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, 'tis 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 [Page 2]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 Ʋsage 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 tis 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, tis 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 [Page 4]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, tis 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 tis 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 tis 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 [Page 5]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. Tis 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 [Page 6]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 Tithes, and 19. Chapters: surely if those foure godly and learned men, one paire of whom were glorious Martyrs, had thought them to be Antichristian, they would not have been so serious about them; they that dyed for Christ, would not have dyed allowing any errour of Antichrist. That good old Puritan, [Page 7]that loved so dearly, and walked so persectly in the good old way, was no enemy to this ministeriall 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 happinesse to my selfe, then that I may live and dye in that Puritanicall, and most holy Faith: I wish no greater happinesse to this Age, and Nation, as to Religion and godlinesse, then that they would universally set up his peaceable Piety in practise and power; surely those quick-sighted 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 Ʋniversities and Colledges were maintained by them, as well as the Ministery, and they allowed both, living in the former, and living upon the latter: Doctor Chaderton was Master of Emanuel Colledge in Cambridge, Doctor Reynolds was President of Corpus Christion Oxford, and Mr. Knewstubs had for many yeares the Parsonage of Cochfield in Suff. all three of them were sleighted by the rest of the Puritans of the nation to be Collocutors before King James, neere 50. yeares 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 Lawes receive Tenths of the Ministers, and 'tis a considerable Revenue; and if Tithes be turned into another channell, that, 'tis like, will run downe another way.
Tithes have not their Originall from the Jewish Lawes, 3. Tithes not Judaicall. being mentioned in the Scripture, not onely before the Jewes 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 himselfe by a vow, upon Gods 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 Leviticall Priesthood, or the Ceremoniall Law, neither are they to be disliked; [Page 8]if they did indeed looke like Judaisme, seeing their Politiques and Judicialls 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. Cradocks judgement, who said so pull [...]quely, The more zealous are the more weak &c. and therefore though these be the times, that Ʋniversities and Tithes be so much decayed, for they stand & fall together, yet the clamor is not so much from Piety and Wisdome, as from weaknesse and Avarice. Nae tu aurum multos habes inimicos, Oh you golden Tithes, you have many enemyes, if they may be called such that love them so deerely, and gape so wide after them, and can swallow multitudes of them without check, or chewing. I thought to have added here, in the behalfe of Universities, Learning, Ministers, and their maintenance, some expressions from Luther, and our owne Martyrs, and holy Writers in the first Reformation, Barnes Latymer, Hooper, Bucer, Leaver, &c. 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 evill persons from the goods, and set better in their stead. Two things more consider from the Old Puritan: The first concerning Ʋniversities and Learning, those that went into New England were such I know divers of them to be so, they suppresse 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 then the Mother? The good old Puritan here was of another minde; so writes one in the name of the other Ministers of Devon and Cornwall, I speake not against Ʋniver sities, nor against Degrees, I wish from my heart, Remov. of cert. Imputat. p. 28. that each Colledge in both may be as Samuels was, even Naioth, 1 Sam. 19.18. that is, Beauty it selfe, and that the Schollers may be as the Plants, &c. Psal. 144.12. An ill time therefore now, now to designe their destruction, when they are become as the old Puritan wished them. Ask Mr. Dell, Master of Ca [...]us Colledge in Cambridge, if the Governours be not all godly, learned, and prudent, enquire of the Townsmen, formerly no friends, if the Schollers 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 owne Nest, never a head that [Page 9]hammers against it selfe. Againe, 2. The old Puritan was so far from supposing Tithes to be Antichristian, or unlawfull maintenance for Ministers, that he did not onely 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 hindred that good work, and what became of them; the revivall 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 neare 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 bee godly Ministers, and expose so many righteous men and their families to inevitable beggary, which K. Henry the 8 did not to Antichistian Fryars and Monks, but gave them maintenance for their lives; surely this Parliament will provide better for Christs 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 our selves and our posterities, and they have heard it evidenced that the Ministers have as good, a legall, and civill right and interest to, and in their maintenance by the Common Law of England, as any English-man 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 designe of Jesuiticall and avaritious Projectors; I am more then 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, &c. Ezra 1.6, 7.15. Godly and Christian Governors will doubtlesse 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.