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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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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