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A91836
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The right of tithes asserted: by our old Saxon lavves. A discourse proving them to be neither popish nor antichristian. Wherein the patrons ancient interest is also briefly vindicated, and a word likewise added for universities. By one that hath no place in either of them: nor incumbency upon tithes.
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One that hath no place in either of them.
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1653
(1653)
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Wing R1507; Thomason E712_9; ESTC R203391
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7,565
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11
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THE RIGHT OF TITHES Asserted by our old SAXON LAWES A Discourse proving them to be neither Popish nor Antichristian WHEREIN The Patrons ancient Interest is also briefly vindicated and a word likewise added for UNIVERSITIES By one that hath no place in either of them nor Incumbency upon Tithes ROM 13.7 Render to every one his dues 1 Cor. 9.14 The Lord hath Ordained that they which Preach the Gospell should live of Gospell Sacerdos sum vivo de decimis Hieronym T. 1. Ep. p. 13. Austin hath an whole Sermon de reddendis Decimis De Tempor Serm. 219. Ex debito sunt c. London Printed in the Yeare 1653. Old SAXON LAWES FOR TITHES MAny clamorous Invectives have of late appeared against Ministers those very Ministers that gave the Writers their being in Christ if they have any some of which Pamphletiers under the specious pretence that their Maintenance by Tithes is Antichristian and Judaicall drive at least obilquely upon their totall extirpation Their Jus Divinum hath long agoe beene asserted in a Theologicall way upon the occasion of famous Mr. Seldens History by Doctor Sclater and others and if that were now the Question there be 't is said learned Men that can justify them in that sense Some have sufficiently declared how this designe kindly gratifies the men of Rome who have had their Hands even up to the Eboes in our troubles Others have manifested the Inconveniences and Mischiefes that attend the bringing of them into a common Stock or Treasury that will necessitate Ministers to frequent Markets and neglect their studies Besides their vexations waiting upon Officers and Pay-masters to their great losse of time and money the Ministers of Augmentations notwithstanding all the Care and Love and Faithfulnesse of the Honourable Trustees meete with many Obstructions and the cry out of Wales is loud and exceeding grievous and this Parliament some say is Resolved to send downe and see whether they have done altogether according to that Cry The Incumbents right to this maintenance hath beene represented by the Statute Lawes of the Land all along from Magna Charta downward in a Catalogue of well-neere 60 Acts of Parliament The learned Counsell found some at first dissatisfied who went away convinced by their mentionings from Litletons Tenures Ld. Cookes Institutes and other Bookes Pleadings and Judgements concerning the Ministers just Right and Free-hold in TITHES by Vsage and Custome time out of mind and other justifications from the Common Law concluding that none have more legall right to any thing they doe possesse and if this breach bee made a wide doore will be set open to undermine all Civill Rights and Proprieties Some sprinklings there were also spoken of from the Old Saxon Lawes The endeavour of this Piece is to shew that Tithes are not Antichristian or Judaicall but first those ancient Saxon Records not yet so obvious to English Readers shall be propounded from Lambard that hath published many such Collections and the Saxon Bede together with Sir Henry Spelmans Councells De 4. Linguis 1o. 142. Mr. Somner t is like gives some further light for Dr. Merick Casaubon after his due commendations of that Kentish Gentlemans Abilities and diligence in those Antiquities affirmeth that hee hath severall Lawes which Lambard cites not It were well worthy some good mans undertaking to perswade those and other such labours of his abroad and it would become some others to preserve those Saxon Monuments at Canterbury Worcester Excester and else where The first that I finde is the Law of Offa King of the East Angles Sp. Conc. 308. about the yeare 793. by which he gave to the Church the Tithe of all his substance Ib. p. 352. In the next Century is the most considerable and free donation of Aethelwolph at Winchester in the presence of the Kings of Mercia and the East-angles all his Nobles and Bishops consenting thereto Hee was heire and successor to that Egbert King of the West Saxons that converted the Heptarchate into a Monarchy the seven Kingdomes into one and having gotten all the Lands of England into his Possession hee conferred the Tithes of all upon the Church and this so famous a Record is not mentioned by one but divers Historians as Sir Henry Spelman observeth in his Annotations upon the place t is remembred by antient Asser also that wrote the Life of King Alfred In the next Century is the most considerable donation of Aethelwolph at Winchester in the presence of the Kings of Mercia and the East-angles all his Bishops Nobles consenting thereto Ib. p. 352. He was heire and successor to that Egbert King of the West-Saxons that converted the Heptarchy into a Monarchy the 7 Kingdomes into one and having gotten all the Lands of England into his Possession hee conferred the Tithes of all upon the Church Alured and Guthurn Kings of the Saxons and Danes in that mutuall League of both Nations provided about 876. If a Dane pay not his Tithe let him be punished as a Transgressor by the Law and the English must be fined King Aethelstan obliged himselfe Ib. p. 378. and all his Nobles and Bishops to pay the Tithes of Cattell and of the Fruâ—ts of the Earth King Edmond with his Nobles and Ecclesiastiques about 946. Pronounced a curse upon every Christian that did not religiously pay his Tithes King Edgar about the yeare 967. Lamb. p. 72. Spelm. p. 429. Decreed that whosoever did not pay his Tithes should be pun shed as is set down in the Judiciall book adding let the Kings Officer or Sheriffe the Bishop and the Priest meet together and force him to pay his Tenth leaving the owner the 9th part onely and for the other 8. parts Lamb. 78. Spelm. 445. Spel. 517. Ib. p. 531. Ib. p. 544. Lamb. p. 98. the Lord shall have foure of them and the Bishop the other foure King Aethelred also about the yeare 1009. commanded that Tithes from the Plough and Cattell be duly paid every yeare And the same King againe about 3. years after made this Law we enjoyn every man to pay his right Tithe as was best done in the dayes of our Predecessors Canutus King of England Denmarke and Norwey about the yeare 1032. Ordained that the Tithes should be rightly paid by all and if any refused the Kings Officer the Bishop the Lord of the Soile and the Priest of the place are to assemble and take from him the Tithe leaving him onely the 9th part the other 8 parts are to be divided into two medieties of which the Bishop takes the one and the Lord of the Soile the other Of the Patron Fundi Dominus or terrae Dominus as that law calls him is the Patron that had in his power the donation of Tithes the Sheriffe comes in as the Judge the Bishop was the Almoner for the poore and the Lord or Patron had also Title and Interest some way in the Tithes why is there else so large
a Portion of them designed to him and if it be thus the right of Patronage is ancient and no badge of the Norman Conquest I know not the Age nor Author of that Verse Patronum faciunt Dos Haereditatio Fundus But if I forget not t is to be found in Lyndwood and signifieth that the possession of the ground or inheritance or dowry by marriage doe make a Patron and in purchases where such a privileage is annexed Part 1. p. 65. the buyer payeth as well for it as for the Houses and Lands Father Latyneers Counsell was good Patrons are charged to see the Office done and not to seeke a lucre and gaine by his Patronship And againe well let Patrons take heed for they shall answer for all the Soules that perish through their default this is good Religion and so is that also at least t is right and reason that as many as come lawfully by that civill interest in Patronages have them not illegally extorted from them considerable therefore is that Law of Edward 6. Ao. 1. c. 9. When some Churches in Yorke were taken downe to be united and drawne into a fewer number there was due and just provision made not onely for the Incumbents of those demolisht Churches but that the severall Patrons Rights should bee preserved and they make their Presentations alternis vic bus by course one after another and surely there will bee as much Righteousnesse in these dayes of greater Promises as there was in the dawning of that other Reformation But I returne Lamb. p. 126. Spelm. p 620. for there is yet another a Tenth old Law for these Tithes and t is of that good King Edward as hee is called the Confessor It saith of all provisions the Tithe is due and must be paid from Mares Cowes Swine Woods Medowes Mills Parkes Ponds Trading c. of all that God giveth the Tithe is to be paid and hee that refuseth may be compelled to it these things were granted by the King Barons and people and this Law among others was solemnly ratified and confirmed by King William the Conquerour after hee had made choice of 12. Noble English men in every County men prudent and learned in those Lawes A forraine Conquerour excludes not but calls in and followes the Counsell of Native Lawyers for the establishment of this Kingdome and engages them by an Oath to declare their Lawes and Customes truly not turning to the right hand or the left without omission addition or prevarication and they began with matters of Religion knowing thereby King and Kingdome should have a solid foundation c. T is true among those Lawes there be some intermixtures agreeable to those dark times yet the greatest part of Romes Religion was a stranger to the then Saxon Church by which it will appeare also that Tithes are not so Popish and Antichristian as some conceive a thing soone and easily said but hard to be proved so hard that I have not yet knowne any godly learned and prudent man that hath undertaken it For indeed it must be supposed that the Pope is Antichrist that Antichrist wherein the Assertor will have all Papists his opposites and those Protestants also that imagine the great Turke to be the great Antichrist there must then be a serious disquisition when the Bishop of Rome became Antichrist because in the primitive times divers of them were godly men and well nigh 20. of them holy Martyrs and certainly Antichrist would not dye for Christ but by a nearer way they shall be evinced by declaring first that the old Saxon Church that hath spoken so much for Tithes was not so Popish and Antichristian 2. Tithes not Popish and Antichristian and that this Ministers maintenance was not such nor so accounted since the Reformation the Religion of the old Saxons is vindicated by two arguments in a great measure from Popery and Antichristianisme 1. By those Manuscript Homilyes extant in Bennet Colledge Library in Cambridge when that incomparable Knight Sir Henry Spelman that hath deserved so well of all the lovers of Learning and this Nation was erecting his Saxon Lecture in that University he made choice of that unwearied Professor Mr. Abraham Wheelock a Master of that Language also to be the first Reader those Homilies he hath said doe not onely inculcate the sanctification of the Sabbath and other Pieties but the greatest part if not every one of the Articles of Religion maintained among us are in them asserted if men have no minde to be in this further inquisitive they may judge of the probability hereof by the 2. Thing propounded which is from one of those Saxon Sermons not onely recorded by Mr. Fox but printed by it selfe in the very beginning of Queen Elizabeths dayes more then fours score yeares since and is attested by fourteen or fifteen Bishops some of which were Confessors and Exiles in Queen Maries time to be agreeable to the Old Originall the Title whereof is a Testimony of Antiquity shewing the Ancient Faith in the Church of England touching the Sacrament of the Body and Bloud of the Lord here publiquely preached and received also in the Saxons time above 600. yeares agoe wherein the Popish reall presence is not onely abundantly spoken against but severall other points of popery as the Merit of good works and the worship of Images it calls for the Creed the Lords Prayer and the sense of the Gospell in the English tongue it affirmeth the Housell or Sacrament not to be better at Easter then on other dayes c. After this Nation recovered from Rome 2. Since the Reformation and broak the yoke of Antichrist Tithes had not been retained if they had been Popish and Antichristian King Edward the 6. made many Lawes against the doctrines of Rome Ao. 1. c. 1.2.14 about the Scriptures the Body and Blond of Christ receiving it in both kindes against the usurped power of the Pope the Bishops Seale Style Jurisdiction c. many other Antichristian abuses are forbidden Ao. 3. 4. c. 10.5 6. c. 6. as Purgatory Masses Trentalls c. Popish Books and Images are prohibited and Popish Holy-dayes c. surely the reall endeavours then were to extirpate Popery Ao. 3. c. 1 3. Root and Branch and yet even then particular Lawes are made about payment of Tithes and that addition of double and treble dammages is not so formidable Ao. 4 c 3. because allowed also in other cases That Reformation of Ecclesiasticall Lawes was begun in Henry the eighth's dayes brought to some perfection while King Edward the 6. reigned it is commended by both their royall Epistles and by Mr. Jo Fox his Latine Preface a work first assigned to 32. choice men King Edward left it after to Archbishop and Martyr Cranmer alone who cooke unto him three Assistants Walter Haddon Rouland Taylor and Peter Martyr who so compiled it as we have it wherein there is a distinct Title of