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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90205	An indictment against tythes: or, Tythes no wages for Gospel-ministers: wherein is declared, I. The time when tythes were first given in England. II. By whom, and by whose authority and power tythes were first by a law established in England. III. To whom, and to what end and purpose tythes were first given, and after continued in England. IV. Ministers pretending a threefold right to tythes, 1. By donation. 2. By the laws of the nation. And 3. By the Law of God; examined and confuted ... To which are added, certain reasons taken out of Doctor Burgess his Case, concerning the buying of bishops lands, which are as full and directly against tythes, as to what he applied them. Likewise a query to William Prynne. By John Canne. By John Osborne, a lover of the truth as it is in Jesus.	Osborne, John, lover of the truth as it is in Jesus.; Canne, John, d. 1667?	1659 (1659)	Wing O525; Thomason E989_28; ESTC R203025	30,438	45

of the Heptarchy there was a great Council holden in Mercia by two Legats sent from Pope Hadrian the first wherein as it 's reported Tythes were first established So that the first Law for payment of Tythes came from the Pope and decreed onely by his Agents in the Kingdom of Mercia being but a seventh part of England and afterwards as Popery increased so Tythes also were established in other parts of England by the several Kings thereof who out of an ignorant superstitious zeal being thereunto perswaded by the Pope and his Agents did many things contrary to the Law of God And this leads me to my third particular viz. to whom and to what end and purpose Tythes were formerly given and yet are paid in England It is reported that the foresaid Offa King of Mercia 3. To what end was a man of a high stomack and stoutness endeavouring by wars and bloodshed to enlarge his own Kingdom and after many conquests making Egfryd his Son a King with him in great devotion went to Rome where with the like zeal and example of Inas the West-Saxon King he made his kingdom subject to a Tribute then called Peter-pence afterwards Rome-scot besides other rich gifts that he gave to Pope Hadrian for canonizing Albane a Saint And returning home again about the year of our Lord 795. in honour of the Saint and pretending repentance for his sins built a Magnifick Monastery over against Verolanium indowing it with Lands and rich Revenues for maintenance of one hundred Monks Also in testimony of his repentance for the blood he had spilt and the sins he had committed he gave the tenth part of all his own goods to the Churchmen and to the poor hoping thereby to expiate his sins and to merit Salvation The next in order was Ethelwolph the nineteenth King of the Ethelwolph West-Saxons who in his youth was committed to the care of Helmestan Bishop of Winchester and by him to Swithun a famous learned Monk of that time took such a liking to the quiet and solitary life onely enjoyed by men of Religion that he undertook the Monkish vow and profession and was made Deacon and afterwards elected Bishop of Winchester But the death of his father King Egbert immediately following by great intreaty of the Nobles and partly by constraint of the Clergy he was made King and was by the authority of Pope Gregory the fourth whose Creature he was in both Professions absolved and discharged of his vows In the nineteenth year of his Reign remembring his former Ecclesiastical Profession ordained That Tythes and Lands due to holy Church should be free from all Tributes or Regal Services And in great devotion went himself to Rome where he was honourably received and entertained the space of a whole year new built the English-School that Offa the Mercian King before had there founded confirming also his grant of Peter-pence and further covenanting to pay yearly Three hundred marks to Rome to be thus imployed One hundred to St. Peter's Church another hundred to St. Paul's Light and the third to the Pope It is also said that Athelstan King of the West-Saxons Ethelstan about the year of our Lord 924. to pacifie the Ghost of his murthered brother Edwin to whose death he is said to have consenced did not onely undergo seven years Penance but also built certain Monasteries and decreed that Tythes should be paid by himself his Bishops and Officers but not by all his Subjects hoping thereby to expiate his sins Such was the blindness and ignorance of men in those times being seduced and led away from the truth by the Pope and his ungodly Agents being perswaded in their hearts that the Pope had power to pardon all their sins were they never so great and hainous Edgar about the year of our Lord 959 is said to Edgar have confirmed the payment of Tythes upon as bad a ground as Athelstan did This Edgar was a man of a vicious life favourable to the Monks he displaced the married Priests and brought in Monks of single life to possesse their places He built Forty seven some say and repaired divers Monasteries and Nunneries he was cruel to Citizens and a deflowrer of Maidens The first act was committed against the Virgin Wolfhild a sacred Nun the second offence was against the virgin Ethelfleda another of his lascivious acts was joyned with the blood of Earl Ethelwold that he might enjoy Elfrida his wife And as one saith For the most part such seed-plots were ever sown in the furrows of blood as plainly appears in these and divers other examples Canutus also the first Danish King who being guilty of Canutus the blood of Edward and Edmund sons of Ironside and Heirs to the Crown about the year 1016. confirmed Tythes built the Abby of St Bennet in Norfolk and in Suffolk he with great devotion built and endowed the Monastery of St Edmund which Saint he most dreadfully feared for the seeming Ghost of him often affrighted him for which cause as also to expiate the sins of his Father he confirmed Tythes c. Unto such strange illusions were the Princes then led by the blinde Guides that ever made gain of their devotions Many other such like examples I might produce but the few before mentioned may suffice to shew First When 1. The time when Tythes were first given in England Secondly By whom and whose authority the first Law for payment of Tythes in 1. By whom England was made And thirdly To whom and to what end and purpose Tythes were first paid in England not to Ministers 3. To what end of Christ to preach the Gospel but to Antichristian Idolaters and to a wicked idolatrous superstitious end viz. for satisfaction of the sins of the Donor to maintain a popish idle sottish Clergy to say and sing mass to pray for the souls of the Donors their wives and children living and dead And as at the first Tythes were given to Mass-Priests to read and sing the Latine-Mass So they have for many years been since continued for reading the English-Mass the book of Common-Prayer as may plainly be made to appear by the Statutes of the second year of Edward 6. and the Statute of the first of Eliz. and no Law extant for payment of Tythes to Ministers for preaching the Gospel For although heretofore in the time of the Bishops a Minister preached never so often yet if he refused to read the Book of the Common-Prayer he was by the Law to be deprived of his spiritual promotions Seeing then that Tythes were first established and since continued upon so evil and sandy foundation and to wicked ends Therefore they ought utterly to be abolished and rooted out of this and all other Christian Common-wealths as popish idolatrous superstitious and derogatory to the worship and service of God because God never commanded that Tythes should be paid to any man but to the Priests and Levites

Selden in his Chap. 11. History of Tythes saith As Tythes are popish so are they likewise a Relique of Superstition Because given at the first out of a superstitious opinion of satisfaction for the sins of the Donor yea and as superstitiously paid at this day by many ignorant people who think Tythes to be due by the Law of God and so deceive themselves Let not any man think saith Sir Henry Spelman that he hath right to Tythes too hot c. Tythes because the Law of man hath given them to him for Tully himself the greatest Lawyer of his time confesseth That nothing is more foolish then to think all is just that is contained in the Laws or Statutes of any Nation Experience teacheth us that our own Laws are daily accused of imperfection often amended expounded and repealed Look back into times past and we shall finde that many of them have been unprofitable for the Commonwealth many dishonorable to the Kingdom some contrary to the word of God and some very impious and intolerable yet all propounded debated and concluded by Parliaments So Tully and the Roman Historians cry out That their Laws were often by force and against all Religion imposed upon the Common-wealth And forasmuch as it appeareth plainly as I have formerly shewed That Tythes were by Parliaments established for Massing-Triests to say and sing Mass and such other superstitious services and after confirmed for reading the Book of Common-Prayer Therefore an Idolatrous gift and establishment unlawfull in the Givers unlawfull in the Actors and Receivers and therefore ought to revert to the right Heirs of the Donors and all ought to repent of such an ungodly action The Prophet Isaiah proclaimeth against such Laws and Law-makers Wo be Isa 10. 1 2 unto them that make wicked Statutes and write grievous things So also in Micah 6. 16. God threatneth to punish such Law-makers and Law-observers The Statutes of Omri are kept and all the manner of the House of Ahab c. Therefore ye shall bear the reproach of my people Statutes of Princes are no excuse to transgress Gods Law God cannot be confined restrained or concluded by any Parliament Let no man therefore think that he hath right to Tythes because the Law of man hath given them to him for the Law of man can give him no more then the Law of God will permit The Law of man may Spel. 173. give a man jus ad rem right to a thing as to demand it or to defend it against another man but it cannot give him jus in re right in the thing to claim it in right against or without the Law of God Right to the thing is a lame title they must have Right in it that will have a perfect title The Law may make a man the possess●r or enjoyer of a thing but it cannot make him the very owner of the thing The Books of the Law themselves confess That all Prescriptions Statutes and Customs against the Law of Nature or of God be void and against justice Now I might here proceed to their third right but before I pass from this their second right as they call it I desire to answer one Objection which I have heard from the mouth of a Judge in this Nation made in defence of the Statute for Tythes of 2 Edw. 6. But saith he although some are of opinion that the Objection Act of 2 Edw. 6. doth not give power to sue for Tythes at the Common-Law Yet it hath been the constant practise and determination of the Judges for many years to maintain Actions at the Common-Law upon that Statute for the treble value of Tythes not set out and that a hundred Judgments have been given in that Case To which I answer If ten thousand Judgments have Answer been given in that Case upon a false ground must all succeeding Judges of necessity follow their example without a rule to guide them by Sir Edw. Coke saith That the Laws are the Judges Guides or Leaders their safest Teacher and Fortress and we know that Judges opinions are not alwayes to be taken for sound and good Law neither are we so to be bound up by them that we may not receive a better opinion when it is offered For saith Sir Edw. Coke No mans authority ought to be so prevalent with us that we should not approve a better opinion if any man offer it unto us And I have already shewed how inconvenient Instit part 1. and dangerous it is for Judges to judge by Cases and Presidents where there is no Law to guide them nor a just Rule to direct them For Judges are but men they are not infallible they are subject to failings And some of the chief Justices of both Benches and others very learned in the Laws of this Land have erred grosly Hub. de Bu●go Thorp Triscilian Belknap Lock●on c. and been punished severely ●ome by banishment and confiscation of goods and others by death as may appear by ancient Records in Henry the third's time in Edward the third's time and in Richard the second 's time But what need I look so far back for examples of this nature seeing that there is one to be found amongst us of late years yet fresh in our memories in the case of Ship-money wherein all the Judges that then were except two gave Judgement against Mr Hampden contrary to the known Laws of this Land And of what evil consequence that might have been and how destructive to this Common-wealth and to our Liberties I leave to the judgements of all understanding men For if that Judgement had continued upon Record and in force and not been reversed by the Parliament it might have been a President for all succeeding Judges to judge by in future times and so might we and future generations have been made meer Vassals and Slaves to the arbitrary will of our Governours And for the further manifestation of the invalidity of the first Branch of that Act of 2 Edward 6. I am able to make it appear that it lay dead and no action of debt brought upon it at the Common-Law for the penalty of the treble value for almost fifty years after the making of it and no Judgement given upon it until the fortieth year of Queen Elizabeth since which time the succeeding Judges being guided by the opinions of those former Judges without any other ground or warrant for their so doing make it a standing Law To the third Right as some do call it which say 3. Right answered they is by the Law of God I answer that some Pleaders for Tythes do cite several Texts of Scripture to prove what they would have but having seriously examined and considered those Scriptures I do not finde one that will stand by them to prove their assertion Their first Scripture is in Gen. 14. 2. and 21. 22. to 1. Scrip. prove that Abraham and Jacob by the Law of