SECT. I.

WHile I speak against the paiment of a fifth part, in the general, my meaning is not to lay the blame of that heavy burden, upon all or the better part of the Members of that Parliament (by whose Authority it was ordained:) for though the KingM^r Prinne in his Speech in Parliament concerning the Kings conces­sions, p. 51, 52. of Edit. 3. proposed, That such Mini­sters as were sequestred (for malignancy, and were not scandalous) might have a third part of the Livings out of which they were eje­cted, and the House of Peers (for relief of their disaffected Chaplains) meant them as liberal an allowance, as they could hope might passe in the House of Commons (which was a fift part at the most) yet divers, and those very eminent men, for wisdom and godliness in that House, were (as I have been cre­dibly informed) against all defalcation of any part of the Mi­nisters means, who were to bear the whole burden of the Pa­storal charge, and consented to that proportion rather as a Pro­hibition (as in case of usury)This sense since this Trea­tise was finish­ed I found in the late Ordi­nance of his Highness the Lord Protector for the ejecting of scanda­lous, and igno­rant, and insuf­ficient Mini­sters and School masters, p. 625. priucip That none should have any more [Page 2]then a fifth part, then as a Concession, that every one should have so much; and therefore the Committee for Plundered Ministers at Westminster, (which the House of Lords never liked, consisting wholly of the Members of the House of Commons) often or­dered against that allowance: and where they permitted it, they did it with much more moderation, and ease to the Incum­bent Minister, then Countrey Committees used to do, where some leading men, were sometimes so favourable to sequestred Ministers (probably out of some carnal or worldly Interest of their own) as to make their condition more comfortable, then their who succeeded them, which was much against the minds of the soundest Members of that Assembly.

2. Concerning the ejected Ministers (I conceive) there may be some such distinction made of them, as D^r Du Moulin ma­keth of the Popish Clergy in France, I know (saith heD. Du Moulin in his Defence of the Catho­lick faith in King James his Book, c. 6. p. 94, 95.) that in this great body of the Clergy, there are a great number (though many also are of a quite contrary minde) on Whose Spirits Na­ture hath more force then their habits, and the love of their Country more then the maxims of Italy. So I may say, there is great dif­ference of those Ministers (whose lot hath been a like for out­ward losses) not only in their spirits and affections, but other­wise, for some of them are ignorant and erroneous in their judgements, irreligious and scandalous in their conversation, rash, proud, uncharitable and turbulent, in their spirits speech and behaviour: who both wish and watch for an opportunity to be fishing in troubled waters, and are every way such, that as it was a very ill deed to put them into the Ministry, so it was a ve­ry good one, to put them out again.

But there are others, who are Learned, Orthodox, Dis­creet, Humble, Charitable, who cordially desire the peace of their Countrey, and would not (if it were in their power) re­deem themselves from private damage, with any publick calami­ty: their greatest fault being, their errour in opinion, and affe­ction too adverse to any form of Government, that is not here­ditarily and absolutely Monarchical, and to any form of wor­ship, but that of the Service-book.

For such as these (or if they be not altogether such without the abatement of some grains of just weight) I wish them ra­ther [Page 3]a plentiful, then a competent Subsistance, rather five parts for their Portion, then a fifth only: which they might have (if the State have no Just Cause, to be Jealous of their peaceablenes or loyalty) by being admitted to other places: for as to the same, it is like our pious and prudent Superiours are most of them, of the late Earl of Kent his mind, who (as I have heard him say) was re­solved (so far as he had to do, when he was one of the Lord Keep­ers of the Great Seal) that he would send them as far as the di­stance betwixt East and West, North and South, rather then place them in the Parishes from whence they were removed.

But for my self, I am so farre from hardning my heart against the grievances of any of my godly Brethren (who suffered any hard measure under pretence of Reformation, or Propagation of the Gospel) that I heartily wish the Declaration lately pub­lished under the Title of Gemitus Ecclesiae Cambro-Britan­nicae, may be seriously considered, and enquired into, and if the complaints therein be true, that due and seasonable re­dress may be applied unto them. And if the State had been pleased to allow any of them whom they have displaced, a competent mainte­nance, out of the Bishops, or Dean and Chapters Lands, to which (the Offices put down) no personal service is annexed,Cambd. Annal. Eliz. lib. 2. pag. 56. as Queen Elizabeth did, to Abbots and other Ecclesiastical persons, out of their confiscate Lands, and other Revenues, their charity towards them had been (as I conceive) not only lawful, but commenda­ble, or had they made a rate for their cha­ritable relief, (as for the Taxes or Impo­sitions which are general all over the Land) I should willingly have born my proportionable share, with those who are bound to charity, as well as my self, or had they put but one or a few Delin­quents upon our whole Tribe to be maintained, as Solomon is supposed by some to have done, byHe was not to live upon the Levites por­tion, but was consined to his own fields in Anathoth, his own (not in common with others, but) proper and personal, as his own Inheritance So M^r Gillespy in his Book called Aarons Rod Blossoming in Ap­pend. added to the first Book, pag. 138. For though the Tribe of Levi had not a part of the Land of Canaan, separate or set apart by themselves (as the other Tribes had) yet upon extraordinary oc­casions) it might and sometimes did fall out, that some might have peculiar Interest in particular Lands, not only since they lost the Land of Canaan, as Joses surna­med Barnabas a Levite had, and sold them, Act. 4.36, 37. but before that time, as Jeremy (who was of the same Tribe, as Dorotheus writeth in his Book of the Proph. &c. added to Euseb. Socr. and Evagr. p. 527.) who bought a field of Hananiel his Uncles son, Jer. 32.9. Abiathar, [Page 4]1 Kings 2.26. (though I conceive it is their mistake) I should not have thought it a just occasion of complaint.

But that it should not be imposed upon every one severally, to pay a fifth part of the Revenue belonging to his Pastoral Charge, I hope I may have leave to assert upon the Reasons ensuing.

SECT. II.

1. THough they and their Abettors, account such as are placed in Sequestred Livings, Intruders into their Rights, they may hold themselves fairly and justly possessed of them; for when a place of Office, is made void, (whether it be Civil or Ecclesiastical) which necessarily requires an Incum­bent upon it, to officiate, and the Party put out, is disabled to do any Ministerial Duty in it, it is lawfull for another to supply his place (especially in a Pastoral Charge) that Gods Sabbaths may solemnly be observed, and the people spiritually provided for (that their souls may be saved) which must be done, whe­ther the Minister were injuriously ejected or not, and Beneficium belonging to Officium, the reward (the whole reward) is due for the whole work, to him that doth it.

But if the party be put out for criminal miscarriage as the Se­questration is more Just, so is the Entrance of another into his place, more justifiable: Especially, if he had no hand, either dirrctly, or indirectly for his putting out: Upon this ground, such as have possessed Civil Offices, as the Keepers of the Great Seal, Judges, Recorders of Cities and Towns corporate, Heads of Colledges, Halls, Hospitals, in the Universities, and else­where, as also Military Officers (who possess the places of ca­shiered Commanders) have never been charged with paiment of a fifth part, to their predecessours wives and children, though [Page 5]those that were put out, had as much need, and they that suc­ceeded them, had as much means, to relieve them in their wants as Ministers have, and for the most part much more, and they may crave, and hope also to enjoy the same immunity with them, unless some colour of reason may be rendered to the con­trary, which they cannot answer.

SECT. III.

2. THe next consideration for Exemption from this Charge, is of the preheminence of that Authority, (which ap­pointed the substituted Incumbent) above that of private Pa­trons: (which is the same by which setled and itinerant Justice is administred, mens lives and livelihoods disposed of, all mat­ters of peace and warre ordered and managed (throughout three populous Nations) by whose power, the people are pro­tected, for the safety of their persons and propriety of their E­states: and but for which (whatsoever is pretended for ano­ther Title) we might come under more calamity (by Anarchical and Democratical confusion) then by Monarchical or Oligar­chical Tyranny.

Taking those who have such predominant power for our Pa­trons, we may (we hope) desire, deserve and expect as much priviledge and protection, as the Clerks of private Patrons have enjoyed, who were never compelled to pay a fifth part, to those that have been put out upon the death of the outed Mi­nister: though liable to no manner of Exception, either of In­sufficiency, Negligence, Scandall, or Disaffection to the pre­sent Powers: and it should not be forgotten, and (being re­membred) it may stop the mouths of such as are apt to clamour (if the fifth part be denied them) that Bishops (when the Church door keys hanged on their girdles) suspended ab Officio & Be­neficio, divers of the most learned, godly and conscientious [Page 6] non-Conformists of this Nation, meerly for scrupling a super­stitious Ceremony, which themselves confessed (at the best) to be but a thing indifferent, and oft times absolutely deprived them of their Benefices, and instituted and inducted others in­to them: thereby cutting from them all hope of recovery, but allotting no portion at all, for supply either of them, or their wives and children. So that the Benefit came in entire to them, though they were admitted to their Benefices, but by the Right of particular Patrons: and should not the Parliaments Patronage, bring with it as great a priviledge to their Chaplains, as that of private Patrons to the Clerks they present?

SECT. IV.

3. THat our Condition should not be worse then theirs, we may (I speak sometimes in the Plural number, because my case is not singular, many being in the same condition, and I presume in these considerations consenting with me) I say, al­leadge the different manner of our Admissions to our respective places, and that in two particulars, 1. In the Trial and Exami­nation of Ministers, before their Admission into their Incum­bency, which was nothing so strict and exact in former time, as in the way prescribed by the Parliament. 2. In the freeness of their Patrons benevolence without any Exaction or Expectation of any profit, yea without any suspition of Simony, either ex­press or implicit, which was so familiar in former times betwixt Patrons and their Clerks; that there were few presented, whom secular gifts did not make more gracious in the eyes of their Patrons, then Spiritual: which if it were known, the Clerk was to be turned out of his Benefice, and the Patron to lose his next turn of presenting. In these respects our en­trance being more fair and free from just Exception and Sus­pition then theirs, I humbly conceive, we should enjoy [Page 7]our places (at least) with as much freedome as they have done.

SECT. V.

4. WHere our Saviour saith, The Labourer (not he that laboureth not) is worthy of his hire, Luk. 10.7. he meaneth, That he that doth the whole work, should have the whole wages; and this is as just as that he that hath the whole wages, should do the whole work: Though the time hath been (before the Parliament called in the last Kings time) that many (in London especially) took the whole pay of Parsonage, and would do but half the duty of a Parson or Pastor, preaching (at most) in the forenoon of the Sabbath day, and putting the Parishion­ers to pay for the afternoons Sermon, upon another account: for they were fain to take it as a courtesie, that their Parson gave them leave to choose a Lecturer, and to pay him them­selves, for the performance of that Service, which belonged to his Office in his own person (if he were able to undergo it) (for he was to use double diligence according to that of Solomon, In the morning sowe thy seed, and in the evening let not thy hand rest: for thou knowest not whether shall prosper, this or that, or whether they both shall be alike good, Eccles. 11.6.) if not, and the means were competent, he was to bear the charge of his assistants Service: but no body should be compelled to pay to him, or his, that assisteth not, that doth no Service in the Office, for which a Salary or Maintenance is assigned.

SECT. VI.

5. IF the outed Minister be justly put out, and another as just­ly put in by the Supream Authority (though most offend­ers will be rather querulous then quiet under the justest sen­tence, that is or can be passed upon them) it cannot but appear just, to allow the entire maintenance to the Incumbent Mini­ster, as well while the Delinquent liveth, as when he is dead (in which case the fifth part is neither allotted by Authority, nor looked for by their widows or fatherless children) yea rather, while he is alive, then when the case is so far altered with him, as to be sequestred not only from his super-intendency over a particular Parish, but from all Society with the whole world, and that for two Reasons:

• 1. Because mortui non mordent, being dead they can do no more hurt, but while they live, their repining at the power, which took their Benefices from them, their envy at those who are put into possession of that they have forfeited, and their inordinate zeal for restitution of a contrary Authority, (whatsoever it cost either in bloud or treasure) and the like degree of superstitious devotion to the Service-book, and corrupt customs, make them sometimes boldly and busily to bestir themselves, to cherish the like disaffection to the pre­sent State, and fond affection to the former in the people, and so to harden them against the Reformation both Ecclesiastical and Civil, as also to make those odious unto them, who in compliance thereto (out of conscience) officiate contrary to their affected forms, and prejudicating fancies: wherein some have done more disservice to the present Government (ram­bling about to make now proselytes, and to confirm old Ma­lignants (which they do so much more busily, as they have the lesse to do, and the more boldly, as they have the lesse to [Page 9]lose) then they could have done, when their constant Mini­stry was confined to one place: for so their corrupt Doctrine was but as the poisoning of a Pond or Cistern, whereas now some of them take leisure and liberty to poison the chief fountains in the Land with superstitions, unsound, and (as far as they dare) seditious doctrine.
• 2. Because while they are living (though the wisdom of the Parliament hath thought it fit, to cut off all hope of re­stitution to the same Churches sequestred from them) they are not out of hope of maintenance (especially since the En­gagement is laid aside) if they do not wilfully persist in their opposition to the State and Reformation proposed: for some of them
  Isocrates gain­ed more silver by teaching of a School, then ever any pro­fessour did, so that he was a­ble to defray the charge of a Galley at Sea. Plut. Morals in the lives of the 10 Orators, p. 924.
  Isocrates-like, by teaching of Schools, have thriven more (by what they have gotten and saved that way (living in a more private and lesse expensive manner) then when they possessed their Benefices, and bare the burdens incident unto them. Some again have gained more by preaching without them, then when they possessed them: And some I am sure have been put out of a small Benefice, and (upon taking the Engagement) have been put into a great one, so that they may say as
  Plutarch in the life of The­mistocles, p. 131
  Themistocles to his sons, My sons, we had been undone if we had not been undone. So they, We had been impoverish­ed in our small livings, if (for our opposition to the Parlia­ment) we had not been put out of them, and by compliance with the Parliament, (whether sincerely or deceitfully they cannot tell) we had not been placed in such as are better.

SECT. VII.

6. THe allotting of the fifth part of Ecclesiastical profits (as aforesaid) hardens many both against the Parliament, and against those whom they send to succeed the sequestred Mi­nisters. for they take this fift part as a rent, whereby their right [Page 10]of re-entry is reserved to them, and so they and their complices have made account hitherto, that their Successours tenure holding what they have (as yet they have done) not for their own, but anothers life, a turn of providence (which they hope for, and will help forward all they can) will return them into their former estate, and so (after a Parenthesis of Sequestrati­on is past) the whole sentence of restitution, and repossession, will settle them where they were, in a right of perpetuity, and this (believing the lying reports and predictions of their News­makers, their false prophets, as Ahab did his) they expect will speedily be brought to pass.

SECT. VIII.

7. BEcause by the taking away of the fifth part from them, they are (in effect) put every fifth year to serve the Cure, without any wages, and if the fourth years fruitfulness were but doubled, as by the blessing of God every sixth year was trebled to the Jews, Levit. 25.21. when the seventh was to rest, and so to bring forth none encrease: or that they might out of all the former years, not by scandalous nigardice, but by ingenuous Providence, lay up a portion, which might make a competent supply, for that annual dimi­nution, they might be very well content with the one, or with patience and silence endure the other. But as the case is with them, by paiment of publick impositions, rated by those who to spare themselves (and sometimes to spight us) aggravate our charge without either Mercy or Ju­stice: by the tax of thisI call it an Egyptian Tribute, in regard of the proportion, the fifth part, which was paid to Pharaoh by his people, Gen. 41.34. though otherwise contrary to that which many of us have cause to complain of, for the Egyptian fifth part was laid up, as provision for prevention of famine, to those that paid it: our paiment of a fifth part is our present oppression, without the expe­ctation of any good for hereafter. Egyptian Tri­bute, [Page 11]by the open and wilfull defraudings of some of them, as if it were rather their right then any wrong to us to rob us of the tenth by many accidental expences which come upon divers of us, after the proportion of the common report of the value of our livings (exceedingly one rated sometimes of purpose, to advance the fifth part to the greater advantage of those that require it) wherein they expect no less liberality from us, then when all came in without such paiments, and went out at the market upon farre more profitable prizes, then now they do, receipts and disbursments rightly reckoned together, the allow­ance will be little for the subsistence of the Ministers in service, and their Families; nothing at all to be saved to pay debts (contracted partly by precedent plunderings, partly by the charge of enforced removals, from place to place) which draw in damage at both ends a termino a quo & ad quem, (from the place whence they come, and whither they go) nor to raise any reasonable portions for their children, nor to make any competent provision for their wives, in case of widowhood, when they survive them. For mine own part (and I doubt not but there are others of my Brethren of my minde) though the R. of Br. (if duly payed and not unduly charged) would be as Beneficial as I would desire, yet as it is to me (with all the de­falcations and burdens incident unto it) if my conscience could be discharged, from obligation to the Pastorall Charge of it, and would allow me to reap where I sowe not, I should be contented to give it up, and to be confined to a fifth part only: especially if I had D.H. his either present means, or fu­ture hopes.

Obj. If any object, That the Ordinance of Parliament alloweth a fifth part of the Sequestred Benefice to the outed Ministers, and if we like not to take upon us the Incumbency (upon these tearms, we may give up the work and wages both, or rather (at the first) we should have refused to undertake the one, and to take the other.

I answer

Answ. First, That the Ordinance for ejecting of scandalous Mi­nisters,would not have passed, in the House of Peers, without the allowance of a fift part to their wives and chil­dren: [Page 12]and therefore there was at the first a kinde of necessity, to allot them such a portion, though otherwise many godly and worthy Members of the House of Commons were against it, as before hath been observed.

Secondly, Though some Countrey Committee men have (against all equity and ingenuity) urged the letter of the Ordinance, as if (like the Rule of Ignatius Loiola)Ad literam, ad literam, fine glos­sa, sine glossa. Reg. Societ. Jesu To the Letter, to the Letter, without a Glosse, without a Glosse, it were punctually to be observed in all cases, without Ex­ception or Limitation. The Committee for Plundred Mini­sters at Westminster, have (by their usuall practice) ex­pounded it otherwise, allowing sometimes no fifth part at all, and that they might very justly do, in divers ca­ses: As

• 1. Where the Benefice will not bear it, and leave a com­petent Subsistence for the Incumbent.
• 2. Where the outed Minister hath means of Subsistence of his own, or by his wife.
• 3. Where the Father or Grandfather is rich enough to maintain the wife and children, in which case, the
  For this see Mich. Doltons Justice of Peace, p. 84. fine, and p. 85. princip. printed for the Com­pany of Statio­ners, au. 1619.
  Law the charge upon them.
• 4. Where the Party put out continueth scandalous, and disaffected to the Government, and contumaciously opposeth the Reformation, either of Church or State: For it seems just and reasonable that he should thereby forfeit the fifth parts, as well as the four parts before, for his former miscarriage. And for such as were scan­dalous, the
  See the quo­tation of Mr. Prinne at the beginning of the first Secti­on.
  late King (though tender to his party) required none allowance, and sometimes they allowed lesse then a fifth part, as if the Delinquent had any means at all that was to be reckoned to make up a fifth part, as if the fifth part were 40 l, and he had 20 l of his own, he was to receive but another 20 l of the Incum­bent Minister.

Thirdly, The Ministers acceptance of a Pastoral Charge, with the burden of priment of a fifth part, should be no prejudice, either to their suing or speeding for deliverance from it: because it was then imposed, when they were dri­ven [Page 13]from their own places, and plundered by the Malignant party, of all they had: in which extremity they were glad to take pains, upon any tearms: he that hath nothing will not refuse to do service, though he have not so good pay for his pains, as Micah his Priest had, Ten Shekels of silver a year, a suit of apparel and Victuals, Judg. 17.10. and thence it was that the House of Lords (at the first) made no scruple, to order that not a fifth part, or third only, but aWitness the case of D. R. from whom the Rectory of F. in Essex was sequestred, and he was by Order of the House of Lords, to have half the profit of the Be­nefice, and M. l. now (or late) Minister at Br. but the other half, to serve the Cure, and this Sequestration to last but half a year, as a person of eminent place, parts, and integrity, told me not long agoe. full half of the mainte­nance of a Preaching Minister, should be paid to him, who was not to preach, and as if this were too great a favour to be long enjoy­ed, it was to hold out but half a year.

But now theirI mean not by any thing I have said of the House of Lords, any diminution of dignity to those truly noble and worthy Patriots of that House, who have been faithfull and constant to the cause of the Commonwealth, against the boundlesse Prerogative of an absolute Monarchy: for upholding whereof thirty eight Earls and Lords revolted from the Parliament to the King, who are particularly named in M. Mays History of the Parliament of England, lib. 2. cap. 5. pag. 87. nor from these would I detract any honour due unto them, though I have no reason to like their resolution, in this particular. Lordships have no such power (in favour of their Chap­lains) to oppress the Ministers put into their places by the House of Commons (who now without them are reputed a compleat Parliament) they may both with good Conscience complain, and upon just reasons (such as have been given in this cause) ex­pect, that that burden which at first was laid upon them, and taken up by them, by a double necessity (as hath been shewed) should not still be continued when it is in the power of their Patrons to relieve them.

Object. But it is against Charity to deprive the offender of all his means, and to leave his wife and children who offended not without any maintenance.

Answ. First, I grant it is so, and not in the case of Ministers only, but of others, who put out of Office, have no fifth part assigned them or theirs, out of the Offices they have lost, and not alone while they are living, but when they are dead, and then much ra­ther, as hath been proved.

Secondly, I hold that we are bound by the rule of Scripture, to give bread and drink to an hungry and thirsty enemy, Proverbs 25.21. Romans 12.20. but I take not this to be a meer ministeriall Duty, but a Christian Duty common with us, to all others of our Christian Profession, and there­fore

Thirdly, I wish the case of all indigent persons may be taken into compassionate consideration, and such means or­dered and ordained (for their relief) as is most just and reasonable: and it is most just and reasonable, that a com­mon duty (as that charity is) should be exercised in such a proportion, as that it may not be oppressive to any par­ticular person, as the paiment of the fifth part is, even to those who are possessed of Benefices of good value, for as in part I have said before,

• 1. The Parishioners in most places make no consci­ence to pay them their dues, or to rob them of their portion, because they take them for intruders into other mens Rights.
• 2. They care not how heavily they load them in taxes to ease themselves.
• 3. The Ministers have not such ready means to require or recover their dues, as the Clerks of particular Patrons have formerly had.
• 4. Some of them are burdened, with providing for those who (according to the Law fore-mentioned) are put upon them for relief, to which adding the paiment of a fifth part (with the relief of the poor, besides many extraordinary charges, no lesse then if they enjoyed the whole Benefice to themselves) adde to all these the many harsh usages they meet withall, from their ill affected people, their condition becometh so displeasing to themselves, that they are as capa­ble of pity with those that know it, as of envy with those that know it not.

Fourthly, For the particular way or means of extending Charity to such persons as for offence to the State have forfei­ted their places of imploiment, and benefit annexed thereto: I will not take upon me to give any directions, but if there were [Page 15]a Committee appointed to that purpose, and liberty given for others (as in some cases it hath been) to make proposals unto them, I doubt not but such an Expedient might be offered to their approbation, as might be more comfortable for Sequestred Ministers, and no ways grievous to any, as the paiment of a fifth part is, to most on whom it is opposed.

SECT. I.

TO these Reasons against the paiment of a fifth part in ge­neral, I shall annex some others in particular: which may evince, That though a fifth part might justly be assigned to some outed Minister, from some Minister Incumbent, yet not in our case; for neither is the Doctor such a man as is capable of it, nor am I in a condition to part with such a portion of my dues to his use.

1. For the first, That he is not capable of the fifth part in the intent of the Ordinance (as the regular practice of the Com­mittee for Plundered Ministers at Westminster expounds it) I shall shew by two Reasons:

• 1. The one is that he needs it not.
• 2. The other is, That if he did, there are other wayes for supply of his wants.
  • 1. That he needs it not, I can prove it by double evi­dence. [Page 16]
    • 1. From Himself.
    • 2. From Others.

1. From Himself, he hath said divers times, But for the Means he hath in Wiltshire the Parsonage of Br. would not have answered his Charge in the time of the Warres; how much that addition amounted unto, I have not been informed; but secondly, That it is enough now for a competent Subsistence himself confessed, when (March 24, 1649.) he said, That he should not need a fifth part above two years, and to both these Testimonies of his, I can produce sufficient witnesse upon Oath (if he dare for conscience, or can for shame deny his own words) but I think he will not, because he did not, when I had mine evidence ready to produce against him, before the Committee at R.

Now since he is known to be so good an Husband, as not onely to know his own Estate, but how to man­age it to his best advantage, and to speak as much for his own Interest, and to pursue it as eagerly as any man can do, that makes not mammon his God, none that knows him, will ever believe he would have said so much to the prejudice of his own profit, if it had not been true, and such a truth as he was familiarly acquainted withall, and whereof he might be convinced if he should say the con­trary.

2. From Others: I was ready at R. upon the 19^th of October, 1652. the day agreed upon by the Committee (our Judges) and the Doctor himself, and me (the par­ties) for the hearing of our differences, to produce my Witnesses for proof, that in Wiltshire he had Lands, let for the yearly value of about 80 l, and Woods upon them worth many hundreds. But he knows, who would not suffer them to give in their Evidence upon this pretence, That the Ordinance allots the fifth part without any exce­ption, of other means or maintenance, more or lesse, though he were so assuredly informed, That he could not but believe it, that the Committee for Plundered Mini­sters at Westminster, did by their ordinary practice clear [Page 17]the meaning of the Ordinance, to be for the allowance of a fifth part onely, where other means of necessary Subsistance was wanting: and that upon good reason, for if a man may have a good Estate of his own, and never­thelesse, without any pains, may have a fifth part of his portion who bears the whole burden of Ministeriall du­ties, in the Church, of Hous-keeping and of Hospitali­ty at home, and of all Taxes and Impositions for the Publique: the condition of many (both pains, means, and charge considered) will be better by putting out, then theirs who are put in to possesse their places, which surely cannot be according to the minde of the Par­liament.

Besides, for the Doctors wife and children (she being an in­heretrix of a fair Estate, when her father dieth, who is a weak man, and well stricken in years, if he be yet alive) there is no fear of their want, though they have neither Right nor part in the Rectory of Br.

2. For the other Reasons, That if he had no means of his own, he should be no sharer with him in wages, who doth all the work (when he doth none of it for which it is due.) Besides the Arguments against the fifth part in general, alrea­dy produced, it may reasonably be pleaded, in barre to his claim of the fifth part by particular application unto him, That

• 1. If he be not invincibly wilfull, against the Govern­ment which gives him Protection, he may no doubt have employment for his good parts, and a competent Sa­lary, for the good service he may do, in the use and exer­cise of them.
• 2. If he will not be taken off, nor abate any whit of his rigid misconceits, and disaffection to the present Go­vernment, and to their publick proceedings, nor forbear to do them as much disservice, as he can and dare (upon all occasions in private and publique) they may think it a matter rather of favour, then of rigour, if he want to send him for supply to the known Laws of the Land (so much cried up by him and his party) and they will send [Page 18]his wife and children, to the able Gentleman, her Father and their Grandfather, for in such a case it is thus ordered by Law, The Father and Grand-father, Mother and Grand­mother, being of sufficient ability, shall relieve them, in such manner as the Justices of Peace, in that County where such sufficient Persons dwell, at their quarter Session, shall assesse. Dolt. Justice of Peace, printed for the Society of Stationers, an. 1619. p 84, 85.

But he and his, if they were in want (being such as they are, with such an one as his Father in Law is) would finde mercy ready enough to receive them, without any order of Justice of procure their entertain­ment.

SECT. II.

NOw as by what hath been said it appeareth in respect of him, That it is not reasonable he should require a fifth Part of the Parish of B. So I shall now give Reasons (in respect of my self) which may conclude it as unreasonable that I should pay it.

1. Though I acknowledge with all thankfulnesse, the Par­liaments benevolous intentions towards me, in designing me to officiate in such places, as promised me a very comfortable reward, for the work of my Ministry: yet such hath been my mishap (through others Malignity) that I have been a loser by them, and so little a gainer or saver by the exercise of my calling (for the best part of fourty years together) that upon a just occa­sion (though but an unjust surmize of my thriving by adherency to the Parliament) I made bold to tell some of the most emi­nent Commonwealths-men of this Nation: That if they would make mine estate as good in Lands, as it was before I went to the Ʋniversity, or in money and goods, as good as before I had an Ecclesiastical benefit, I would serve the Church and State with my best abilities (according to my Conscience) for nothing as [Page 19]long as I lived. Or if they would but put me into as good a condition as I was possessed of before I was driven to flie from all I had, because my Judgement and Conscience engaged me to be of the Parliament Party: I would give up all I had of their gift, without any desire of further Benefit from them. Which being true, I cannot but so farre confide in their wis­dome and goodnesse, as to believe, they would not have ta­ken a fifth Part from me, to gratifie such a Doctor that so little needed it.

2. I may be the more confident herein, because where I was last disposed of, and where for my Settlement, there passed an Ordinance of both Houses of Parliament (though it wanted a formality of accomplishment, by the great Division betwixt the Parliament, City and Army, which then happened) I was so great a sufferer in all kindes by those who hated the Right and Reformation of the Parliament, and me for their sakes, that if my Cause had been seasonably, throughly and truly represent­ed unto them, I doubt not, but they would rather have award­ed me reparations for wrongs, and damages sustained, then mulct me by diminution of my wages, for the work which lieth wholly on me, and nothing at all upon the Doctor to per­form.

3. As it was my losing lot to part with the last Parsonage I had too soon (for it was a little before the harvest was ready for the Reaper) and so to beAt Astb. where upon the death of Dr. Dod the Sequestred Re­ctor, by pre­tence of a Writ, De vi laica amovendâ, I was violently and illegally put out of possession by the under-Sheriffe, but upon complaint to the Committee for Plundered Ministers, restored within a fortnight after by an order coming from them, commanding the same under-She­riste to put mine Antagonist out, and to put me into possession again (and he did so) and to make his appearance before the Honourable Committee, to answer for his unwarrantable proceedings against me, but upon the request of the high Sheriffe on his behalf, and because he pleaded the Obligation of his Oath to serve all Writs that came to his hands, I excused his appearance: how the Sheriffs great Fee prospered with him (for he was either liberally paid or promised for that illegall Act) I cannot tell, but sure I am, they for whom he did it prospered not, for he who was the pretended Presentee possessed not the Par­sonage, and had so much trouble with it, as he told me when I left it, that he wished he had rather given 200 l then disturbed me in it, and he that was really intended and put in in my room, was afterward for scandal removed. both injuriously and barbarously driven from it, without any recompence either of my pains, or [Page 20]charge upon it which was very great, by House-keeping, Im­positions, and Quartering of souldiers; besides that I was for­ced to put off my stock of Cattel at a low rate, which cost me very dear: So was it my hard hap also, to come to Br. too late, when the Doctor had newly inned as his own, all the provi­sion of the year past, and left nothing for me but mini­sterial duty, andChamaelion solus anim alium, nec cibo, nec po­tualitur, nec alio quàm acris ali­mento. Plin. Nat. hist. l. 8. c. 33. p. 118. Chamaelion-diet, untill the next Harvest.

4. The Committee at R. taking into their serious considera­tion, the necessary supply of him that should undertake the Pastoral Charge, made an Order, That the Doctor should enterAugust 14. 1649. on which day part of their Order was, And he is permitted to receive the Tithes, provided he give security to the Committee to pay 100 l to the next Mi­nister in lieu thereof in case he be removed, which I have attested under the had of the Clerk of the Committee. into Bond (which he did accor­dingly) for paiment of an 100 l, for his maintenance, out of the profits of the year precedent, which amounted to more by a double advantage, both of the value, and quantity of Corn, then had been known in one year, within the memory of man. But the Doctor got the Bond out of their hands again, by what means, whether direct or indirect, I determine not, but sure I am he is a 100 l the bet­ter by having it, and I a 100 l the worse by missing of that Summe: which should have fallen to my share, as his immedi­ate Successour, and haply had done, if they that put him out, had put me in, but it is like it was displeasing to some Commit­tee men at R. that they made a Blank at Br. and the Commit­tee at Westminster filled it up: and yet I required not a forbear­ance of the fifth part, untill I had paid the Doctor 69 l—12 s—2 d (upon a very hard bargain) a double price to the just value of many of the things I bought, as some of better Judgement then my self, and of better conscience then he, made the estimation of them: and well nigh as much more under the Title of fifths, and thereby (by the ebbing of Tithes to me (which came in with full tide to him) and by the augmentation of my charges of several sorts) I found my self unable to pay him any more under the name of fifths.

Yet he complained to the Committee at R. that I had not conformed to their Order therein, when I had his Acquittan­ces for receipt of a fifth part for the time past, and at that time [Page 21]he could claim no more untill the next Harvest, whereof having made due proof before the Committee, his Suggestion was foundBy the Committee of Parliament for the County of B. sitting at R. the 15^th June, 1652. This Committee being sa­tisfied by M. John Ley Rector of Br. that Dr H. did mis-inform them touching Mr. L. his non conformity to the Order for fifths, & the yearly value of the Parsonage. It is now thought fit that the value propo­sed in the letter of the 28 of April last, shall be no rule to apportion the fifths. And it is ordered, That the difference between M. L. and Dr. H. be heard before the Committee on the 20^th of July next, at which time Dr. H. is to prove the value of the Parso­nage by substantial Witnesses upon Oath, which are to be of the Parishioners. W. W. Major of R.W. St.J. W.G. W. a falshood, and I was discharged from paiment ac­cording to that proportion, which he had procured upon it to be ra­rated and ratified by their Letter un­to me.

5. And lastly, I am put to relieve and maintain those, whom the Law as­signeth to me for Sustenance, under that Relation, which obligeth the Doctors Father in Law, to provide for his wife and children, if destitute of means: and this Charity of the Statute, is to take place, and be served before that of the Ordinance for a fifth part, if none o­ther Objection could be made against it. [A part of this P [...]ea put into the Committee at R. moved four or five to consent, to order the repeal of the former Order, for paiment of the fifth part: but he refusing to joyn with his Colleagues (though menM. Stroud.M. Nutkins.M. Webb.M. Wooldridge. of eminent Integrity and Godlinesse) for Reasons which I forbear (untill I have further cause to produce them) it was not [...]o ful­ly ratified, as it should have been in the Tearms and Tenor fol­lowing.

SECT. III.

ANd here I thought I had ended with the Doctor, for this difference about the fifth part: but while I was setting my papers in order for the Press (the day before I was to send them to London) I received a Letter from him, wherein he challeng­eth a second promise of me (for once he did the like before) for the paiment of the fifth part of the Parsonage, after such a proportion as he could procure the whole to be let to, and paid by sufficient undertakers, which was farre more then ever I could make of it. Of these two promises he claimeth one (though not in this Letter) before the date of the Order of the 15^th of June, 1652. forementioned in the Margine: The o­ther since the Order Octob. 19, the same year, though within a while after, as about two or three hours of the same day.

For the former, the truth is upon his importunate pressing of me to let it (because he saw I was not worldly minded enough to make the best of it) I told him, if a competent number of the chief of the Parish would take it, and give good security for paiment of the Summe to be agreed upon, I would farm it out to them, he promised to bring me such to Wall. by a day prefixed.

That day come, he brought with him to Wall: (the place ap­pointed for our meeting) only two men, to take all the profits of the Rectory, and to undertake for the paiment of what he agreed upon: against whom I took exception joyntly and seve­rally: Joyntly, because both of them together, were not held of sufficient Estate (by such as knew both of them better then I did) to answer such a Summe as the Doctor had drawn them (by what artifices or secret security I know not) to engage for: [Page 24]for the one of them had no Land at all, the other but about half a yard Land, and for their Estate in stock, that was very uncertain, and not visibly such as might be sufficient security, if they should put me to sue them for breach of Covenant with me: and against them both the principal Parishioners took excepti­ons, as men disposed to deal a great deal more strictly with them, by a more rigorous exacting of all Ecclesiastical Rights, then their Minister would use. And yet that year had they taken it they might have lost at least a 100 l, as they made the estimati­on, who were best acquainted with the constant revenue of the Rectory; and if it had so fallen out or somewhat near it (the truth whereof I was not able to discover) would they not have fallen from their Covenant? and have been clamarous against me, if I had put them in suit for the whole, when they had fallen so farre short of their expected profit? and might they not, having my goods in their hands, and I but their paper and wax in mine, have advantage enough to weary me out, if I took a legal course to recover my Right? And as these were joynt ex­ceptions against them both, so there were some several or pecu­liar to each of them, for the one was not of the Parish (as I pro­posed, he consented, and both conditioned the Tenants should be) and besides be was too intimate a friend of the Doctors: The other not so well-affected to me, as my minde towards him, and the Parochial relation betwixt us required: for living in the Parish, and neer the Church, yet he constantly excommu­nicateth himself out of the compass of my Ministry (and hath done as well before that time as since) for what causes, and how he hath carried himself towards me otherwise, some do know, but God who best knoweth us both will one day judge.

The other promise of Octob. 19. was not as the former onely verbal, but written and testified by two witnesses, it was of this form,

To this neither his hand nor mine was subscribed, because he went out of R. before it was drawn up, and whether he would approve of it or no in terminis, I could not tell: and therefore I suspended my ratification of it, yet when we met we both a­greed to it, though without Subscription on either part.

It was his part to begin to act, according to this agreement, and he maketh account he performed it, when he brought M. D. of W. to bid me a price for the Rectory, which was on Tuesday Jun. 13. 1654. for of that he saith, He hath performed his part of the agreement in his Letter dated from Hart-Hall, Septemb. the 9. 1654. Buc.

Answ. He failed both

• 1. In the Summe. And
• 2. In the Security.

1. For the Summe, M. D. offered 20 l lesse then the written agreement. 2. He fell off from that he offered 40 l or 30 l at least: because I told I was engaged by promise, not to con­clude with him (who was none of the Parish) before I had proposed his terms unto the Parish: wherein I was the more willing to keep my word, because they were very unwilling he should be my Tenant for the Tithe.

But the chiefest of them (who appeared in the Business) confessing they could not pay so much, and so soon as he had undertaken, were content that I should proceed and conclude with him.

This I thought would please him well, and therefore (so soon as I parted with them) I went to Wall. to tell him of it, [Page 26]he being not at home, I left the intelligence for him in a Let­ter, desiring him the next morning to come to me, that (the great rub removed (the Parishioners dislike of his Tenantship for the Tithes) we might finally conclude what was formerly proposed.

That day he came not, but on Thursday June 15. he came and told me, If I would abate him 30 or 40 l of what he had bidden me, he would take the Tithes of me, otherwise not: it was strange to me that he should now refuse the bargain, and think it worse by so much (when he might have it with peace) then when there was much displeasure and indignation taken at his motion.

2. For the Security (whatsoever Summe was agreed upon) he would give me but his own Bond, without a Surety, where­as by the written agreement, the Doctor was to bring such, and so many sufficient men to be bound for the paiment of the rent, as I should accept and approve of. This made many confident (which upon surmise I would not believe at the first) that the Gen­tleman (being the Doctors intimate friend) this Treaty with me, was but a design to raise the fifth part to an unequal growth, that it might be to the other four, as the thumb a­mong the fingers: There were other suspitions taken up by some, That the Gentleman meant to take the Tithe and Glebe in his own Name, but after to turn over his Bargain to the Doctor, that he might by that means set him in possession of the Parsonage again. But he assured me he had no such mean­ing, and I meant to assure my self he should not do it if he would, resolving of an express condition to the contrary, with a considerable penalty if it were broken: and for my perfor­mance of promise, the Doctor himself hath (upon sufficient experience) said, he doubts not of keeping of my promise, but he was not pleased that I was with much difficulty drawn to make a promise, and even in his last Letter Septem. 6. 1654. his words are these, If you have not a minde to let your Living, you may keep it, but withall I suppose you will have more minde to keep your word: that you may do if you come to a less propertion with my consent, else you cannot.

Why not? when the failing was on his part, not on mine, [Page 27]both for the Summe and Security, as hath been shewen, and may be more fully evidenced by M. D. his Letter of the 19. of June, as followeth,

I was willing enough to have accepted of this offer, but so as I might keep my promise with my Parishioners, which had but suspended our agreement for a few hours, had he been at home: for the same day, he made that offer before D. H. (with a strong temptation to break my word; for he told me, if I would then take him at his word, he would then pay me an 100 l before I went out of his house) I came to acquaint him with the Parish­es consens (at least the consent of the chief of them) for rent­ing the Rectory unto him.

Now when neither the Doctor, nor he whom he propoundeth for a taker, come up to the Conditions of the Covenant betwixt us, Is it reason that I should be tied up alone to it? I doubt not but every wise and good man will (the premises considered) account me free from the precedent Engagements, and being free, it is time for me to give over, both promises and paiments to him, who hath had much more from me, and I much lesse from him, then (in equity and conscience) was due betwixt us.