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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79851	A second voyce from the temple to the higher povvers. Wherein is proved that the decrees and institutions of popes and popish counsels, which have been established by the law of the land, and have been continued and confirmed throughout divers ages, by several acts of Parliament, against Jesus Christ, in the way and order of the Gospel (the same yet standing) ought by the present supream authority of this nation to be taken away. Moreover; here is shewed, some particular decrees of popes, which have beeen established by several acts of Parliament, viz. A nationall ministry, tythes, prohibiting men from publick preaching of the Gospel, unlesse elected and ordained after a popish manner, &c. All which as they are the institutions of popes, formerly confirmed by the law of the land, so now, to be abrogated. By John Canne.	Canne, John, d. 1667?	1653 (1653)	Wing C442A; Thomason E710_19; ESTC R207195	25,656	36

neither of them by the Law of the Land have any title to it For they are not such Incumbents or Ecclesiasticall persons as the Law allowes in case of Tythes For whosoever hath not been ordained Priest or Deacon by a Bishop that is whose Ministerie is not essentially from the Sea of Rome to use Masons words Or as the Non-Conformists expresse it he whose entrance into the Ministerie is not by a Popish and unlawfull vocation strange from the Scriptures and never heard of in the Primitive Church Cannot as a Minister by act of Parliaments claim any proprietie in Tythes Again for such as have renounced their ordination by Bishops and take themselves to be Ministers by Election and Ordination some other way these the Law of the Land counts Sectaries and Schismaticks men that have forfeited their livings and places and so to be suspended It is true Doctor Corn Burgesse though he have turnd often yet probably hath not turnd himselfe out of his title but with Gilhinham Gauden Hamond Slater Reeves Taylor Aern And so Mossom Hardie Baker Williams and other Service Readers he I say and such as these of the old Popish way as true to their Principles may pretend something to Tythes as they have been established by the Law of the Land and as they have been continued and confirmed throughout diverse ages by severall Acts of Parliaments but for others specially the Independents and the Presbyters made since the Bishops were put down as the Law of God is cleare against them so the Law of the Land will not speake one word for them though their Counsell may 5. For what cause some lately desired the Committee to have Counsel to plead the Incumbents proprietie for Tythes it is a riddle to me For who doubts but there is custome usage Lawes and Statutes of this Land for payment thereof as Bishops Deanes Prebends and before them Monkes Fryers had Besides that honorable Committee well knows by the politick Law or custome of England which is the common law of England Tythes have bin vested setled in persons Ecclesiastical But the Question is 1. What the Incumbent hath to say Why the Lawes and Statutes of this Land enjoyning the payment of Tythes should not be abrogated 2. Why Tythes should continue payable to this Nationall Ministerie 3. Why the Magistrate as a thing proper to his place ought to appoint Tythes as the due maintenance of a Gospel Minister Now here is little worke for Lawyers it belongs rather to the Parsons and Vicars themselves to speake to this point And here I cannot but take occasion to note how some men lately in their namelesse Pamphlets for Tythes have made a great noyse about a Catalogue of the Acts of Parliaments confirming the Right of Tythes to the Church And that the world may know what paines they have taken for Babylon or it may be rather for their own Interest they begin at Magna Charta and goe through all the Popish Parliaments even to the reigne of Queen Elizabeth and raking together a great deale of the Popes trash and dung tell us very soberly of many speciall Acts and Grants for payment of Tythes confirmed by such a King in the yeares so and so what remedies the Priests had for recovery of the Tythes and penalties for non-payment of them as treble damages imprisonment without baile Now what is all this but wind and vanitie a seeking to gull and befoole the Nation I except the Parliament for I hope they are so wise as to see this to be a cheat and as we commonly say causam pro causa a taking that for defence of their cause which maketh nothing to the purpose For thus they argue Because Popes have made unlawfull decrees and idolatrous Magistrates have confirmed them Ergo this Parliament must doe so too Now I come to the Reasons against Tythes 1. This way of maintenance of Ministers by Tythes is a Popish custome imposed by the Popes authoritie without any warrant for it in the New Testament not practised in the Primitive Church in the Apostles times nor in the times of the Ministers that succeeded them for the space of some hundred yeares untill Christian doctrines and Apostolicall orders were corrupted with errours heresies and idolatrous orders of superstitious persons as Monkes Nunnes c. But no sooner sits the man of sin in the Temple of God and had set up an Antichristian Priesthood calling himselfe the high Priest and the Priests the Tribe of Levi and Gods inheritance but he made all the Clergie to swear Alleagiance to him See Fox Act. pag. 961. And commanded the people to pay Tythes to his Priests and his Priests to pay first fruits and tenths or tythes to him after the manner of the Jewish people and Levites to Aaron under the Law For the Antiquitie of the payment of Tythes in this Nation the Original I thinke can hardly be shewed Doctor Willet saith in his Synops in the fift General Controversie pag. 314. that in Austins time there was no general law nor custome in the Church for the paying of them And in those Questions that Austin the Monk after that he came into England propouned to Gregorie Bishop of Rome and in the answer which the Bishop sent him back there is nothing said of Tythes nor any such thing required for the maintenance of the Ministers but of the free gift of the people and this was about 596 yeares after Christ see Fox Act. Mon. pag. 105. Before the Councel of Lateran which was under Innocent 3. in the yeare 1215. any man might have paid his Tyth to any Ecclesiasticall person he pleased but by that Councel it was decreed that Tythes should be payd to the Pariochal Priests William Thorpe saith that Pope Gregory 10. was the first that ordained tythes to be payd to Priests in the yeare 1211. Fox pag. 494. Doct. Ridley in the booke of his called A view of the Civil law pag. 147. saith The Customes we pay our Tythes by at this day were setled upon this kingdome by the Popes Legates in Provincial and Synodal Constitutions about the time of Henry 3. and Henry 5. Howsoever these writers agree not in point of time yet in this they accord that the maintenance of Priests by Tythes was a decree of the Pope that vile person divided the Land for gain Dan. 11.39 which was confirmed by Popish Princes And therefore to be abolished as we have proved before This I shall onely adde In the second Article of the Covenant of the two Nations many have sworn to endeavour the extirpation of superstition and all kinde of Poperie that the paying of Tythes is popish nothing more certain and therefore as it is a case of conscience so men ought to be carefull either how they presse it or practice it 2. If we will follow the example and practice of our Saviour and his Apostles and the Churches of the Apostolique Institution the Ministers maintenance is not any

Vigandus to please him or his followers is will-worship Of this judgement were e in Hos 2.16 Junius f Loc. com de trad p. 421 422. Musculus g Tract theol vol. 3. p. 210. Beza h in Psa 16. Mollerus i de Polit. p. 72. Sipperus k Contr. Mon. pag. 70. Sadeel and others Now men approve countenance and give honour to the wayes of Antichrist by paying Tythes to Priests we have shewed before 4. It is vitious and superstitious to simbolize with Idolatery By the l Deut. 12.30 Lev. 18.3 Exod. 23.24 Gen. 25.2 3. Deut. 14.1 Lev. 19.17.27.28 Isa 27.9 Scriptures we are forbidden all conformity with them in any of their way order custome traditions manner of worship or religious observations And the Saints in all ages have carefully shun'd it as might be shewed by several examples It was the m Herodot in Thalco Becan in Anolog vetet nov test c. 5. custome of the Arabians and other Heathens in imitation of Dionysius that is Bacchus to round the corners of their head now this the Israelites n Lev. 19.27 might not doe though a thing indifferent as o Calv. in Levit. 19.17 Calvin observes because God would not have them to be like Idolaters 5. Superstition is committed when more estimation is had of a thing more dignity and excellency placed in it and more regard had to it then God alloweth or can stand with his will revealed in his word and so much p lib. 1. de vit ext cult oppos col 504 505. Zanchy proves by sundry instances And in this regard also paying of Tythes is superstitious because that thing is honoured and embraced which we find not in the New Testament to be lawful and thus an idol is set up Tanquam deus ex parte though not deus simpliciter 6. This may be further proved by the testimony of learned men For to have any thing common with Idolaters or to serve God after any way of theirs or to take up and make use of any of their rites orders customes observations institutions they hold it utterly unlawfull Thus have the q Tertul. de coron mil. Greg. l. 1. epist 44. ad Leon. Theod. l. 1. c. 10. August ep 86. ad Casul old Fathers affirmed so our later writers r Pareus in 1 Cor. 10.14 Bucer in Mat. 18. f. 143. Beza Tract theol vol. 3. p. 210. Calvinists ſ Cen. 4. c. 13. col 406. Chemnit exam theol Melane par 2. p. 491. Luthervns t B. Jewel upon 1 Thess 5. p. 219. Sutclief chal p. 62. Formall Protestants u Perth Assemb p. 55 56. Altar Damosc p. 539. Reformists x Bellar. de monac c. 40. de ester● sac l. 2. c. 31. sect 10. Rhem. Annot. on 1 Cor. 6.14 and 1 Tim. 6. sect 4. and in Rev. 1.1 Papists yea many y See Mr Ainsworth on Levit. 19.27 Jew Doctors and some a Taledo can 5.40 Laodec c. 38. Brac. can 32. and 73. Councels have thus concluded and the b Deor. pa. 2. caus 26. quaest 27. c. 13. c. 14. Cannon Law speaks so too Thus much for the first particular that Tythes ought not to be paid as being in it selfe superstitious The next is not to be paid to an unlawfull and Antichristian Ministry as is this nationall ministery essentially derived from the Sea of Rome Our Reasons are 1. Because this is little better then to rebel against Christ and to seek what in us lies to uphold that thing which the Lord will cast downe and utterly destroy 2. It manifesteth the great want of that zeale and love of God which all Christians should have specially here the Higher powers as to disown and abrogate all Decrees of Popes and Popish Counsels which have been confirmed by idolatrous Princes for the payment of Tythes to an unlawfull Clergy 3. To pay Tythes to this Nationall Ministry is to serve Antichrist according to that saying His servants yee are whom yee doe obey 4. To doe this it is to condemn the Generation of the righteous who have suffered under Popery and Prelacy for refusing to pay Tythes to the ministers of Antichrist and to destroy what the others built 5. So long as Tythes are payable by Law to this ministry it grieves the hearts of the righteous and gives just cause of offence to the Churches of the Saints Now wo unto that man by whom the offence cometh 6. The continuance of Tythes will be an occasion to harden the Nationall ministry in their error and sin as to think their unsanctified places are lawfull and good because the Law allowes them maintenance And indeed they have little else to say for themselves their calling being so contrary to the order and way of the Gospel 7. This paying of Tythes strengthens every where the ignorant people in their superstition and blindnesse and is a means to hinder them from the light and knowledge of a Gospel-minister For how can they otherwise but believe that their Parish Priest is sent of God and Tythes due to him so long as by the Law of the Land his ministry is onely owned and justified And he shall say Cast yee up cast yee up prepare the way take up the stumbling-block out of the way of my people Isaiah 57.14 Before I end this point I shall answer two Objections and I know no more of weight which are usually brought against the taking away of Tythes 1. That it is injurious 2. Irreligious First Injurious to alter or abolish them seeing the Law of the land hath vested and setled them in persons Ecclesiasticall and so are their right and possession We might send these pleaders for Tythes to what hath been said before as a full and sufficient Answer to this Objection Notwithstanding we shall further add 1. This is no more then what the Bishops Deans Prebends c. and before them Monks and Fryers might have said and upon as faire pretence ground and reason so that in taking away their Tythes if no injury was done them then none here the case being clearly one and the same 2. Acts of Parliament are Acts of men not Oracles from Heaven A Parliament as well as a Councel may be led by wrong principles and so err and make Lawes and Acts that are unjust We doe not think though Tythe-takers would be glad if it might be so that Acts of Parliaments are like the Lawes of the Medes and Persians that never alter But the same power that made such an Act can repeal it againe yea and is bound so to doe if it stand not with the rule of justice and equity contained in the morall Law of God and nature or sound natural reason And this is the case here viz. that those Acts and grants confirming Tythes to Priests were not agreeable to the moral Law of God nor to the Law of nature or sound naturall reason not according to the