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A91836 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. One that hath no place in either of them. 1653 (1653) Wing R1507; Thomason E712_9; ESTC R203391 7,565 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 Fru●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