An apology of the treatise De non temerandis ecclesiis against a treatie by an unknowne authour, written against it in some particulars / by Sir Henry Spelman Knight ; also his epistle to Richard Carew Esquire, of Anthony in Cornwall concerning tithes.

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Title
An apology of the treatise De non temerandis ecclesiis against a treatie by an unknowne authour, written against it in some particulars / by Sir Henry Spelman Knight ; also his epistle to Richard Carew Esquire, of Anthony in Cornwall concerning tithes.
Author
Spelman, Henry, Sir, 1564?-1641.
Publication
London :: Printed by J.L. for Philemon Stephens, and are to be sold at his shop ...,
1646.
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Subject terms
Spelman, Henry, -- Sir, 1564?-1641. -- De non temerandis ecclesiis.
Carew, Richard, 1555-1620.
Church of England -- Finance.
Tithes -- Great Britain.
Cite this Item
"An apology of the treatise De non temerandis ecclesiis against a treatie by an unknowne authour, written against it in some particulars / by Sir Henry Spelman Knight ; also his epistle to Richard Carew Esquire, of Anthony in Cornwall concerning tithes." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A71056.0001.001. University of Michigan Library Digital Collections. Accessed May 7, 2024.

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THE APOLOGY.

This Apologye cleareth some passages, as,

  • 1. Touching the word Ecclesia, which signisies either a materiall Church, or the Con∣gregation of the people assembled.
  • 2. An explication of the text of Esa. 56. 7. My house shall be called the house of prayer.
  • 3. The place of the Aposile, 1 Cor. 11. 12. Despise ye the Church of God?
  • 4. The exposition of the 83. Psalm. against such as destroy Churches, and the main∣tenance of them, and the Ministers.
  • 5. The number of Churches spoild among us.

COming to my worthy friend Sir Ralph Hare, and ly∣ing a while idle there, I thought that idle time fit∣test for some idle worke, and disposed my selfe there∣fore to give some answer to such passages of this Trea∣tise, as the Author at his pleasure hath very idly if not maliciously taxed me in. But being far from my books, and having not so much as that Treatise of his by me, or any note out of it, I shall no doubt forget, mistake, o∣mit, and misplace many things. Wherein (good Rea∣der) I must entreat thy patience and favour.

It being brought unto me, I ranne over divers leaves thereof, wherein I met multa verba, nulla verbera; but judging therefore the Author by his worke, I thought neither of them worth the answering: himselfe, as it seemeth, some rude Naball delighting in contentions and uncivill speech: wherein I will not contend with him, onely I will consider of his reasons, though indeed they are such as will shew him to be a weake adversarie Qui strepit magis quàm sauciat. And therefore though I sit safe out of his dint, yet will I let the reader see, how vainely he bestoweth his shot, and how farre from the marke.

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As for the parts of my booke wherein I labour as he saith, to prove tithes to be due jure divino, and his answers thereto, my purpose is not here to medle with them, for that they require a more spacious discourse then ei∣ther that volume admitted, or I now meane to enter in∣to, it being not a private question, betweene him and me, but long controverted by greater clerks) and left to this day as questionem vexatam non judicatam. The truth is, the course of my argument lead me upon it, and I therefore produced some arguments tending to the maintenance thereof, but referring the point unto a greater work, and forbearing to declare my selfe there∣in, without ample and more laborious examination of so great a controversie: leaving therefore that as a ge∣nerall cause, whereof he may perhaps have more ano∣ther time, I will here wage my selfe against him onely in those things, wherein he chargeth me particularly in my owne person; and passing over amongst them such snatches of his, as scarcely ruffle the haire, I will onely meddle with those parts, where he thinketh he biteth deepest.

First, he quarrelleth with me about the title of my booke, in that I use the word Ecclesia for a materiall Church, or (as in contempt he termeth it) a stone-house: affirming in his learning, that it signifieth onely the con∣gregation: which assertion if he could make good, would give him a great hand in the cause, for that much of his argument following lieth very heavily upon this pin. Surely if I guesse right some Dictionary hath decei∣ved him, for perhaps his reading reacheth not so far, as to resolve him herein: but if two thousand authorities be sufficient to defend me withall, I speak it without hyperbole, I assure my selfe I could produce them. Who

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knoweth not how ordinary a thing it is, to have one word signifie both the persons, and the place: as Civitas, the citizens, or towne; Collegium▪ the society or house; Senatus, the Senators, or Senate house; Synagoga, the assembly, or place of assembly. I am sure he will con∣fesse, that where it is said, He loveth our nation and hath built us a synagogue: It is not there meant of the persons, he built them a congregation, but of the place. A Sy∣nagogue, and Ecclesia, signifie both one and the same thing, the congregation, or place of congregation; in which sense we Christians notwithstanding use onely the word Ecclesia, for our congregations, and houses of prayer, for that the Jews had taken up the other word, for their Oratories, according to an old verse:

Nobis Ecclesia datur, Hebraeis Synagoga.

And in this manner was the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 used amongst the Greeks before the Christians borrowed it from them, as it appeareth by some of your Lexicons, where it is said, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Caetus, concilium, congregatio, &c. po∣nitur etiam pro loco ipso in quem convenitur. Lucianus, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. i.e. Ubi curiam (in qua consultant) undique stravero. And that the Church hath ever since used it in the same sort shall by and by appeare, when we come to insist more particularly upon this point. Faine would I know what himselfe would call one of our stone-Churches, in Latine. Templum, savours of Ju∣daisme▪ and if I should have used a word of the ancient Fathers, and said, De non temerandis Basilicis, Curiacis, or Dominicis, it may be I should have driven him to his Di∣ctionary, and yet left him pusled. I thought fanum too prophane a word, but he perhaps would think it so much the fitter; for a Church, and a play-house seem a like to him.

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Another of his quarrels is that I apply the place of Isaiah the Prophet, cap. 56. 7. My house shall be called an house of prayer, locally to places of prayer, whereas he saith, it was spoken figuratively of the congregation of the faithfull. I exclude not that sense, but I assure my selfe our Saviour Christ, when he whipt the sellers out of the Temple, not out of the congregation, applied this Scripture to the very place of prayer: and it is question∣lesse that the old and late classicke writers so expound it.

Some quotations here were intended out of ancient and mo∣derne Authors, which though I could easily supply, yet being loth to adde any thing to the originall copie, I leave it to the learned reader to consult the Commentators, which is easily done.

Againe it much offends him, that I interpret the words of Saint Paul 1 Cor. 11. 12. Despise ye the Church of God? as spoken of the materiall place, which after his manner he will also have to be onely understood of the Congre∣gation; and had the word ecclesia no other signification, then doubtlesse he had obtained the cause. But obserue I pray, what I have formerly said touching that point, and then take into your consideration, the words of the Apostle as they lye in that chapter. First in the 18. verse he saith, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Quando convenisti in ecclesia. For these be the very words, and how we shall English them is the question. Whether when ye come together in the Congregation, that is, in the assembly; or when ye come together in the Church, that is, in the place of the assembly. I confesse the words indefinitely spoken may beare either interpretation, and I condemne neither of them in this place. Yet let us see which is more probable, or at least whether my trespasse deserves

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his reprehension. The Apostle continuing his speech upon the same subject, in the 20. vers. goeth on thus: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: as if he should say, conveni∣entibus igitur vobis in eodem; leaving 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in eodem, spoken neutrally, and as it were, to be applied either to the assembly, or the place; which to put it out of doubt, Beza, and our English Geneva translation doe adde the word, locus, a place, in a different letter, to declare the meaning of the Apostle and read it accordingly: When you come together therefore into one place. So that now it is determined how the word Ecclesia, or Church, in the 18. vers. before going is to be expounded: and then joyne the words subsequent unto it, wherein the Apo∣stle complaineth of the abusing that thing, which before he spake of, and in reprehension of the abuse commit∣ted therein by eating and drinking; he saith vers. 22. Have ye not houses to eate, and to drink in? or, despise ye the Church of God? Where the very antithesis of houses, to eate and drink in, with the Church of God doe still pursue the precedent interpretation of Ecclesia for the place of assembly: as if distinguishing betweene places and not persons, he should have said, Your houses are the places to eate and drink in, but the Church is the place of prayer: otherwise he might perhaps have said, Have ye not other meetings to eate and drinke at, but despise ye this holy meeting? And I thinke it not with∣out speciall providence, that the Translators therefore did translate here, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉? an eccle∣siam Dei contemniti? Despise ye the Church of God? not despise ye the Congregation of God? for the word Chyrche, coming of the German word Kirken, and that of the Greek word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifieth Dominicum, or the Lords House, & was in ancient times, as Eusebius and

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Nicephorus witnesse, the common name of materiall Churches, doth to this day properly signifie the same: and we doe never use it for a particular congregation, but either generally for the body or society of the faith∣full through a whole kingdome, or common wealth; or particularly for the very place of prayer onely.

This foundation being now laid upon the words of the Apostle himselfe, let us see how it hath been since understood by the Fathers, and Doctors of the Church, as well ancient as moderne. Hieroms opinion appeareth already in my booke, and Chrysostomes you shall heare anon. But this man despiseth the first, and therefore I am sure he will account as lightly of the second. A Senate of Fathers moves him not an haire: a right monothelite, he opposeth his owne onely will against them all. Yet to satisfie some others, whose eares perhaps may be better in tune, I will cite one who for humblenesse of spirit, in∣tegritie of life, and admirable learning for the time he lived in, hath ever since been venerable throughout the world; and no forreigner but our Countreyman Bede, who upon these words Numquid domos non habetis?—an Ecclesiam Dei contemnitis?

Ecclesia (saith he) homines sunt de quibus dicitur ut exhi∣beret sibi gloriosam ecclesiam, hoc tamen vocari etiam ipsam domum orationum, idem Apostolus testis est, vbi ait, num∣quid domos non habetis ad manducandum & bibendum? an ecclesiam Dei contemnitis? & hoc quotidianus usus loquendi obtinuit, ut in ecclesiam prodire, ad ecclesiam confugere, non dicatur nisi qui ad locum ipsum, parietesque prodierit, vel con∣fugerit, quibus ecclesiae congregatio continetur. But he will say that all this old wine savours of the caske, therefore we will spend no more time in broaching of it. Taste of the new. Peter Martyr upon the place. Quando conve∣nitis]

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potest (saith he) hoc referri ad locum qui unus omnes continebat, ita ut notetur corporalis conjunctio, &c. and then, An ecclesiam Dei contemnitis? potest accipi Ecclesia (saith he) pro caetu saecro, vel▪ pro loco quo fideles conveniunt, &c. Si vero de loco intellexeris (ut Chrysostomus videtur sen∣tire) docemur contaminari locum ex abusu. Vnde Augustinus dicebat, In Oratorio nemo aliquid agat nisi ad quod factum est, vnde & nomen recepit; ad alia munera obeunda plateas & domus habemus. And complaining of abusing of Chur∣ches he goeth on: At nunc templa deambulationibus, fabu∣lis & omnibus negotiis prophanis toto die patent C. hristus fla∣gello parato ex funiculis, ejectis ementibus, & vendentibus, templum Dei repurgavit: and goeth still on in this man∣ner much further. Marlorat also a common and good friend to our Preachers being well pleased with this ex∣position and invective of Peter Martyr, translateth it verbatim into his owne Commentary upon this place; and thereby delivereth it also to the world as his owne opinion.

But come we now to that part of my booke which puts him most out of patience above all the rest, my ap∣plication of the 83. Psalme to such as destroy Churches, and bereave them of their maintenance. This he saith, fitteth my matter as an Elephants skin doth a gnat, yea it hath no cohaerency therewith either figuratively, alle∣goricall, or anagogicall. To retort his scoffe I might say, it seemeth, an Elephant of absurdity to the Gnat of his learning: but I desire rather to satisfie him (Si malitia non mutaverit intellectum) then to disgrace him.

It cannot be denied if there be a correspondency be∣tweene the body of our Church and Common wealth, with the body of the Church and Common wealth of the Jewes, the same must also hold proportionably a∣mongst

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the members thereof, and in consequence that the passages of state, of government, of peace, warre, li∣berty, oppression, prosperity, adversity, and other oc∣currents either active or passive, must hold some aspect and analogy, one unto the other. And then also that whatsoever is denounced against the enemies of the one, trencheth comparatively against the enemies of the o∣ther. Come then unto the matter. The prophet inveigh∣eth against them that seeke to spoile, oppresse, or disturbe the Church of God seated in India; be it openly by war, or secretly by some stratagem of wit: Doth not this thwart them also that attempt the like in our Church? Yes, saith he, against them of the King of Spaines Ar∣mado in 88. and those of the Powder Treason, wherein the universall desolation both of the King and King∣dome, Church and Common-wealth were not onely projected, but attempted by our enemies.

But shew me, will he say, what hath the appropri∣ating of a pelting Parsonage, or the pulling downe of a stone-house, which you call a Church, is unto this? for the one is an Elephant, the other but a Gnatt.

I answer. Eadem est ratio partium quae est totius. And out of this reason and analogy our Saviour Christ argueth him that casteth but a lascivious looke to be guilty of the great Commandement, non maechaberis, as well as him that committed the very heinous act it selfe: and then also that whatsoever the Prophet denounceth against them that spoile the Church in generall, the same de∣scends upon every particular man, that spoileth the same in any particular part: as, Omne genus praedicatur de omnibus & singulis suis speciebus etiam insimis & indivi∣duis.

Now that the taking up of these parsonages and defa∣cing

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of places of publike prayer is a spoile of the Church of God, appeareth in this, that the meanes and mainte∣nance of the seruice of God, and of his ministers is there∣by diminished, and destroyed, which subtraction of maintenance from the minister, God in Malachi 3. 8. de∣clareth to be a spoyling of himselfe, for that his seruice is thereby hindred, and his Church impaired. And al∣though this man affirmeth, that although there were ne∣ver a stone-Church or minister in the kingdome, yet the Church, and service of God might stand well enough, for that every mans family is a Church, and every ma∣ster thereof tyed to instruct his servants, every father his children: yet by example of the Church in the time of the Apostles, we ought to have places of publicke pray∣er, and some to instruct these masters and fathers; for the husbandman, the artisan, the day-labourer, are not commanded to neglect their vocation and turne preach∣ers, as too many now adayes do. And though perhaps some such good men out of their devotion would preach now and then to instruct their brethren, yet who shall do it ordinarily, and where shall the Assembly be enter∣tained; for every town hath not a Guild-hall, a Sessions∣house, a Cock-pit, or a Play-house fit for such a multi∣tude. And though they may, as he saith, serve God a∣broad with Paul; in a dungeon with Ieremy, or on a muck∣hill with Iob, yet heat or cold, wet or wind will hinder them at one time or other: so that doubtlesse it were ve∣ry necessary to have a man, and a place publickly ap∣pointed for the service of God in every Congregation. And then since this man cannot perform his office with∣out maintenance, and such a place as we speake of, the taking of them away puts him from doing his duty, de∣prives his parishioners of their instruction, and then by

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consequence spoyles the Church of God; and so the curse of the Psalme lyeth justly against them.

But let us now take a view of the gnat he speaketh of, and which he contemneth so much in respect of the smalnesse thereof. Had there been but three or foure of these livings taken from the Church, his fancy might have had the more colour, to use such fond applica∣tions: but if it cometh to three or foure hundred, it groweth now beyond the size of a Gnat, what shall we then say of 3845. livings, or appropriate Parsonages, thus taken from the Church, which is more by 1126. then the halfe of all those that remaine, and within 897. as many as them all: for the Churches not appropriate are but 5439. through all England and Wales. So that the parishes of the Churches appropriate containe neare about the one halfe of the kingdome, which is more, if Hierome in his Epistle to Dardanus (as I take it) deceive me not, then twice so much as all the land of Iudea, though we reckon the kingdome of Israel into it, but ma∣ny times more then the kingdome of Iudea, which con∣teined but the two tribes onely that stucke to God; and of whose times this Psalme seemeth to be a prophecie. And thus ye see both the gnat and the Elephant that he speaketh of, though I mean not to propose them to you by way of comparison, but discover his intemperance or want of judgement.

But to support his credit with a broken prop, it may be he will say, that upon the appropriating these Chur∣ches and transferring of them to the King, there was a provision left in most of the parishes for a Vicar, or Cu∣rate to do divine service there, and that nothing was ta∣ken from them but superfluity: so to keepe them in diet, and bridle their immoderate luxurie, which he proclai∣meth

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to be so exorbitant as scarcely all England, and Virginia to boot, can satisfie. Lord blesse us! is it pos∣sible that our Church-men should become so mon∣strous? or hath Shimei thus railed against the body of them without his perill? I hope much better of their temperance, then of his tongue: But I leave them to make their own Apology, for I have digressed beyond my purpose, and therefore will spend no time in dis∣coursing upon the provision made for Vicars and Cu∣rates in these Churches appropriate. He seemeth to be of Micahs mind, that ten shekels, or a matter of foure nobles a year, besides diet and a suite of apparell is a faire maintenance for one of our Ministers. In which point I have else-where declared my selfe at large, and will not therefore here insist upon it; onely this I would know of him, what surplusage, or superfluity there could be to give unto the King, or take from the Church, when besides the maintenance of the Mini∣sters, much was to be disposed by them in relieving the poore, and other pious uses.

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