THE RIGHT OF TITHES Asserted: by our old SAXON LAW.  
A Discourse proving them to be neither Popish nor Antichristian.  
WHEREIN The Patron's 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 deuce.  1 Cor. 9.14. 
The Lord hath Ordained, that they which Preach the Gospel should live of Gospel.  
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, etc. 
London, Printed in the Year, 1653.   

Old SAXON LAW 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 Judaical, drive, at least obilquely, upon their total extirpation. Their Jus Divinum hath long ago been asserted in a Theological way upon the occasion of famous Mr. Seldens History, by Doctor Sclater, and others, and if that were now the Question, there be, 'tis said, learned Men that can justify them in that sense. Some have sufficiently declared, how this design 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 Mischiefs 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 Paymasters, to their great loss of time and money, the Ministers of Augmentations, notwithstanding all the Care, and Love, and Faithfulness of the Honourable trusties, meet with many Obstructions, and the cry out of Wales is loud, and exceeding grievous, and this Parliament, some say is Resolved to send down, and see, whether they have done altogether according to that Cry. The Incumbents right to this maintenance hath been represented by the Statute Laws of the Land, all along from Magna Charta, downward in a Catalogue of well-near 60 Acts of Parliament. The learned Counsel found some at first dissatisfied, who went away convinced by their mentionings from Litletons' Tenors, Ld. Cooks Institutes and other Books, Plead and Judgements concerning the Ministers just Right and  in TITHES, by Usage and Custom time out of mind, and other justifications from the Common Law, concluding, that none have more legal right to any thing they do possess; and if this breach be made, a wide door will be set open to undermine all Civil Rights, and Proprieties.  
Some sprinklings there were also spoken of from the Old Saxon Laws, The endeavour of this Piece is to show that Tithes are not Antichristian, or Judaical, 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 spelman's Counsels: 
De 4. Linguis. 1ᵒ. 142.  Mr. Summoner 'tis like, gives some further light, for Dr. Merick Casaubon, after his due commendations of that Kentish Gentleman's Abilities and diligence in those Antiquities, affirmeth, that he hath several Laws which Lambard citys not. It were well worthy some good man's undertaking, to persuade 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 find is the Law of Offa King of the East Angles, 
Sp. Conc. 308.  about the year 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: He was heir and successor to that Egbert King of the West Saxons, that converted the Heptarchate into a Monarchy, the seven Kingdoms into one, and having gotten all the Lands of England into his Possession, he 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, 'tis remembered by ancient 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 heir and successor to that Egbert King of the Westsaxons, that converted the Heptarchy into a Monarchy, the 7 Kingdoms into one, and having gotten all the Lands of England into his Possession, he conferred the Tithes of all upon the Church. Alured and Guthurn Kings of the Saxons and Danes in that mutual 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 himself, 
Ib. p. 378.  and all his Nobles and Bishops to pay the Tithes of Cattles, and of the Fruits of the Earth. King Edmond with his Nobles and ecclesiastics about 946. Pronounced a curse upon every Christian that did not religiously pay his Tithes. King Edgar about the year 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 Judicial book, adding, let the King's Officer or Sheriff, the Bishop and the Priest meet together and force him to pay his Tenth, leaving the owner the 9th part only, 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 four of them, and the Bishop the other four. King Aethelred also about the year 1009. commanded that Tithes from the Plough, and Cattles be duly paid every year. And the same King again about 3. years after made this Law, we enjoin every man to pay his right Tithe, as was best done in the days of our Predecessors.  
Canutus' King of England, Denmark, and Norwey about the year 1032. Ordained that the Tithes should be rightly paid by all, and if any refused, the King's Officer, the Bishop, the Lord of the Soil, and the Priest of the place are to assemble, and take from him the Tithe, leaving him only 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 Soil 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 Sheriff comes in as the Judge, the Bishop was the Almoner for the poor, 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 Does, Haereditatio, Fundus.  
But if I forget not, 'tis to be found in Lyndwood, and signifieth, that the possession of the ground, or inheritance, or dowry by marriage do 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 Counsel was good, Patrons are charged to see the Office done, and not to seek a lucre and gain by his Patronship. And again, well let Patrons take heed, for they shall answer for all the Souls that perish through their default, this is good Religion, and so is that also, at lest 'tis right and reason, that as many as come lawfully by that civil 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 York were taken down to be united, and drawn into a fewer number, there was due and just provision made, not only for the Incumbents of those demolished Churches, but that the several Patrons Rights should be preserved, and they make their Presentations alternis vic bus, by course one after another, and surely there will be as much Righteousness in these days of greater Promises, as there was in the dawning of that other Reformation.  
But I return, 
Lamb. p. 126. Spelm. p 620.  for there is yet another, a Tenth old Law for these Tithes; and 'tis of that good King Edward, as he is called, the Confessor; It saith, of all provisions the Tithe is due and must be paid, from Mares, Cowes, Swine, Woods, Meadows, Mills, Parkes, Ponds, Trading, etc. of all that God giveth, the Tithe is to be paid, and he 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 Conqueror, after he had made choice of 12. Noble English men in every County, men prudent, and learned in those Laws. A foreign Conqueror excludes not, but calls in and follows the Counsel of Native Lawyers for the establishment of this Kingdom, and engages them by an Oath to declare their Laws and Customs 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 Kingdom should have a solid foundation, etc. 'tis true, among those Laws there be some intermixtures agreeable to those dark times, yet the greatest part of Rome's Religion was a stranger to the than Saxon Church; by which it will appear also, that Tithes are not so Popish and Antichristian, as some conceive, a thing soon and easily said, but hard to be proved, so hard, that I have not yet known 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 Turk 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 die 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 Minister's 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 Homilies extant in Bennet College 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, do not only inculcate the sanctification of the Sabbath, and other Piety's, but the greatest part, if not every one of the Articles of Religion maintained among us, are in them asserted; if men have no mind 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 only recorded by Mr. Fox, but printed by itself in the very beginning of Queen Elizabeth's days, more than fours score years since, and is attested by fourteen or fifteen Bishops (some of which were Confessors and Exiles in Queen Mary's time) to be agreeable to the Old Original; the Title whereof is, a Testimony of Antiquity, showing the Ancient Faith in the Church of England, touching the Sacrament of the Body and Blood of the Lord, here publicly preached, and received also in the Saxons time, above 600. years ago, wherein the Popish real presence is not only abundantly spoken against, but several 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 Gospel in the English tongue, it affirmeth the Housell, or Sacrament, not to be better at Easter, then on other days, etc.  
After this Nation recovered from Rome, 
2. Since the Reformation.  and broke the yoke of Antichrist; Tithes had not been retained if they had been Popish and Antichristian: King Edward the 6. made many Laws against the doctrines of Rome, 
Ao. 1. c. 1.2.14  about the Scriptures, the Body and Blond of Christ, receiving it in both kinds, against the usurped power of the Pope, the Bishop's Seal, Style, Jurisdiction, etc. many other Antichristian abuses are forbidden, 
Ao. 3. & 4. c. 10.5. & 6. c. 6.  as Purgatory, Masses, Trentals etc. Popish Books, and Images are prohibited, and Popish Holidays etc. surely the real endeavours than were to extirpate Popery, 
Ao. 3. c. 1 3.  Root and Branch, and yet even then particular Laws are made about payment of Tithes, and that addition of double and triple damages is not so formidable, 
Ao. 4 c, 3.  because allowed also in other cases. That Reformation of Ecclesiastical Laws was begun in Henry the eighth's days, brought to some perfection while King Edward the 6. reigned, it is commended by both their royal Epistles, and by Mr. Jo: Fox his Latin Preface, a work first assigned to 32. choice men; King Edward left it after to Archbishop and Martyr Cranmer alone, who cook unto him three Assistants, Walter Haddon, Roland Taylor, and Peter Martyr, who so compiled it, as we have it, wherein there is a distinct Title of Tithes, and 19 Chapters: surely if those four godly and learned men, one pair of whom were glorious Martyrs, had thought them to be Antichristian, they would not have been so serious about them; they that died for Christ, would not have died allowing any error of Antichrist. That good old Puritan, that loved so dearly, and walked so perfectly in the good old way, was no enemy to this ministerial maintenance, his remembrance is precious still, 
Serm, Aug. 25.  of him I presume Mr. Cradock spoke when he exhorted the Parliament to walk in the good old way. I wish no greater happiness to myself, then that I may live and die in that Puritanical, and most holy Faith: I wish no greater happiness to this Age, and Nation, as to Religion and godliness, then that they would universally set up his peaceable Piety in practice and power; surely those quicksighted men saw as far into that mystery of iniquity, as any other, they were not wont to inveigh against Tithes, as knowing well that the Universities and Colleges were maintained by them, as well as the Ministry, and they allowed both, living in the former, and living upon the latter: Doctor Chaderton was Master of Emanuel College in Cambridge, Doctor Reynolds was Precedent of Corpus Christion Oxford, and Mr. Knewstubs had for many years the Parsonage of Cochfield in Suff. all three of them were slighted by the rest of the Puritans of the nation to be Collocutors before King James, near 50. years since, in the Conference at Hampton Court, beside many other of that godly Generation, so living, in satisfaction & silence, which they would not, could not have done, if Tithes indeed were Popish and Antichristian; and be it added, they are not such: 
Ao. 2. & 3. c. 20. & Ao. 7. c. 4.  This were to Antichristianize the State, that from Edward the sixth's Laws receive Tenths of the Ministers, and 'tis a considerable Revenue; and if Tithes be turned into another channel, that, 'tis like, will run down another way.  
Tithes have not their Original from the Jewish Laws, 
3. Tithes not Judaical.  being mentioned in the Scripture, not only before the Jews had any Law, but before they were a people. Abraham gave unto Melchisedech, the Priest of the most high God, the Tenth of all. Gen. 14.20. Jacob also engaged himself by a vow, upon God's blessing him, of all that thou shalt give me, I will surely give the Tenth unto thee, Gen. 28.22. and this, saith Aynsworth, was given to the Priests of the Lord, and some think Jacob performed this Vow at his setting up an Altar, and calling the place El Bethel, Gen. 35.7. Tithes therefore do not derive their descent from the levitical Priesthood, or the Ceremonial Law, neither are they to be disliked; if they did indeed look like Judaisme, seeing their Politics and judicials begin every day to be more and more venerable. The Objections that some Zealots make ageinst Tithes, 
In forement. Scim.  must needs be weak, even in Mr. cradock's judgement, who said so pull●quely, The more zealous are the more weak etc. and therefore though these be the times, that Universities and Tithes be so much decayed, for they stand & fall together, yet the clamour is not so much from Piety and Wisdom, as from weakness and Avarice. Nae tu aurum multos habes inimicos, Oh you golden Tithes, you have many enemies, if they may be called such that love them so dear, and gape so wide after them, and can swallow multitudes of them without check, or chewing. I thought to have added here, in the behalf of Universities, Learning, Ministers, and their maintenance, some expressions from Luther, and our own Martyrs, and holy Writers in the first Reformation, Barnes Latymer, Hooper, Bucer, Leaver, etc. I would not, saith Latymer, 
Letter to King Hen. 8.  That your Grace should take away the goods due to the Church, but take away evil persons from the goods, and set better in their stead. Two things more consider from the Old Puritan: The first concerning Universities and Learning, those that went into New England were such I know divers of them to be so, they suppress Errors, and Blasphemy, protect Ministers, and Ministry, they are setting up an Academy & shall Old England pull them down? shall the Daughter be more pious & prudent than the Mother? The good old Puritan here was of another mind; so writes one in the name of the other Ministers of Devon and Cornwall, I speak not against Vniver sities, nor against Degrees, I wish from my heart, 
Remov. of cert. Imputat. p. 28.  that each College in both may be as samuel's was, even Naioth, 1 Sam. 19.18. that is, Beauty itself, and that the Scholars may be as the Plants, etc. Psal. 144.12. An ill time therefore now, now to design their destruction, when they are become as the old Puritan wished them. Ask Mr. del, Master of Ca●us College in Cambridge, if the Governors be not all godly, learned, and prudent, inquire of the Townsmen, formerly no friends, if the Scholars be not so well ordered, that the Taverns and Tippling houses be empty and angry, 'tis as well at Oxford also, and in some sense better, for there is never a Bird there, that I know, defiling her own Nest, never a head that hammers against itself. Again, 2. The old Puritan was so far from supposing Tithes to be Antichristian, or unlawful maintenance for Ministers, that he did not only acquiesce in them, and live upon them, as hath been said, but they were buying in Impropriations, and restoring them to the Ministers, 'tis known, who hindered that good work, and what became of them; the revival of this project an holy piece of old Puritanisme, would well become this present Age, Parliament, and Army; the late Parliament set in this a good Copy in their Augmentations to the yearly value of well near 20000.l. that Parliament also gave a 5. part to scandalous Ministers, as they were called; surely, this Parliament will not take away all from those they know to be godly Ministers, and expose so many righteous men and their families to inevitable beggary, which K. Henry the 8 did not to Antichistian Friars and Monks, but gave them maintenance for their lives; surely this Parliament will provide better for Christ's Ministers, 
Declarat. 1.  for they have declared themselves to be set by God for the good of all, and in all to be as tender of the Lives, Estates, Liberties, Just rights, and properties of all others, as we are of ourselves and our posterities, and they have heard it evidenced that the Ministers have as good, a legal, and civil right and interest to, and in their maintenance by the Common Law of England, as any Englishman hath to his possessions. That is a weak Objection, and people are importunate, and will have them taken away, for it is most certain, the best and greatest part of the Nation are for their continuance, the good old Puritan would have it so, it would be enquired, if it be not already evident, whether Petitions against Tithes have not been gained by the design of Jesuitical and avaricious Projectors; I am more than confident, if a Calculation were made, according to that of Worcestershire, there would be many, very many more for them, then have, or can, or will appear against them. At the building of the second Temple of the Jews the Heathen that were about them strengthened their hands with Gold and Silver, etc. Ezra 1.6, 7.15. Godly and Christian Governors will doubtless follow the examples of those good Kings Hezekiah and Josiah, that encouraged the Saints and Ministers of the Lord in the Law, and service of the house of the Lord, 2 Chron. 31.4. & 35.2.   
FINIS.