all Romuleos vultures: Probus episcopus Tullensis in Avent. Annal. 1380. and Honorius 4th in particular, a Gold-Sucker. Rome once said of England, 'twas puteus inexhaustibilis; and England of Rome, they had Sitim inexplebilem. These greedy Simonists occasioned this Distich, nigh 300 years since. Intus quis? Tu quis? Ego sum. Quid quaeris? intrem. Fers aliquid? Non. Sta foris. En fero. Quid? Satis, intra. Knock, Knock; who's there? 'tis I. What seekest? to enter: Bring'st aught? No. Stand. I bring. What? Well: come venture. An Ass loaden with Gold, may be sure of a Pall, at Rome: when a Seraphin (if poor) returns naked. But for this Church, few or none but Campian had ever impudence enough to charge this crime upon her; till of late, That honour and Religion both were banished out of the heart, into the purse. Till our own blood was dearer to us than our Saviour's, and our Nephews nigher of kin to us than our God. 'Twas gallant in our Richard the 1st, that he refused to see the Pope, though in the mouth of Tiber, and earnestly desired by Octavian then Bishop of Hostia, in disdain of his Simony, having taken 700 marks of the Bishop of Mains; 1500 Marks for William Bishop of Ely's Legantine authority, and infinite of the Archbishop of Bordeaux as Math. Paris and others note. I shall now show to Patron and Incumbent apart, The sad consequences that attend this vile practice, and so draw to a conclusion. We will prefer the Patron and desire him to consider himself, as 1. A hearty Opposer of Learning and Religion, the two best things in the World, and so as a third Conspirator, walks hand in hand with the Turk and the Devil. Gregor. Magnus, observed long since to Theodoric and Theobert Kings, of France: That if we suffer men to get livings by Money, Non vitam corrigere, non mores componere studeant: Lib. 7. ep. 114. sed divitias quibus honor sacer emitur, satagunt congregare. Men will not strive to commend themselves to preferments, by a good life and correct manners, which prevail nothing but to get money which commands all. And so destructive is this course to Learning, Defen. Pacis. Part. 2. c. 20. that Marsilius of Milan saith, because covetous men get away their temporal means, the Clergy were generally insufficient: and nigh four hundred of them in his knowledge could not speak Latin. Nor is it likely ingenious men, should take much pains to advance themselves to a halter, and to become Patrons Bondslaves: or their Curates, till their Sons come at age. A younger Brother from the Bawdy-house rotten in wickedness is their best Chapman. Or a thick sculled son of a Farmer, that hath learned to drink in the Country; and to tell the Colleges names in the University; at his Father's charges receives the next preferment. But this is to debauch both Church and State: to eclipse the true glory of a Nation: and to render serious Piety, the most useless and despicable thing in the world: In Epist. ad Hospit. and to split the Church into infinite Sects. I wish these Patrons would rather take that famous Sorbonist Claudius Espencaes advice. — Secum ipse diu multumque requirat, Ecquis apud Cives tanto sit dignus honore? Nec precibus, pretiove locum det; equisque citatis. More sed antiquo lecti proscribat aperte Pontificis nomen— Letoy Patrons long and much inquire, Which of the Learned fits the Choir. Nor prefer Letters, price, or speed. But publish names of Priests decreed To choose them as in ancient meed. 2. As a Betrayer of the most sacred trust, devouring the Pupil-Church committed to his protection. A thing so base, he is fain to hid it in darkness; as Thiefs do robberies; and Cutthroats murders. And so ungentile, that none but fordid Spirits, can be got to transact it, and they are fain when asked, to cover it with a Lie; and blush at the sudden appearance of any Stranger among them. The meanest wretches, think it something disgraceful to be actors in it. 'Tis carried on as Whoredom, by signs and half words: rather than openly discoursed; though between the Parties alone. 'Tis a Bastard that none cares to own. It being no less dishonour to these men, to purloin, than it was glory in their fathers to endow. 3. As an Excluder of the best men, from entering any Church, where he hath to do; had Patrons been anciently in power, our Saviour himself, and all his Apostles had been excluded: and Annas and Caiaphas admitted. Men of conscience cannot, and men of parts, will not stoop to these sinful Conditions. Calv. Inst. l. 4. c. 5. sect. 6. Nor is it (as Calvin notes) the benefit of the Church, but of the Presentee; that these men look after; as also their own; non ut ecclesiis fit prospectum (says he) sediis qui accipiunt; and hence (as he goes on) they call it not Ministerium but Beneficium: not service but benefice, that they present to. Yea, these men would have excluded the whole 630 fathers, in that famous Council of Chalcedon, because they were all against Contracts at Entrance, as appears by their 2d Canon. Pious and humble men, refuse to enter by this Golden Gate, where our Saviour would not. It seldom proves a kind Match, where Jointures, and Jewels, are the only way of wooing: but extreme bad, where Money is made the only call, and title to affection, between the Priest and People. Were St. Peter a Patron, and one should offer him Money, his answer would be, Thy money perish with thee, because thou thinkest the gift of God may be purchased, with money. Arnobius notes, that the first Christians saw so much evil in Trade, Arnob. l. 2. mihi 86. they were nigh condemning it: but they have sufficiently condemned this already. How base must the house of God look? when pious and learned, the only vessels of Gold and Silver, are all excluded? How corpse the Ecclesiastical Batch, when all the flower is bolted out, and nothing used but Bran. A sad Garden, where the Flowers are all cast out, and nothing left but Weeds. Dant veniam Corvis & Let in all the Crows, and exclude the Doves. The scandals of the Church, lie much at the door of these Patrons; who by promoting less fitting men, have advanced the Separations. 'Tis a bold affront to Christ; to let him have no Ambassadors, but men of no Conscience. Had there been more Maecenas' the Church had had more Maro's: but Homer himself must be packing, if he have no pay. 4. As the sole Reteiner of this Sin, in the World. God may be eased from this Sin: and Nations freed from the Scourge, that attends, would Patrons give leave. Our Kings, Parliaments, Laws, Crook, and all (but one Judges Reports) are against it. The People cry it down. The Sectaries decry Patrons and Patronages (for their avaricious choice and impositions) as Antichristian. The Clergy must needs be against it, both in Conscience and Interest; for what they do in this kind, must be the effect of moral force. If therefore Patrons please, God may have lest dishonour, the Church less scandal, the Kingdom less danger, and men's consciences less trouble, by their laying aside this crying sin; and the world will have one species of sin less than it had. If this may not be granted, we may reasonably desire with the Sicilian (when Scipio the Praetor, appointed him a fool for his Patron) that we may have none at all: but that he would appoint him to his Adversaries. But why may we not prevail with them, to ease God of this trouble? do they not value? nor can never need his favour? Have they no souls to be saved? no Heaven to look after? no Hell to beware? no judgement day to dread? no account to take care of? Is it all one, whether he please or displease? O than we may fear the gingling of the Silver, makes them forget themselves: and as St. Ambrose speaks, Ambr. In Lucam. c. 19 Religiosarum audientiam Scripturarum tinnitus aeris excludit; and drowned the voice of the holy Scriptures, yes, and of their consciences too. 5. Let him see his danger to himself and Family. Did not Gehezi take Money, and with it a disease to him and his Heirs for ever? St. Ambrose observed upon it, facta. authoris sucoessio damnatur haeredis. In Luc. c. 4. & multi leprosi etc. The father eat the sour grapes, and set all his Families teeth on edge. He contracted that curse that eat up all his posterity. Did not Esau take Money for his Birthright and blessing, and was made a spurious offspring of Isaac for ever? 〈…〉 and very deservedly (says Greg. Nazi.) for how should he come by salvation, that had sold his Saviour? Who suffered the lashes of Christ, but the Buyers and Sellers in the Temple? the rest were sent civilly away. Nor can any bring them in, whom Christ whipped out. Nor can they be temples of the holy Ghost, whom Christ ejected. Every Author can furnish you with instances of the miserable devastations that Sacrilege hath made in the world: and Sacrilege (without doubt) it is, to usurp to your own use, what is appropriate to divine Service: and Simony 'tis as a Merchandise of spiritual things. Sacrilege, as it respects the profits: and Simony, as 'tis a violation of the Spiritual calling. You are not the first that have done it; nor the first that have been ruined by it. Josephus tells us Theodectes was struck blind for mixing Scriptures with his Tragedies: but what may we expect, that mix God's treasure with our estate? The Phocians had ploughed away but a little of God's ground, and were sentenced for it in a good sum, by that general Council of Greece the Amphictions, which being refused, they were utterly routed out. Our Father's devoted our Church-maintainance to God, by their solemn vows at the Altar: Ananias and Saphira did no more: yet when they withdrew part, nothing but their ruin could expiate the crime, both dying away strangely, Act. 5.1. Your families may grow fat, but not healthful by eating Church Revenues. In ancient time, none desired or attempted any such thing, but indigent wretches, Cic. Bruto in reliqiis Attici ep. ult. as Cicero observes to Brutus: Templis Deorum immortalium imminet hominum egentium & perditorum spes. And few in our Age are guilty of it, but very gripping or very sharking families. And certainly the ways these proud and beggarly men propound for their rise, will prove their ruin, since nothing can be more dangerous, than to build our Houses so near the Flames of the Alrar. And foolish to expect God should bless them in, and advance them upon the Ruin of Religion, De non temerandis eccles. and Property. 'Twere well, if the Gentry would often read the Collections of that learned and pious Gentleman, Sir Henry Spelman, and they would soon discover the linger poison men swallow, whilst they greedily devour Church-Morsels. A thousand Families have done it in our times; and a thousand Families have perished by it. Lastly, Let the Patron consider the Restitution he is bound to make, if he be worth it; or undergo the punishment of his Iniquity for ever. For the saddest Lamentations, humblest Confessions, deepest Humiliations, sharpest Contritions, loudest Ejulations, and most heavenly supplications, will do no good, while we continue our crimes. Let St. Aug. be the Casuist, and he resolves you: Ad Macedon. ep. 54. Si enim res aliena cum reddi potest, non redditur: non agitur paenitentia sed fingitur. If we restore not what we sinned in taking, when we can; we do not act repentance, but feign it. Huic paenitendi medicina non omnino prodest, this medicine of Repentance, neither cures his guilt, nor discharges his punishment. His prayers and tears are abomination to the Lord, because he remains in a State of Simony and injustice. This the Heathens understood as well as Christians: Cic. l. 2. de legibus. for Cicero says, 'twas a chief Law amongst them, Impius ne, audeto placare donis iram deorum: santè vota reddunto. Let not a wicked man attempt to pacify God with gifts; but religiously observe his vows. Thus Hesiod directs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to pay all services to God, Epu. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. a. chastely and purely cleared from guilt. If the mind be turned: the unjust gain must be returned. Because what defiled us, when we got it, will defile us while we keep it. Every days Deteiner is as every days fresh Robbery. Like a Thorn in the Flesh, it ceases not to rankle and prick, till it be drawn out. So that we must part with our unjust gain, or our juft God, With Spoil or Heaven, for both we cannot hold. We must leave our Gift unoffered, Math. 5.23. till our Brother be satisfied for his wrongs. The Law is Ezech. 33.15. If the wicked restore the Pledge, give again that he hath rob, walk in the Statutes of life, without committing iniquity, he shall surely live: he shall not die. And not only things unjustly gotten, but unjustly destroyed, require satisfaction: as a Beast destroyed in a Neighbour's pit. Exod. 21.33. Or a stack of Corn set on fire. Exod. 22.6. Or standing Corn. Yea all things got by plunder, or by cheating, he shall restore again. Leu. 5.4, 5. and if there were none alive to receive satisfaction, he was bound to recompense it to the Lord. Numb. 5.8. even to the Priest saith the Text; who is the Lord's appointed Receiver. But a Patron in the Casuists judgement, is bound to restore, if he had but permitted others to wrong the Church: for Restituere tenetur, qui damnum non impedit cum ex officio deberet. He is bound to restore the damage he hinders not in case he be obliged to defend. Navar. l. c. 21. & mult. alios. Hence 'tis the definition calls Patronage jus onerosum: for the Patron is bound to protect. And the word Advowson supposes him an Advocate, as Lessius notes: L. 2. c. 7. d●e. 22. q. 62. art. 4. yes (says Aquinas) though he use no fraud to the Owner or the Law. And yet in this case is a moral force on the Presentee, and a fraud upon the whole Law. Nor is it any great credit, by Quirks to baffle the design of a righteous Law. Let me upon the whole matter request these corrupt Patrons, in the name of our Lord Jesus Christ, to consider themselves lying on their deathbed, their Souls hover upon their lips, ready to take its flight into another world: yet afraid to go off, because of the just judgement of God at hand: not knowing how to make Restitution, and less what to answer for the robberies committed on the Church by Simony. To restore, will weaken his Estate, and abate his children's portions. Not to restore, leaves him to die impenitent, and to appear at that Tribunal besmeared all over with guilt. He could haply die for his Children; but to be damned for them to Eternity, he thinks hard, his Soul shrinks at it: and now counts it a sad bargain, to lose heaven and glory for these trifles. He now wishes he had never known Patronages nor Presentations, Bonds nor Obligations. And at length in desperation, casts down (with Judas) the gains of iniquity, crying out, I have sinned in betraying the Church of God; and so expires his last breath in flaming discontent. O horrid spectacle! fit only for Devils to behold, and Furies to attend: fit to draw tears of blood from his children's eyes: and groans from his Pastor's Loins, and sorrowful Lamentations, from all his Acquaintance; as too sad an Evidence of an unhappy bargain in gaining the whole world, and losing his own soul. 2. The next address is to the Presentee; who (I know will tell me as St. Ambrose Bishop did him, Ambr. de dignitate Sacerd. c. 5. in the like case: Melius est mihi, aurum de sacello invehere, quam tantum sacerdotium perdere: quos amem solidos (si vivo) recepturum me illico non diffido. I do it unwillingly, but 'tis better for me to draw Gold out of my Purse, than lose so great a Bishopric. I doubt not but to get my money back again, if I live. But pray consider, 1. You carry about you a very earthy mind, your care will be to gain Shillings not Souls: your mind is more at the Barn than the Church. This is to be that hateful thing to God and man, a secular Priest. This is not to be the Preacher, but Fool of the Gospel: Luc. 12. that will rejoice in his Goods laid up for many days. Satan proffered Christ all the Kingdoms of the world which he refused: but you would have taken. Is this to be a Minister of Christ or of Judas? you will bid your people leave the world, that you may take it: and advise them to secure Heaven that you may secure Earth. They must set their affections on things above, that you may grasp all below. Thus your Patron may commend you to the people; but your conscience will condemn you to God; and then Caro dominatur populis (as the same Father speaks) anima servit Daemoni; Ambr. ib. your flesh governs the people, and your Spirit is governed by the Devil. You enter Christ's harvest, tanquam ad auream messem, as if 'twere a harvest of Gold not grace. Your care will be more to serve your Purse, than save your People. 'Tis well if they be rich in saith, but you are resolved to be rich in money, which looks like serving the Bag rather than the Altar. In this Bargain says the same Father, Ib. quod dedit aurum fuit, quod perdidit anima fuit. He parted with his Gold and lost his Soul; but got nothing: for says he, aurum dans perdidisli & gratiam sanctam non acquisivisti. But why would you enter by sin? could not God find a way for your subsistence without it? sides famem non formidat, says St. Hierom; faith fears not hunger, and without faith you can't be saved. 'Tis lawful to contrive ways of living, but not ways of sinning. The ancients called it gratiam spiritus, the favour of the holy Ghost, by which men are called into the Ministry: and every Minister may write himself Gratia Dei Pastor M. N. Hence this great Bishop argues, you ought to give nothing for it: because Pro eo quod gratis datur, ideo gratia vocitatur. Ambr. ib. 'Tis called grace in regard it comes gratis. And 'tis true what he says elsewhere, Id. In Luc. c. 4. non enim pretio taxatur gratia Dei. God's grace is not to be rated by money. Will you read the judgement of that pious Bishop Jer. Tailor concerning your Entrance. Ductor dub. l. 1. c. 2. r. 5. n. 17. His intentions says he cannot be right, who by any indirect arts doth enter: for that which doth not begin at God cannot be for God. Non enim ambitione vel pretio, sed probatae vitae & disciplinarum testimonio, ad honoris & sacerdotis insignia oportet promoveri, said the Emperor Theodosius. He therefore who Simoniacally enters, fixes his Eye and heart upon that which he values, to be worth Money: not on the spiritual employment— he that comes into the Field with an Elephant cannot be supposed to to hunt a Hare. The true reason why such a one turned Priest, was because he could reach no more profitable employment. 2. The Incumbent hath a very tickle hold that thus enters: for (as was suggested before) if any will discover he is both out and undone. In regard the Statute, not only makes the Church void: and so he loses all his charges of Institution, Induction, First-fruits, etc. but amerces him as also the Patron, in the double value of one years' profit, of the Living thus entered. Which 'tis probable may be more than he is worth. For the valuation is not to be according to the King's Book, but what it can be let for, as Sir Edward Coke in his Exposition on the Statute affirms: 31 Eliz. 6. and so do all other Law-Books that I have seen. Add to this, that the Incumbent is for ever disabled to hold that Living. And by the Canon-Law is incapacitated to obtain any other preferment whatsoever in the Church. These Incumbents are the worst sort of Bandogs: and must be at every conscious Persons whistle. And suppose them compelled in against him as Witnesses, he must bribe deep to make them forswear themselves, for his security. This State is so uneasy, that I knew one to droop and die away with discontent, at the insolency and chargeableness of an Intermeddler. May all men consider they purchase slavery rather than preferment; and ruin their worldly as well as heavenly joy by these courses. And the Parishioner may lawfully deny his Tithes, if he can prove the Simony: as it was resolved in Sir John House and wright's Case in Easter Term, Hob. 467.168.177. Jac. so dangerous a thing is it, for such an Incumbent to sue for his profits. 3. He is to consider, he hath an Oath to swallow, and his Conscience is very large if he can get it down. The substance of it was decreed in the first Council at Oxford under Stephen Langton, Anno Domini 1222, in these words, Quod propter praesentationem illam, nec promiserit, nec dederit aliquid praesentanti; nec aliquam propter hoc inierit pactionem. That he gave nor promised not only no Money, but nothing at all, nor entered into no Bargain; so that all Bonds and Contracts were to be sworn against as well as Money. But the Oath that is now administered is in the 40th Canon of those published by the Convocation at London, 1. Jac. Anno Dommini 1603, in these words, I. M. N. do swear, that I have made no Simoniacal payment, Contract, or Promise, directly or indirectly, by myself or by any other to my knowledge, or with my consent to any Person or Persons whatsoever; for or concerning the procuring and obtaining of this ecclesiastical dignity, place, preferment office or Living: nor will at any time hereafter, perform, or satisfy, any kind of payment, contract, or promise made by any other, without my knowledge or consent: so help me God through Jesus Christ. And is a Bond for Resignation no Contract? and doth it not carry the force of a promise? And though it name no Money, yet doth it not indirectly imply a Resolution, to content the Patron, in what he shall demand? or be undone. And is there any other reason of these Bonds, but to commit legal Simony? and to perjure without trouble of conscience? This can be no less Simony, than if the Bond had been for Money: sigh the Patron might refuse to call for that if he pleased: and so may here too. But then, if he do call for it, all the world will conclude, (to use Sir Simon Degg's own words) That the Incumbent must pay what the Patron will demand: Degg. p. 1. c. 5. or else forfeit the Bond, or lose the Living: and so be undone, Officiperda. and a Jack— out of Office. I know nothing therefore, can excuse such a man from perjury, but the mystery of Jesuitism. The Incumbent should also mind, that the words (Simoniacal payment, Contract or promise) are not strictly to be reduced, to the Statute-sense. For these kind of Oaths, are elder than the Statute by many ages: and the words of Canons, are to be understood canonically and ecclesiastical Convocations, speak in ecclesiastical sense: and therefore they are to be taken largely, for such compact as the Canons determine to be Symoniacal. And the Canons exclude aliquam propter hoc pactionem; any kind of Contract whatsoever in consideration of a Presentation: so that Bonds for Residence; or for not holding two Live, might be Simony within the Canon, and consequently within this Oath: though they are good designs, and correspond with our good Laws, and bind men to nothing but what was their duty before. And yet supposing those Bonds lawful, they will no more justify Bonds for Resignations, than a Bond for good behaviour, can justify a Bond to set the Town on fire: there being no Law nor honesty in Bonds for profane Resignation, but enough to require our good a bearing: which is sufficient to evince, that Sir Simon Degge did ill couple Bonds for preferment of a Son: with Bonds to avoid Pluralities, or nonresidence, which were forbidden by the Canon, and the Laws of this Land. However I assure myself, that Patrons which are for Bonds of Resignation, will never be for Bonds against Nonresidence or Pluralities: since non-resident and Pluralists are their usual Customers. 4. Such Incumbent may consider himself of little use to the Church in which he is: for we have already shown the Patron and all others, that are conscious of his Simony must despise him as a perjured wretch. How can he bless (says a Father) that is accursed? or sanctify others that is himself unholy? or communicate Christ's body, that is not of his body? Dist. 81. c. Maximianus. So says the law Qui sancti non sunt, sancta tractare non possunt. He cannot reprove their vices, lest they should thereby be provoked to tell the truth, and out the Reprover. And he must be of the Patron's Religion, against the 39 Articles, or any part of them as they require. Nor can he stand for the honour and freedom of any Church, that is thus entangled. But two things render his condition yet worse, 1. He is not in the Church as a Guide or Ruler, for his Presentation, Institution, Induction, are all void. Simony enervates the virtue of all Seals. Non suscepisti (saith St. Ambrose) quia gratuitò eam non recepisti. Amb de dig. sacerd. c. 5. And again, Quod dedit pecunia fuit, quod accepit lepra fuit. He gave Money and received Leprosy: that is, nothing but the guilt of sin. For 'tis a Maxim, Nulli ex culpâ lucrum; none may be a gainer by his crimes. In Ordination Leo observes, we get not the Spirit of God, but a Lying Spirit. Si spiritus veritatis gratis accipitur, proculdubio spiritus mendacii esse convincitur, qui non gratis accipitur. 1. q. 1. gratia. Nay they are not Priests, nor is any thing conveyed: and so says Greg. Mag. Quicundque studet per dationem sacrum ordinem accipere, Ib. Idem. sacerdos non est. And again, Presbyter, si per pecuniam ecclesiam obtinuerit, Ib. Idem. non solum ecclesiâ privetur, sed etiam sacerdotii honore spolietur: so that this Church is void, and he ceases to be a Priest. Nor would they acknowledge his offerings or service to be acceptable or pure. Hier. In Mat. c. 1. v. 11. So says St. Hierom, Panem pollutum offerunt quantum ad se, qui ad altare indignè accedunt; quique dato munere sacerdotium praesumunt. As to themselves, they offer polluted bread. Thus the Council of Rouen; Dec. 7. q. 1. Sanctitum. if any enter turpis lucri gratiâ dejiciatur a clero & alienus existat a regula. He is outed as irregular, and his Priestly acts are such Quae fieri non debent, sed fact a valent; good to others not to himself. To conclude, all the Canons and imperial Constitutions go the same way, making all things void, such a Simonist can do: at least as to himself. Hence the Casuists rule, Sa aphor. Sim. n. 10. Collatio beneficii Simoniaca nulla est, 'tis a mere nullity to present by Simony. We must say of him, as Peter of Simon Magus, Thou hast no part, nor lot in this matter, Act. 8. He is a Usurper of that holy office by his Criminal Entry. 2. He stands ipso facto Excommunicate, Navar. l. c. n. 111. both from his Orders, his Living and the Catholic Church. In ecclesiâ Dei eos consortium habere non posse, qui sancti Spiritus gratiam nundinentur, saith Ambrose, Amb. in Luc. 19 they can't hold Church-Communion that trade with the grace of God's Spirit. He that gets any Benefice or Ministry, by reward, Dec. 1. q. 1. Reperimur. Ex eodem tempore se noverit anathematis opprobrio condemnatum, atque a participatione corporis & sanguinis domini alienum. And what comfort can he take in his Calling that is thus entangled with Nullities and Curses; and prejudiced by his sins? 1. That the Primitive Church made no Canons against Patrons, was because in that age there was no such thing: but Election and Ordination brought the Clergy into their Churches, Offices and Profits. And hence the Canons militate against Ordainers and Ordained, Electors and Elected; but the Reason is the same. The Patron being the sole Elector, and shares with the Bishop in filling the Church; and here money qualifies for the Ministry, the spiritual Office is purchased, and the grace of God is bought and sold, as then. 5. Since Christians are not Stoics, to think all sin equal; the Incumbent will do well to consider, in what rank, the most pious Christians placed Simony. Ambr. de dig. Sacerd. c. 5. St. Ambrose calls it mortale vitiositatis is virus, the deadly poison of viciousness. Pope Paschal calls them primos & praecipuos haereticos, ab omnibus sidelibus respuendos; the first and chiefest heretics, to be rejected by all the faithful— again all crimes compared to Simoniacal heresy, Dec. 1. q. 7. pater. quasi pro nihilo reputantur, are accounted nothing. Tharasius said the Macedonian heresy was more tolerable: for that made the holy Ghost God's servant, but this makes him man's Slave, or his Beast to be bought or sold at his pleasure. Ep. Synod. Yea, he thinks it equal to the sin against the holy Ghost. Aequaliter peccantes his qui blasphemaverint, dicentes; Christum in Beelzebub ejicere daemonia; and adds, that 'tis like the crime of the Traitor Judas, that sold his Christ to the Jews, his Murderers. Perpetua mulctatur damnatione says Gregory, and Nazi. says (as Gratian recites him) Nam Spiritus sancti donum pretio comparari, quid aliud est quam Capitale crimen? And St. Ambrose again, Illum constat execrabile Christo perpetrasse flagitium, 'tis a wickedness execrable to Christ. And hence again those pious men in the Council of Meaux in most fervent manner cry out, Cavendum est & summopere studendum etc. We must beware and endeavour by all might and main. And by the merits of Christ's blood must forbid, to all Bishops and Kings, and all higher powers, and all Cherishers, Electors, Grat. 1. q. 7. Et mox. Consenters and Ordainers to any Ecclesiastical dignity; that none may attain any place by Simoniacal heresy, by himself or any Promoter, with any Service, Craft, Promise, Commodity or Gift whatsoever. By which we may see the zeal of godly men, to extirminate that crime, we contrive to bring in. 'Tis perverseness in our judgements, if we reckon that a small thing, which they esteemed heavier than a Millstone, and St. Peter so severely condemned, and for a taste of our own Church, she hath closed with the Primitive in her resentments of it; for she calls it, the detestable Sin of Simony; and says buying and selling Spiritual and Eccesiastical Functions, Can. 1. Jac. 1603. can. 40. Offices, Promotions, Dignities and Live, is execrable before God; I am afraid, he will prove a Bastard Son, that thinks otherwise. Nor is there any Sect, that espouses the Simoniacal cause among the many bad causes owned in the world. 6 This Incumbent's condition is very miserable in the world; 1. Tim. 3.7. for 1. He is under a very illname. 'Tis his duty to endeavour a good report of those that are without, but he hath a bad one amongst those that are within. If Solomon be right, that a good name is better than great Riches; Prov. 22.1. he makes a bad bargain, that parts with his Money for a bad one. Crudelis est qui famam negligit, saith St. Aug. but what is he that famam destruit? ruins his good name? To have a good Conscience is most necessary to his salvation, but to have a good name is most necessary to his vocation. 'Tis no good Character of a Divine, to be reputed shameless. Contemptu famae contemnuntur & virtutes, (says one) Fame can't be despised but virtue is cast off with it, and by so doing, men fit themselves for farther villainies. Liberiùs peccant, cum pudor omnis abest. A blushful countenance is a kind of trash to an over fleet Villain. A grave Philosopher asures us, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. they have very impure souls that desire to be much spoken of for their great wickedness, rather than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, than abstaining from evil to live obscurely. He must expect to be esteemed of no reputation, that hath no other instruction for the Ministry, but a Bag of Money under his arm. 2. His Bonds given (as his best qualification) are suable at Law; so that he must quit his Living, compound with his Patron, or pay it with charges. Inst. 3. f. 154. This was adjudged says Coke in the Common pleas Pasche Eliz. 40. rot. 1745, in Gregory and Oldbury's case. The Statute made nine years before, doth not vacate the Bond unless he plead a Simoniacal Contract; which is a very husbandly way to vacate the Living; but doubtful whether it would void the Bond at last. 3. It will blast his fortunes in marriage, for who will bestow any thing better than an Abigail, on him that is but Tenent by courtesy; and is blown away by one breath of the Patron's mouth out of all he hath. If the Incumbent conceals it when asked, he cheats the Father-in-Law; if he confess it, the bargain is broken. Nor is his credit better, for who will lend him any considerable sum (how importunate soever his necessities be) that knows him indebted in a thousand Marks, or out of his Living? So that this kind of Simony is a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 utter undoing. Is his Purse so big as to talk of a Purchase? but first (says the Patron) let him discharge my Bond: and the fuller he is thought to be, the greater is the Demand; so that he hath the pains, and the Patron the profit of his good husbandry. And who will marry such an Incumbents Daughter, whose Father may soon appear scandalous and so shame him; and out of all, and so lie upon him? Our gentle Mother Academia blushes to see her Sons so bad Logicians, as not to find this fallacy, or distinguish themselves out of these Bonds. But is it not better to have a Living in this manner, Obj. than none at all? 'Tis better be idle than rob or steal, Sol. and to follow no trade than a sinful one; but much better with Marlorat to work with a Spade in a Town-Ditch than either. 2. 'Tis better to provide for the public safety of the Church of Christ than our own. Christ left Heaven to do it service, and why can't we a Living? All refusing these Simoniacal Contracts, the Condition of all is bettered by it. 3. You will lose nothing by it, but appear the more conscientious and fitting man for the Ministry. 4. The Money paid to enter by sin, would maintain you till an entrance be offered without sin. 5. 'Tis better to have a bad Living with a good conscience, than a good Living with a bad one. 'Tis more reasonable to believe the Lord hath no need of us, than to intrude without a call. Dec. de Sim. ●. q. 6. Greg. Mag. tells Siagrius, Is qui invitatus renuet, quaesitus refugit; sacris altaribus est admovendus: Qui ultro ambit, vel importunè se ingerit, est proculdubio repellendus, This was the Primitive modesty, some feigning themselves Fools, some denying themselves to be Christians. Others refusing to be baptised. Others hiding themselves to avoid their Elections. Greg. Nazianzen after he was chosen Patriarch of Constantinople (equal then to the best preferment in the world) by an Ecumenical Council; observing some few Egyptian Bishops against him, Hist. eccls. l. 7. c. 7. refused the Patriarchate (as Sozomen and many others affirm.) Prisci viri sanctique homines difficilius ad Pontificatum vocabantur, quam nunc ex alio amoventur, Ae●. Sylu. ep. 25. Cyp. to. 1. ep. 52. says Aeneas Silvius. And Holy Cyprian assures us, Cornelius vim passus est, ut episcopatum coactus exciperet, Cornelius was forced into the Popedom by plain violence. Eusebius Emissenus that great light of the Church, was earnestly solicited to accept the Patriarchate of Alexandria, by the Synod of Antioch; or at least by Eusebius Patriarch of Constantinople; Socrat. hist. l. 2. c. 6. but he refused it: as he had fled before to Alexandria from Antioch to avoid that Patriarchal See. Pontius shows with what unwillingness holy Cyprian was called forth to the Primacy of Carthage. Pontius in vit. Cypr. Synesius that acute Divine and Philosopher, declared in a Letter to his Brother, that he believed not the Resurrection, on purpose to avoid the Bishopric of Cyrene, which yet could not defend him. Evagrius however took him at his word, and hath left him on Record as an Infidel to the Resurrection, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Evagrius l. 1. c. 15. being (in his opinion) not so much as willing to seem to believe it. So Eusebius Pamphili, urged by the Common shout of the City of Antioch, and solicited by Constantine's Letters, upon the request of the Synod at Antioch: yet constantly refused the Patriarchal See. The Emperor hearing him allege, that it was against the Decree of the Fathers to remove from a less to a greater or other Diocese, commended his self-denial; Sozom. l. 2. c. 18. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Nyssen gives us a fair account of that man of wonders Gregorius Thaumaturgus, Nyssen in vit. Greg. Thaumat. his flight into the Wilderness to escape the Chair of Naeo-Caesarea; yet at length was strangely brought back to it by the prayers and contrivance of Phedimus. Greg. Turon. l. 10. c. 1. Jo. Diac. l. 1. c. 39, 40. So Gregory the great, after he was chosen by the Clergy and People of Rome to the Papal dignity, wrote earnestly to Mauricius then Emperor to refuse his Confirmation, of what the Electors had done, that he might escape so weighty a charge; as Gregory Turonensis and Joh. Diaconus report it. The Rule then was Quaeratur Cogendus; Epiph. ep. ad. Joh. Hieros. his Neighbour Bishops oft caught, ordained, and restored several Presbyters that fled from him, to escape cape holy Orders. And this was the Imperial Decree, that whoever was ambitious of holy Orders, Col. l. 1. tit. 3. de epis. & cler. c. 31. should not be received. This Sentence executed, would abate the number of Simonists, and make a thin Church amongst Conformists and Non-conformists too: however, it may serve to raise a shameful blush on the face of such as purchase their way of Entry. 6. The world will conclude, there is no merit where the entrance is attempted by Money. 7. By such a Preferment you are more entangled than advanced; and in a year or two (when the Patrons will and pleasure is) may be as far to seek as ever. 8. By the Canons of the Church, Simoniacal Entrance makes you uncapable of any Ecclesiastical promotion for ever. Pius the 5th his Bull speaks not so much, the sense of the Roman as the Catholic Church. The Canons, Civil Law, and Decretals, all affirming deposition. Cum omni fiducia clamo, Qui per Simoniam ordinatus est alienus est a sacerdotio: adding this reason, 1. q. 7. Si quis omnem. 1. q. 2. Si quis dator. neque enim venalis est gratia spiritius: you get no more than Simon Magus by it, who was extirminated for ever. Perpetua mulctetur damnatione, says Greg. And because Simony vacates all Seals, and conveys no right, the Casuists affirm you are bound in conscience to resign whatever is so gotten, and to make Restitution of what profits you have received. If you think these Canons void in Law, yet they are not in Conscience: nor in Law neither, as it seems by the Statute made 25 Hen. 8. c. 19 which affirms all Canons not contrariant, nor repugnant to the Laws, Statutes and Customs of the Realm; nor to the damage or hurt of the King's Prerogative Royal, shall be now still executed. This is the Statute of the submission of the Clergy, and was the rule they were to walk by. Nor is the matter altered in this Statute of Simony, 31 Eliz. 6, for the fourth Paragraph provides, that the Act should not restrain any censures Ecclesiastical, but that the Ordinary might execute them; as before the making of the said Act, upon which Degge delivers his opinion, that corrupt Patrons, Parson's Coun. p. 2. c. 5. who take Bonds for Resignation, without any reasonable cause apparent, may be called to account before the Ordinary, etc. and censured if occasion be: and doubtless so may the Incumbent too. Some say the Statute of 25 Hen. 8. c. 19, is expired as temporary; and indeed so it was designed, provided a body of Canons had been picked our of the ancient Councils, to have been ratified by some subsequent act, but that was not done, and probably never will; and therefore (under correction) we may say, it is in force still. Lastly, such an Incumbent aught to consider, he is self-called, and not called of God. Christ the first Priest of the Christian Church, would not stir till his father had sent him. Nor did any Apostle enter the office but as Christ sent them. John 20.21. As my Father sent me, so send I you. Nor is there any in that office that taketh this honour to himself, but he that is called of God, as Aaron was; Heb. 5.4. He that acts without a warrant, will not be born out in what he doth. To engage without command hath received punishment, in successful fights. If we will act without Commission, we must do it without comfort too, expecting (as well we may) to hear that reproachful Nip, who required these things at thy hand? We forge the Broad Seal of Heaven, if we enter upon our Saviour's Embassy without his Order. The Church is bid to pray the Lord of the Harvest, to send forth able Labourers into his Harvest. Matth. 9.38. And how can we expect wages except he sets us on work? But these hire themselves, and bear witness to themselves of their own worth; artificial Pastors made by their own contrivance. Like Bastards they are Sons of their own fortunes; true Terrae filii that no body else will father. And thus to enter (says Amesius) is planè Diabolicum, Cas. Conse. l. 4. c. 25. n. 20. a mere promotion of the Devil; for (as he adds) officium curae animarum est spirituale Dei donum— & proinde idem in genere & ex naturâ rei est, illud officium emere; cum eo quod fecit Simon, Act. Ib. n. 21. 8. 'Tis not doubted, but the right of calling is principally in Christ, but by way of Delegation in the Bishop, acting in the behalf of Christ by virtue of the Commission granted to him, Joh. 20.21. and in the Patron to whom the people must be supposed, to have delegated their power of electing, or rather consenting; which (when the dust of contention that blinds men's eyes is laid) will appear as lawful as any Churches can elect Representatives to appear for them in Synods: but then to purchase this delegated consent of the Patron, is the foulest of all corruptions. We then enter injussi & non vocati, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 227. and therefore ipsos diaboli nuntios efficaciter convinci posse; says Hunnius from Luther, and show ourselves to be the Devils Messengers. Luther tells us himself, he that hears one uncalled, doth hear Diabolum corporaliter loquentem, a Devil incarnate preaching. In. Luc. 12.42. This Simoniack Call, is from Pluto the God of Hell and Wealth; and his Ambassadors they are. Hear how honest Stella derides them, on those words, Quem constituit dominus super familiam. O quanti sunt Praelati (says he) quos non constituit dominus sed ipsi se constituerunt suâ ambitione, favoribus aut pecuniis; and thinks God permits them only for the people's sins, as a plague and curse to their Congregations. Then (says he) thou art called of God, Exod. 4.13. Jer. 1.6. Is. 6.5. Jon. 1. Quando sine Tuâ solicitâ diligentiâ, dignitas Tibi offertur; and wonders any would be so bold as to purchase, what Moses, Jeremiah and Isaiah refused and bewailed, and Jonah fled from. A man may satisfy his conscience that he is called of God, when his own strong and constant inclinations shall lead him to the Ministry: and his Friends not only consent but devote him that way, and his own abilities are not only sufficient, but are better for that way than any other. And then that he be invited in by some Church or Patron, which is a Churches Representative, and approved, ordained and instituted by the Bishop, whom Christ Commissioned to that purpose. But (says Stella) the Church ever pronounced him unworthy that thought himself worthy. Let us now conclude with this hearty Obtestation, to both Patrons and Presentees; to remember, that self-denial is a Gospel grace, self-seeking is a Gospel disgrace: by the first we can do no hurt, by the second we seldom do good. In this danger Alcibiades will tell you, 'tis better 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to fly the danger, than escape at Trial. A good conscience cannot easily close with suspected wickedness, but much less when 'tis detected. I know your hearts are hardened by the deceitfulness of sin, and you are hired by your profit to turn a deaf ear; yet I would be loath to make my Addresses to you, as the Cynic did to a dead Statue, only to learn to bear a Repulse. I think I may confidently say, if this Doctrine be hid, 'tis hid to them that perish; whom the God of this world hath blinded. If therefore you desire to escape the Crime and Curse of Magus, if you have any regard to the honour of God, any care for the Edification of the Church, any desire for the safety and glory of your Country, any pity for your own souls, any tenderness for your families, any aim at your own peace within, or at a good name from abroad, if you have any love for Learning, or Reward for virtue, or kindness for Modesty, abhor these vile practices. The Jews were thought to worship Bacchus, because they had a Golden Vine in their Temple; and won't men think you worship Plutus? that have brought the Bank thither. Silver shrines may very well become Diana's Temple, but more pure souls the Temple of Christ. Let the Priest have leave to purchase the Ministration, when the Deity is a Golden Calf. But to give or take Money to worship the pure Jesus, is more absurd, than to offer Wine to the Nymphs and Water to Bacchus; than to throw Bones to the Horses, and Hay to the Dogs. Is it not more gallant in Peter and Elisha, to disdain earthy men's proffers, than in poor-spirited Gehezi to run after them? Do holy men boast, Silver and Gold have we none; and are we such ignoble minds, as to think we can't be saved without them? That Princes amass treasures, is a sign they are unhappy: Angels and glorified Spirits that enjoy perfect bliss refuse it. Pots of Ointment, and rich Washeses are the purchase of the deformed: a native beauty needs no paints nor fairdings. 'Twas a biting conceit of the Poets, that the Carcase of the Sheep that wore the Golden Fleece, Dist. 88 c. Negotiatorem. was good for nothing. And hence peradventure came St. Hierom's advice, Negotiatorem Clericum— quasi quandam pestem fuge. Leo in his Epistle to Bishop Anatholius assures him, Virum Catholicum & praecipuè Domini Sacerdotem, sicut nullo errore implicari, ita nulla opum cupiditate violari oportet. Tert. reports that Enoch delivered it as his judgement, Lib. De cultu faemin. that Silver and Gold were ab angelis malis inventa. Had he said the Simoniacal use of them had been from the instigation of the Devil, good men would have closed with the opinion. Athenagoras, Leg. pro Christianis. as a man of the old Christian make, calls these covetous souls, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as less worth than their treasures. De Relig. c. 1. The best Lactantius can say of them is, Quibus rebus nemo melior, nemo justior fieri potest. No man was ever made more just or more upright by them. Hence he observes the most virtuous Heathens, abjecerunt omnia— ut solam nudamque virtutem, nudi expeditiùs sequerentur; rejected all their pelf, to render themselves more sleet in the pursuit of virtue. It seems the Philosophers had a clearer apprehension of them than our drossy souls, too deep immersed in matter; for they held them to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as voluminous Gowns that hinder our walk; and so do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Demophilus speaks. V Gal. edit. opuscula. p. 3. 'Tis strange that a Christian should damn himself, to gain what these brave Heathens slight. 'Twas beyond my expectation, to hear Acosta say, Quizacoalt the God of Riches was the most honoured Idol amongst the Cholutecas; yea in all America: Accost l. 5. c. 30. but he confines it to the Merchants. Our Simonists being of the same trade, are not unlikely to join with them; yet 'tis an unaccountable madness, that a man should run such infinite hazards, for what can do him so little service. Can he buy Heaven and Glory, the pardon of his sins, the favour of God, the blood of Christ, or ransom his ruin'd soul by it, 'twere the more excusable. But when it will not purchase him an hours piece of conscience, nor a minute's continuance in this vale of misery, when his time is come; but that with Judas he must cast his unjust gain away in fearful desperation, and shut up his days in the blackest Clouds of vengeance. Sith his head must ache, though encircled with a Golden Diadem; his Foot rage with the Gout, though in a Golden Slipper; his heavy Heart must sigh, bibit licèt Gemmas, though he drink Cordials of Pearl; and cannot sleep though he sinks in Down; Cypr. l. 1. ep 2. as the eloquent Primate of Carthage hath it: who can excuse them from acting worse than children, that beat out their strength in pursuing Butterflies? since children lose but their labour: but these lose Christ, Heaven, Glory, Soul, Body and all Comfort eternally by it. To be poor at worst, is but an afflicting state; but to be Simoniacal is a damning State. By such luckless Acquests, men add more guilt to their consciences, than Gold to their Purses. How literally do these unhappy souls construe and apply the Satyrist's ironical advice Vende animam lucro— Pers. Sat. 6. but why may he not sell his soul, that thinks it lawful to sell his God? and yet sure, he makes but a bad Title, for the Purchaser never gets him. But stay, we are slipped into an Ocean of discourse, by following the strong stream of Simony, into the bottomless Sea of Avarice: and in truth there it gins, and there it ends. The Root of all evil is the Root of this too; and 'twill be hard to destroy these profane branches, without plucking up the Root. For (as Polydore Virgil observed) reckoning up the punishment of Simony; privatur Sacerdotio, De Invent. lib. 8. c. 3. in fino. dignitate ac praefectura dejicitur, infamis habetur, multisque aliis afficitur probris; at length adds, Tanti criminis sola est avaritia parens. Timon observes, that covetous that covetous desires are the Elements out of which men may spell all sorts of evil: and have composed this fowl Monster. Whoever can make the best assault upon Avarice, will be the most fortunate man, in the suppression of this most insolent crime. It hath hitherto been too hard for all the moral attaques of God and Man; of the Old Testament and the New, of Prophets and Apostles, of Councils and Parliaments, of Canons and Statutes, of Conformists and Non-Conformists. As diseased Bodies have lost their true Gusto, so have these Covetous Souls lost the sense of true praise, and are as difficult to be reclaimed, as men perfectly stupid, are to be taught. But we may well pity them, Sen. ep. ad Lucil. 168. for as Seneca often notes, In nullum Avarus bonus est, in se pessimus, he is kind to none, but most unkind to himself; loading his Soul with sins, his Name with scandal, and his heart with cares. Yet since he is also a shame to his Church and Country, we will rise up, and call that Senate blessed, that shall consider this sin as the Nations great Grievance, Religion's scandal, the Church's damage, and every private man's injury, who himself, his Children or Relations may hereafter be qualified for Church-preferments: and shall accordingly endeavour to perfect blessed Elizabeth's design, by making all Presentations void and forfeited, that shall be clogged with any gifts, payments, promises, Bonds of any sort, Covenants, or other Instruments whatsoever. Since the Patron's duty is no more than to search out, and his right to no more than to present a learned and pious Guide to the People, to lead them the strait way to Heaven. The Laws of the Land are, or may be made sufficient to curb all Exorbitancies of an Incumbent, without the Patron's By-Laws; which are and will always be made to his private, against the public benefit. May they also farther provide (according to the ancient Law) that no sales of Advowsons' may be good, unless they are made in Fee-simple. By which, these subtle Traders will be forced upon a new strain of Invention to cheat the world; and a poor conscientious, modest and grave Divine, may stand as fair for preferment as a Golden Ass. Worldly souls fear men more than God, and Laws more than Gospel: being led by sense rather than faith. Luc. 16.14. The Scriptures show that the careless neglected, but the Covetous derided Christ; and much more will they the clearest products of Reason and Religion: and therefore we call for the scourge of Laws, which are most proper for the Fools backs, that can't be persuaded by the strongest Arguments: to which therefore I leave them. FINIS. POSTSCRIPT. APologies are never excusable, but where there are errors real or believed; and here they are too visible to need an Asteric: the Author's distance from the Press hath given security to some Erratas to pass uncontrolled; and many Marginal Citations stand awry, sometimes advanced too high, and at other times depressed too low, which will need the ingenuity of a kind Reader to rectify: to whom the Author will hold himself a Debtor for his pains, and impose no farther trouble on him, but to add these few words to Page 84. The right of the Crown to the first Fruits and Tenths in England, accrues from a joint consent of the whole Church, by an Instrument passed in full Convocation in the reign of Hen. 8. A. D. 1534, Godwin. Hist. of Hen. 8. to transfer the same; which were resigned to the Church again, after twenty years' possession by Queen Mary, Godw. in vit. Mar. A. D. 1554, as judged unlawful for her to hold: yet the emptiness of her Exchequer caused her to reseize them not long after, for supply of present wants. Since which time they have continued in the Crown without interruption; wants being as easy to be pretended now as ever, and can never fail to a Covetous mind.