<TEI xmlns="http://www.tei-c.org/ns/1.0">
   <teiHeader>
      <fileDesc>
         <titleStmt>
            <title>A Supply to a draught of an act or system proposed (as is reported) by the committee for regulations concerning the lavv: wherein are provisoes against several inconveniences which may befall the free-people of this nation thereby, unless seasonably by the Supreme Power, or otherwise prevented. To which is added, a short treatise of tithes, shewing their original rise, to whom due, how they have been disposed of from age to age; with seasonable proposals for the future preservation and advancement of religion and learning, and setling a competent maintenance for ministers and true labourers therein, for perpetual quiet of the nation. Published by divers officers and souldiers of the Commonwealth and Army, being the second part of their antidote and tendered to the same consideration.</title>
         </titleStmt>
         <editionStmt>
            <edition>
               <date>1653</date>
            </edition>
         </editionStmt>
         <extent>Approx. 91 KB of XML-encoded text transcribed from 22 1-bit group-IV TIFF page images.</extent>
         <publicationStmt>
            <publisher>Text Creation Partnership,</publisher>
            <pubPlace>Ann Arbor, MI ; Oxford (UK) :</pubPlace>
            <date when="2011-12">2011-12 (EEBO-TCP Phase 2).</date>
            <idno type="DLPS">A94126</idno>
            <idno type="STC">Wing S6192</idno>
            <idno type="STC">Thomason E693_7</idno>
            <idno type="STC">ESTC R203687</idno>
            <idno type="EEBO-CITATION">99863548</idno>
            <idno type="PROQUEST">99863548</idno>
            <idno type="VID">166500</idno>
            <availability>
               <p>To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication 
                <ref target="https://creativecommons.org/publicdomain/zero/1.0/">Creative Commons 0 1.0 Universal</ref>. 
               This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to 
                <ref target="http://www.textcreationpartnership.org/">http://www.textcreationpartnership.org/</ref> for more information.</p>
            </availability>
         </publicationStmt>
         <seriesStmt>
            <title>Early English books online.</title>
         </seriesStmt>
         <notesStmt>
            <note>(EEBO-TCP ; phase 2, no. A94126)</note>
            <note>Transcribed from: (Early English Books Online ; image set 166500)</note>
            <note>Images scanned from microfilm: (Thomason Tracts ; 107:E693[7])</note>
         </notesStmt>
         <sourceDesc>
            <biblFull>
               <titleStmt>
                  <title>A Supply to a draught of an act or system proposed (as is reported) by the committee for regulations concerning the lavv: wherein are provisoes against several inconveniences which may befall the free-people of this nation thereby, unless seasonably by the Supreme Power, or otherwise prevented. To which is added, a short treatise of tithes, shewing their original rise, to whom due, how they have been disposed of from age to age; with seasonable proposals for the future preservation and advancement of religion and learning, and setling a competent maintenance for ministers and true labourers therein, for perpetual quiet of the nation. Published by divers officers and souldiers of the Commonwealth and Army, being the second part of their antidote and tendered to the same consideration.</title>
                  <author>Leach, Edmund, of London,</author>
               </titleStmt>
               <extent>[4], 38 p.   </extent>
               <publicationStmt>
                  <publisher>Printed for the use of the Common-wealth and Army, and to be sold by Tho: Brewster at the Three-Bibles, by Pauls,</publisher>
                  <pubPlace>[London] :</pubPlace>
                  <date>1653.</date>
               </publicationStmt>
               <notesStmt>
                  <note>"The publishers epistle" signed: E.L. [i.e. Edmund Leach?] T.P. H.W. S.G. &amp;c.</note>
                  <note>Annotation on Thomason copy: "Aprill. 27.".</note>
                  <note>Reproduction of the original in the British Library.</note>
               </notesStmt>
            </biblFull>
         </sourceDesc>
      </fileDesc>
      <encodingDesc>
         <projectDesc>
            <p>Created by converting TCP files to TEI P5 using tcp2tei.xsl,
      TEI @ Oxford.
      </p>
         </projectDesc>
         <editorialDecl>
            <p>EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.</p>
            <p>EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).</p>
            <p>The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.</p>
            <p>Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.</p>
            <p>Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.</p>
            <p>Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as &lt;gap&gt;s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.</p>
            <p>The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.</p>
            <p>Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).</p>
            <p>Keying and markup guidelines are available at the <ref target="http://www.textcreationpartnership.org/docs/.">Text Creation Partnership web site</ref>.</p>
         </editorialDecl>
         <listPrefixDef>
            <prefixDef ident="tcp"
                       matchPattern="([0-9\-]+):([0-9IVX]+)"
                       replacementPattern="http://eebo.chadwyck.com/downloadtiff?vid=$1&amp;page=$2"/>
            <prefixDef ident="char"
                       matchPattern="(.+)"
                       replacementPattern="https://raw.githubusercontent.com/textcreationpartnership/Texts/master/tcpchars.xml#$1"/>
         </listPrefixDef>
      </encodingDesc>
      <profileDesc>
         <langUsage>
            <language ident="eng">eng</language>
         </langUsage>
         <textClass>
            <keywords scheme="http://authorities.loc.gov/">
               <term>England and Wales. --  Army --  Early works to 1800.</term>
               <term>Debtor and creditor --  England --  Early works to 1800.</term>
               <term>Tithes --  England --  Early works to 1800.</term>
            </keywords>
         </textClass>
      </profileDesc>
      <revisionDesc>
            <change>
            <date>2020-09-21</date>
            <label>OTA</label> Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain</change>
         <change>
            <date>2009-09</date>
            <label>TCP</label>Assigned for keying and markup</change>
         <change>
            <date>2009-10</date>
            <label>SPi Global</label>Keyed and coded from ProQuest page images</change>
         <change>
            <date>2010-05</date>
            <label>Taryn Hakala</label>Sampled and proofread</change>
         <change>
            <date>2010-05</date>
            <label>Taryn Hakala</label>Text and markup reviewed and edited</change>
         <change>
            <date>2011-06</date>
            <label>pfs</label>Batch review (QC) and XML conversion</change>
      </revisionDesc>
   </teiHeader>
   <text xml:lang="eng">
      <front>
         <div type="title_page">
            <pb facs="tcp:166500:1" rendition="simple:additions"/>
            <p>A Supply to a Draught of an ACT or SYSTEM Propoſed (as is reported) by the COMMITTEE FOR REGVLATIONS Concerning the LAW: Wherein are Proviſoes againſt ſeverall Inconve<g ref="char:EOLhyphen"/>niences which may befall the Free-People of this Nation thereby, unleſs ſeaſonably by the Supreme Power, or otherwiſe prevented.</p>
            <p>
               <hi>To which is added,</hi>
A ſhort Treatiſe of TITHES, ſhewing their Original Riſe, to whom Due, how they have been diſpoſed of from Age to Age; with ſeaſonable Propoſals for the future Preſervation and Advancement of Religion and Learning, and ſetling a Competent Mainte<g ref="char:EOLhyphen"/>nance for Miniſters and true Labourers therein, for perpetual quiet of the Nation.</p>
            <p>Publiſhed by divers Officers and Souldiers of the Common<g ref="char:EOLhyphen"/>wealth and Army, being the ſecond part of their Antidote, and tendered to the ſame Conſideration.</p>
            <p>Printed for the uſe of the Common-wealth and Army, and to be ſold by <hi>Tho: Brewſter</hi> at the <hi>Three-Bibles,</hi> by <hi>Pauls,</hi> 1653.</p>
         </div>
         <div type="publisher_to_the_reader">
            <pb facs="tcp:166500:2"/>
            <pb facs="tcp:166500:2"/>
            <head>
               <hi>The Publiſhers Epiſtle.</hi> To all faithfull in CHRIST, whom it doth or may concern.</head>
            <p>
               <seg rend="decorInit">H</seg>Aving lately heard of ſome <hi>Propoſiti<g ref="char:EOLhyphen"/>ons</hi> called <hi>The Syſtem of the Law,</hi> which are ſaid to be intended Prepara<g ref="char:EOLhyphen"/>tives to ſeverall <hi>Acts of Parliament,</hi> touching the <hi>Regulation of the Law.</hi> We cannot but with thankfulneſſe acknow<g ref="char:EOLhyphen"/>ledge the Care and Induſtry of thoſe worthy Perſons who contrived the ſame, it conteining many good and whole<g ref="char:EOLhyphen"/>ſom Proviſions for the future perpetuall Good and Quiet of the <hi>Nation.</hi> Nevertheleſſe we doe humbly con<g ref="char:EOLhyphen"/>ceive that there are ſome unſafe <hi>Reſults</hi> (ſaid to be) thereby offered; which (if they ſhould be confirmed by <hi>Act of Parliament</hi> before a further Supply of what is conceived <hi>Neceſſary</hi> and <hi>Convenient</hi> to be alſo ad<g ref="char:EOLhyphen"/>ded) may very much tend to the prejudice and diſquiet of the People: We (having formerly as well in this kind as otherwiſe contributed our weak Endeavours for generall good of this <hi>Nation</hi>) knew not at preſent, wherein we could give a more viſible Teſtimony of our Affections to the <hi>peaceable Government</hi> of the <hi>Free
<pb facs="tcp:166500:3"/>People</hi> here, than by offering to the ſeaſonable Conſi<g ref="char:EOLhyphen"/>deration of them and the <hi>Supreme Authority,</hi> what we humbly conceive prejudiciall and inconvenient to <hi>well-Government,</hi> in Caſe that <hi>Syſtem</hi> (as it is ſaid to be now prepared) ſhould take Effect: We therefore make bold to offer unto publique Conſideration ſuch fur<g ref="char:EOLhyphen"/>ther <hi>Proviſion</hi> as we humbly conceive moſt fit and con<g ref="char:EOLhyphen"/>venient, for <hi>Supply</hi> of what is thought to be omitted, miſtaken, or unprovided for therein (intending ſhortly to ſet forth further <hi>Diſcoveries</hi> of this Nature:) To w<hi rend="sup">ch</hi> we have added a ſmall Treatiſe concerning <hi>Tithes,</hi> with the original <hi>Riſe</hi> thereof, to whom due, and how fraudulently deteyned and exacted by Vndeſervers and diſpoſed of from <hi>Age</hi> to <hi>Age,</hi> with Propoſals for Pre<g ref="char:EOLhyphen"/>ſervation &amp; Advancement of <hi>Religion</hi> &amp; <hi>Learning,</hi> and future competent <hi>Maintenance</hi> of the <hi>Miniſters</hi> and the true <hi>Labourers</hi> therein (being Neceſſary for general Quietneſs;) and for Redreſs of ſome Inconveni<g ref="char:EOLhyphen"/>ences relating thereunto that have formerly befallen this <hi>Nation,</hi> hoping that ſomthing may therein appear to the <hi>Supreme Governours</hi> worthy of Conſideration and acceptance for Publique good; which is the reall Deſire and Endeavours of,</p>
            <closer>
               <signed>E.L. T.P. H.W. S.G. &amp;c.</signed>
            </closer>
         </div>
      </front>
      <body>
         <div type="text">
            <pb n="1" facs="tcp:166500:3"/>
            <head>A Supply to an ACT Deſired to be Propoſed (as is reported) by the COMMITTEE FOR REGVLATIONS Concerning the LAW.</head>
            <p>
               <seg rend="decorInit">I</seg>T being reported, That ſome perſons have propoſed in writing, or otherwiſe, or have ſuch intent, ſeverall things which may tend to inconveniencies, if needfull proviſions be not in the ſame.</p>
            <p>One of them being, (as is ſaid) That no Arreſt ſhall be before Summons, without any proviſio<g ref="char:cmbAbbrStroke">̄</g> either by
<pb n="2" facs="tcp:166500:4"/>ſpeedy Arreſt, or Reſtraint of any ſculking perſons, Out-lyers, or Fugitives, from going out of this Nation; or lying hidden, or obſcuring of themſelves, or giving out that they will, or running, or going about to run away, after they have gotten great Eſtates or ſummes of moneys into their hands, by flatte<g ref="char:EOLhyphen"/>ries and feigned machinations, and inventions, on a ſudden, and ſo daſling the eyes of many Conſcientious people, which (if ſo ſhould take effect) is to be feared, will be to the great loſſe of many, and undoing of divers of them, by many of ſuch, which will haſt ſuddenly away to <hi>Amſterdam, Conſtantinople,</hi> the Eaſt or Weſt <hi>Indies,</hi> and never come again to make any ſatis<g ref="char:EOLhyphen"/>faction to any of their Creditors; or give recompence to any of thoſe, which they have defrauded: but for any way of pre<g ref="char:EOLhyphen"/>vention of ſuch inconveniencies or miſchiefs, we forbear to write, being (as we conceive) ſufficient hath long ſince been publiſhed for that purpoſe.</p>
            <p>Another of them (as is ſaid) is, for putting the Laws of this Nation againſt Drunkenneſſe in ſtrict execution; (which as ſaid is very well done) to which is wiſhed might be added, That none might drink Healths to each other; which is very like would prevent much Exceſſe in that way: ſuch doings be<g ref="char:EOLhyphen"/>ing thought one of the principall cauſes of the fall of the <hi>African</hi> Churches; which loathſom and odious ſin, was much cryed out againſt by St. <hi>Auguſtin</hi> Biſhop of <hi>Hyppo,</hi> in his time.</p>
            <p>Another of which (as is alſo ſaid) is, That no perſon ſhall be arreſted, attached, moleſted, or troubled by any Originall, or other Writ or Proceſſe thereupon iſſuing, without any pro<g ref="char:EOLhyphen"/>viſion for declaring or proceeding in Actions, which are ne<g ref="char:EOLhyphen"/>ceſſary to be joynt againſt ſuch as ſhall or may be compelled to appear, with ſuch of them as be or ſhall be Fugitives, or obſcure perſons, and cannot ſuddenly be found to be procee<g ref="char:EOLhyphen"/>ded againſt, with the other, and ſome of them not in a long time; whereof (it is hoped) ſerious Conſideration will be had by the honourable Commiſſioners, or Committee for conſide<g ref="char:EOLhyphen"/>ration of the regulating of the proceedings in the Law, that no juſt cauſe or ſuit may be loſt for want of ſuch proviſion.</p>
            <pb n="3" facs="tcp:166500:4"/>
            <p>Two other good things (as is ſaid) be alſo propoſed, (that is to ſay) no more collaterall warranties may prevail to bar the Nephew or the Neece, and that no Occupancy, or Entry (by any ſtranger or other than the Heir of the Leſ<g ref="char:EOLhyphen"/>ſee) ſhall be concerning, into, or upon any Lands or Tene<g ref="char:EOLhyphen"/>ments, after the deceaſe of him who was thereof ſeized du<g ref="char:EOLhyphen"/>ring the life of an other, and dyed ſo thereof ſeized; toge<g ref="char:EOLhyphen"/>ther with which we could wiſh might be taken into conſidera<g ref="char:EOLhyphen"/>tion, whether or not it be neceſſary that the Statute of limi<g ref="char:EOLhyphen"/>tations of Entry ſhould as well extend to the bringing of writs of <hi>Entries, Aſſize, Formedons, Ayle, Beſayl,</hi> &amp;c. and the taking away tryalls by wagers of Battail, which is conceived to ſavour ſo much of Heatheniſm as tryals by <hi>ordeyl,</hi> or the cuſtome of Villenage although not ſo obſolete) but ſome<g ref="char:EOLhyphen"/>time have been put in practiſe in theſe modern times; and of wagers in Law, which many know do much hurt.</p>
            <p>Another of them (as is ſaid) is, That no matter to be pro<g ref="char:EOLhyphen"/>ved, or given in evidence, ſhall be avaylable, unleſſe it appear to be proved to be within thirty days next before or af<g ref="char:EOLhyphen"/>ter the time laid in the Declaration, or to the ſame, ſuch, or the like effect; which is conceived to be too ſhort a time of limitation for ſuch purpoſe; for if the matter come in que<g ref="char:EOLhyphen"/>ſtion within a year, it is thought difficult for any ordinary man to tye his remembrance within ſuch time, much leſſe af<g ref="char:EOLhyphen"/>ter 4, 5, or 6 years or more, which often may fall out in ſuch caſe; but it is conceived, that within the limitation of half a years time it may be remembred by ſuch, and very well by many, having regard to the ſeaſons of the year (that is to ſay) temperature, heat or cold within ſuch times, or ſome remarkeable thing happening.</p>
            <p>Another of them is reported to be, that no writ of Error hereafter ſhall be brought, or to ſuch effect; which if it happen, to what infinits would appeals come (if any ſhall be) and how then ſhould matters of error in fact be tryed? Is it not (as a<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>tiently hath been) convenient, that it ſhould be tryed in the Country, where the cauſe did ariſe? and amongſt others by ſome of the Hundredors there? and
<pb n="4" facs="tcp:166500:5"/>if the cauſe of challenge in ſuch caſe ſhould be taken away, many may imagin what inconvenience may happen; for in antient times Hundredors were accounted all honeſt according to thoſe times, and none others ſuffered by the reſidue of the Hundredors to remain or abide there; nor any ſtranger at all permitted to come to reſide there, without putting into the ſame Hundred pledges of ſome of the inhabitants thereof.</p>
            <p>And as concerning writs of Errors when that rea<g ref="char:EOLhyphen"/>dy drawn come out, (it is not doubted but) it, will appear that (if it be a effected) there will be ſeldome any cauſe of brin<g ref="char:EOLhyphen"/>ging many writts of Errors, or Appeals, but that very few may ſerve for that purpoſe.</p>
            <p>An other of them being reported to be, that if any perſon (who doth not ſue in form of poverty) be adjudged to pay coſts, in any cauſe, the ſame ſhall be payed by the Attorney in the ſute, if ſuch Plaintiff cannot be found in the Common<g ref="char:EOLhyphen"/>wealth.</p>
            <p>This (is feared) will be another occaſion in putting off all of ability in eſtate, experience or Iudgement, from being At<g ref="char:EOLhyphen"/>torney.</p>
            <p>And that thereby few or no pledges will be found other than the imaginary names of <hi>Iohn Doe,</hi> and <hi>Richard Roe,</hi> if the Plaintiff be not enforced upon commencing his ſute to find better, as by the antient law of this nation he ought.</p>
            <p>Another of them is ſaid to be, that after iſſue joyned, the ſame ſhall be tryed that day ſevennight in the place where the ſame is tryable, if the Judges ſhall be then and there ſitting, otherwiſe at their next ſitting in ſuch place after thoſe ſeven days, at the requeſt or proſecution of either the plaintiff or Defendant, or to the ſame, ſuch, or the like effect.</p>
            <p>And in others alſo (is ſaid to be) that Iudges without conſent of parties, ſhall not defer any tryal above 15 days longer than ſeven days after Iſſue joyned: And that only for ſome juſt cauſe to appear to the Court upon oath, and upon payment of ſuch coſts to the adverſe party, as he ſhall make appear by oath, he is or ſhall be put to by reaſon of ſuch de<g ref="char:EOLhyphen"/>lay, before any longer time be granted.</p>
            <pb n="5" facs="tcp:166500:5"/>
            <p>If theſe two ſhould be obſerved how will Plaintiffs or De<g ref="char:EOLhyphen"/>fendants, which have witneſſes in ſeverall or many places fa<g ref="char:EOLhyphen"/>diſtant from the place of triall, ſpeed? Or can it any otherwiſe be imagined, but that he, ſhe, or they, which cannot prove their Declaration, Plea, or Iſſue, without ſuch witneſſes to be brought from ſeverall places, ſhall unavoidably be tri<g ref="char:EOLhyphen"/>ced, and injured, it being impoſſible to have them brought to ſuch places of tryal in ſo ſhort time?</p>
            <p>Some others of them being (as is alſo ſaid) (for Forms of Declarations in a ſhort manner as followes, or to ſuch or the like effect) one, that a preſident is contrived in an action up<g ref="char:EOLhyphen"/>on a promiſe, only reciting that M. SS. the Plaintiff complai<g ref="char:EOLhyphen"/>neth againſt the Defendant for not paying <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> pounds, according to his promiſe, being ſo much indebted to him, the <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> day of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> to his damage of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> If this ſhould goe ſo, how can the Defendant imagine what promiſe or conſideration, or debt, the Plaintiff will inſiſt upon at the Triall? Be not ſome promiſes made without any lawfull conſideration, and many promiſes made that do not amount to any debt, nay not ſo much as to be demanded by the Plaintiff, untill ſome Act be performed on his part? And may not many promiſes be made for debts, duties or demands, which may be honeſtly ſatisfyed by the Defendant, and ſo by him proved, if he knew what would be ſtood upon at the Tri<g ref="char:EOLhyphen"/>all? And will not many Defendants in ſuch caſes be triced, &amp; others of them conſtrained to produce Multitudes of Witneſ<g ref="char:EOLhyphen"/>ſes to Tryals at their great Coſts, trouble and charges, to prove multiplicity of Matter?</p>
            <p>Another that M. SS. the Plaintiff complaineth againſt the Defendant for treſpaſſing him the <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> day of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> in Cloſe called <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> at <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> to his damage of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> without expreſſing, whether by walking with feet, or with cattel, or digging, cutting, lopping or top<g ref="char:EOLhyphen"/>ping: which is like more to puzzle the Defendant, than to lay it ſo uncertain, that the Defendant muſt be conſtrained to put in a common Bar, to enforce the Plaintiff to a new Aſſign<g ref="char:EOLhyphen"/>ment
<pb n="6" facs="tcp:166500:6"/>of the place in certain: and further, by ſuch courſes the Defendant is like to be put to ſuch other Inconveniences, as before is mentioned.</p>
            <p>Another M. SS. A. B. complaineth of C. D. for not delive<g ref="char:EOLhyphen"/>ring him <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> quarters of Mault, which the <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> day of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> he promiſed for Corn to deliver, to his damage of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> without mentioning when the Mault ſhould be, or when the Barly was delivered: which leaveth the Defendant to ſuch uncertainty, that he cannot tell how conveniently to defend himſelf at the Triall.</p>
            <p>Another H.SS. A. B. complaineth of C. D, of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> 
               <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> for not paying 20 <abbr>l.</abbr> debt, and 5 <abbr>l.</abbr> damages, which is due from him by Bond dated the <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> day of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> to his damage of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> for not paying it, without reciting to whom it ſhould be paid, or the Bond to be pro<g ref="char:EOLhyphen"/>duced into Court, whereby neither the Defendant nor his Clerk, or Attorney, can ſee whether his name be thereunto ſubſcribed or not, nor what witneſſe did or have ſubſcribed thereunto their names as witneſſes, or to ſee whether or not their names be counterfeit; or the wax new or old ac<g ref="char:EOLhyphen"/>cording to antiquity of the Bond; or whether or not the ſeal be counterfeit (ſuch wicked courſes having been more frequent of late years than formerly) and many beggarly per<g ref="char:EOLhyphen"/>ſons more expert, and diſhoneſtly bent to act ſuch things than in thoſe times; many being ſo cunning at that work, that a man cannot know his name ſo counterfeited fro<g ref="char:cmbAbbrStroke">̄</g> his own hand writing, without diligent care, and long viewing and com<g ref="char:EOLhyphen"/>paring, and conſideration had of other circumſtances. And beſides the Defendant cannot come to the ſight of the condi<g ref="char:EOLhyphen"/>tion of the Bond, that he may ſee whether it be perform'd or not: which things cannot be conveniently done at the triall, there being always little time to perform any ſuch thing; whereby the poor Defendant is like to be as much perplexed as before is mentioned.</p>
            <p>Another for breach of Covenants, only ſetting down the Breach, and the date of the Indenture, but not wha<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap> the Co<g ref="char:EOLhyphen"/>venants are, whereby the Defendant is left in the ſame caſe,
<pb n="7" facs="tcp:166500:6"/>as before is mentioned, and beſides moſt commonly a Defen<g ref="char:EOLhyphen"/>dants taketh no counterpart of Covenants: and likewiſe the breach may be of covenants in a Deed Poll, whereof no coun<g ref="char:EOLhyphen"/>terpart uſeth to be made, and thereby how can a Defendant defend himſelf againſt a thing falling upon him from a place out of his ſight?</p>
            <p>Another L.SS. A. complaineth of B. for that A. being a tradeſman, the ſaid B. the <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> day of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> ſpake theſe falſe and ſcandalous words of him (that is to ſay) A is a Bankrupt, to his damage of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> without mentioning of what trade the Plaintiff is, or upon what occaſion the words were ſpoken, that the Defendant may be provided to bring his witneſſes (if he have any) to counterprove the trade if cer<g ref="char:EOLhyphen"/>tainly layd, as well as the manner and occaſion of ſpeaking of the words, in which the Defendant will receive preju<g ref="char:EOLhyphen"/>dice if the Declaration ſhould be ſo generally laid, and be put upon diverſe inconveniencies as before is mentioned, for he may be a tradeſman and yet neither buy nor ſell, or at leaſt not buy upon truſt, which few handicrafts men do to any conſide<g ref="char:EOLhyphen"/>rable value, and the words may bear actions, by reaſon of many circumſtances, without which they would not lay. Other Preſidents, (is ſaid) there be ſo propoſed (the obſerving of which may tend to much intricacy) but very few, not near ſo many as will be neceſſary to be uſed, for which there be very good old Precedents; in which moſt (as is conceived) is neceſſary and little ſurpluſage in them; and beſides many actions upon the Caſe; be new Precedents, and divers others, for which no Precedents can be contrived before they happen; ſo that upon the whole matter, the old way and courſe con<g ref="char:EOLhyphen"/>cerning theſe things, is conceived to be the beſt; but with this, that if any ſhall put any apparent unneceſſary ſurplu<g ref="char:EOLhyphen"/>ſage in any Declaration, Bill, or Pleading, he ſhall be a<g ref="char:EOLhyphen"/>lowed nothing for ſuch matter. And if no other formes ſhould be, but ſuch as is ſo propoſed (as is ſaid) ſhall not the Defendant then be as a man alone, brought, ſent, put, or left, without Arms or Ammunition in the field, to fight with, or defend himſelf againſt another armed with ſeverall ſorts of weapons and company?</p>
            <pb n="8" facs="tcp:166500:7"/>
            <p>Another of them (as is given out) being that no Attorney ſhould be admitted to appear for any perſon, untill oath be made of ſerving of a ſummons, unleſſe he make oath before the chief Clerk that he had order from his Client to appear, and produce a warrant to the chief Clerk under the hand and ſeal of the Client.</p>
            <p>Nor ſhall any Attorney confeſſe Judgement in any cauſe, and if the Attorney ſhall appear without Warrant from his Client, or confeſſe Judgement againſt his Client, to ſuffer pu<g ref="char:EOLhyphen"/>niſhment.</p>
            <p>And if it ſhould be enacted in ſuch manner, without any fur<g ref="char:EOLhyphen"/>ther proviſion or limitation, together with laying aſide all pe<g ref="char:EOLhyphen"/>nalties (which is hoped is not intended, though it is ſaid it is propoſed) then would there be four times as many Trials as formerly uſually there have been, (about ſix Judgements be<g ref="char:EOLhyphen"/>ing uſually entred to one Triall, wherein neither partie to the Sute have been at Charges of Counſell, as they uſually are at Trials and Enqueſts of Office) which is doubted will conti<g ref="char:EOLhyphen"/>nue the charges in Sutes at Law as high as formerly, if not in<g ref="char:EOLhyphen"/>creaſe the ſame; but there being ſo much already written, and long ſince publiſhed in print abroad concerning theſe things; And examination of Witneſſes; For prevention of perjuries, and exceſſive charges in Trials, and abatement thereof; For ſale of Diſtreſſes taken for Rent; For enlarging the Statute for tender of Emends for Treſpaſſes, and that it may be in Replevins after Cattle in Pound, and for goods and chattels after the ſame taken into cuſtody with damages and coſts to the time of ſuch Tender; And of Motions and Orders; Un<g ref="char:EOLhyphen"/>due Courſes of Jury-men by receiving Rewards; For procu<g ref="char:EOLhyphen"/>ring ſpeedy appearances at ſmall Charges; Prevention of Ar<g ref="char:EOLhyphen"/>reſts without cauſe; For Relief of Creditors againſt wilfull pri<g ref="char:EOLhyphen"/>ſoners, &amp; poor priſoners againſt mercileſs Averſaries Exceſſive Charges by Bills and Anſwers, &amp;c. Frauds by Monopo<g ref="char:EOLhyphen"/>lizing Officers and Attorneys; For an eaſie way without charge to either party, Electing or to be Elelected, and with<g ref="char:EOLhyphen"/>out favour, or affection, or fear of any perſon for election of future Parliaments or Repreſentatives; Relief of honeſt
<pb n="9" facs="tcp:166500:7"/>Executors and Adminiſtrators, againſt payments of Debts and Demands out of their own Eſtates due from Teſtators and Inteſtats, more than the value of the Goods or Chat<g ref="char:EOLhyphen"/>tels, of the Teſtate and Inteſtate, which ſhall come to their hands, and of Debts not due, and of Creditors againſt diſhoneſt and fraudulent Executors and Adminiſtrators; For preſervation of Shipping from wilfull deſtruction by deceitfull perſons, to defraud Purchaſers and Creditors of their Ships; For compelling of Defendants ſpeedily to anſwer, when the Plaintiffs Witneſſes be ſick, or going beyond the Seas, and ſuch Witneſſes immediatly to be examined; for ſpeedy ap<g ref="char:EOLhyphen"/>pearance upon ſerving Writs or Warrants in Chancery, or to have Decrees within a ſhort time for Default thereof; For enabling a Conuſor or Plaintiff in a Judgement or Statute (if he will) to make his Entry and Claim, and then bring his A<g ref="char:EOLhyphen"/>ction for Recovery thereof, which he is driven to after with much Trouble and Charge about Executions concerning the ſame; And for Recording and Regiſtring of Deeds and Con<g ref="char:EOLhyphen"/>veyances, Judgements, Statutes, and other Incombrances upon Lands and Tenements, For prevention of Frauds and Deceits in Sales, and quieting of poſſeſſion of Purchaſers, And for enabling Creditors to have the benefit of Coppy<g ref="char:EOLhyphen"/>hold and Intayled Lands and Tenements for their ſatisfaction, as far as may be conveyed by Surrender, or cut off by Fine or Common Recovery, And of all Chattals Reall as well as Perſonall, it is forborn further to write of or concerning thoſe things.</p>
            <p>And as concerning the neceſſary continuance of Writs of Error in ſome caſes, (which (as is alſo ſaid) is propoſed to be taken away) which if it ſhould happen is doubted will be an occaſion of Appeals (if any ſhall be) to run to Infinites, in ſuch manner, that it will be impoſſible to have any conſidera<g ref="char:EOLhyphen"/>ble number of any Appeals to come to a period by that time (as is given out) is propoſed concerning the ſame, but that the ſame rather will remain ſeverall years undetermined.</p>
            <p>And as concerning divers other things neceſſary to be ta<g ref="char:EOLhyphen"/>ken into conſideration (they being ready written to be pub<g ref="char:EOLhyphen"/>liſhed
<pb n="10" facs="tcp:166500:8"/>in convenient time) it is forborn further to mention any of them.</p>
            <p>Another (as is alſo ſaid) is to the effect, That Diſtreſſes ta<g ref="char:EOLhyphen"/>ken for live goods preſerved by the ſpace of ten dayes, and not replevied, and of dead goods not replevied in 15 dayes, may be ſold, which ſhall be in this manner, (that is to ſay) The party diſtraining, or ſome on his behalf, ſhall acquaint the Sheriff therewith, who ſhall at a Court, &amp;c. cauſe twelve per<g ref="char:EOLhyphen"/>ſons to be ſworn to deal uprightly touching the apprizement of thoſe goods, and giving the parties who diſtrained them juſt ſatisfaction out of the value of them according to their beſt skill and judgement; And the parties ſo ſworn ſhall thereupon make apprizement of the goods, and likewiſe ſet what is due to the party who diſtreined them, with his dama<g ref="char:EOLhyphen"/>ges and full coſts, and the charges of the following of the Diſtreſſe.</p>
            <p>And the Sheriff ſhall thereupon ſell the goods, and by the price pay the party diſtreyning his full debt, damages, and charges ſo found by the Iury; (if the value will extend there<g ref="char:EOLhyphen"/>unto) and if there be a ſurpluſage, to reſtore it to the owner of the goods, all but his own Fee, which he is to retain, and ſhall in a Court cauſe the apprizement and diſtribution of the money to be entred: And theſe proceedings to be finall, without further queſtion to be had in Law or Equity.</p>
            <p>But may not there be Error, or cauſe of Attaint, or an Ap<g ref="char:EOLhyphen"/>peal in this, as well as in any other cauſe, although the firſt part of this is like to be a very good courſe? And in ſuch caſe it is juſt, that relief in ſome way ſhould be to the party grie<g ref="char:EOLhyphen"/>ved.</p>
            <p>And another of them (as is alſo reported) is, That an Aſ<g ref="char:EOLhyphen"/>ſignee of a Debt after Entree of it in the Regiſtree ſhall be enabled to ſue for it in his own name.</p>
            <p>But yet it is hoped that ſuch Proviſo will be made, that no unlawfull maintenance may be introduced, whereby any may be deprived of any juſt Debt, or the Debtor thereby diſabled to ſatisfie his former reall Debts. And that the Debtor may firſt pay off all he oweth upon matter of record appearing to
<pb n="11" facs="tcp:166500:8"/>be due, or entred in the Regiſtry, &amp;c. before any ſuch Aſſignme<g ref="char:cmbAbbrStroke">̄</g>t ſhall be available. And that ſuch Aſſignment, if it ſhall af<g ref="char:EOLhyphen"/>ter appear to be fraudulent, or for a feigned Debt, or upon any matter fraudulently deviſed, ſhall not be available againſt any Creditor, for good or valuable conſidera<g ref="char:EOLhyphen"/>tion.</p>
            <p>Another of them is given out to be, That an Executor or Adminiſtrator may pay a Debt without ſpecialty, due by the Teſtator or Inteſtat, before any other Debts upon ſpecialty, or upon Iudgment, Statute, or other matter of Record, to the Common-wealth, or to any other perſon, (if the Execu<g ref="char:EOLhyphen"/>tor or Adminiſtrator ſhall not have notice of ſuch other Debts.)</p>
            <p>Without any proviſo, or limitation of time, after the death of the Teſtator or Inteſtat, to give ſuch notice, of which it is hoped that due conſideration will be had that the Te<g ref="char:EOLhyphen"/>ſtator or Inteſtat (continuing a wicked, avaritious, or a Heatheniſh, or Atheiſticall life, and condition.) Divers before alteration of their Wills or Teſtaments, and many of them before the making of any, (being too many) may not contract fraudulent or feigned Debts in ſuch ſecret manner that it cannot be diſcovered (which hath been too frequently u<g ref="char:EOLhyphen"/>ſed) and thereby many defrauded of their juſt Debts and Demands; or that notice may be in ſuch like caſe in like manner as hath been written, and lately publiſhed in print.</p>
            <p>Another of them (as is ſaid) is, That if any ſhall ſend a Challenge or Duell to any, and he accept it both of them to ſuffer death, the one for ſending, the other for accepting, and the Meſſenger to loſe his hand: A doubt in this may be of occaſioning Aſſaſſinations by the parties which ſhall ſo ſend ſuch Challenge.</p>
            <p>Another of them (as is ſaid) being, For erecting of new Courts of Record and Iudicature in all Counties of this Na<g ref="char:EOLhyphen"/>tion, conſiſting of five Iudges in every of the ſame (where<g ref="char:EOLhyphen"/>of one of them at leaſt to be a Counſellor at Law) without reſpect of the greatneſſe of ſome, and ſmallneſſe of others
<pb n="12" facs="tcp:166500:9"/>of thoſe Counties; or of the multitude of People in ſome of them, and the paucity in others of the ſame; And that Iudges ſhall be tyed to often ſitting without adjournment above <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> times in the year, and not above one week at a time; which courſe its feared will be very chargeable, and little a<g ref="char:EOLhyphen"/>mend the former chargeableneſſe of the proceedings in the Law; for tis like, that no Counſellor will be willing to neg<g ref="char:EOLhyphen"/>lect, forbear, or forſake, all his practiſe during the time of three years together, (which he muſt do if he be and ſit as a Iudge) without good allowance or ſalary; And how then can any councell be found to be Iudge? and is it not conve<g ref="char:EOLhyphen"/>nient that Councell be verſed in the Practick part, as well as the I heorick of the Law, be<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>ore he can be able councell to be a Iudge? and will any other Gentleman in any County under<g ref="char:EOLhyphen"/>goe ſuch trouble and charges (which they neceſſarily muſt do if put upon ſuch imployment, and forbear the moſt part of their domeſtick and neceſſary affairs during that time) with<g ref="char:EOLhyphen"/>out ſome recompence, and not altogether to be at their own charges; as Iuſtices of Peace which are not tyed to ſuch care, duty, and attendance, in ſuch troubleſome and chargeable manner by many degrees?</p>
            <p>Another of them being, (as is ſaid) That no Attorney ſhall take above 6 <hi>s</hi> 6 d. for ſuing out the firſt Writ, draw<g ref="char:EOLhyphen"/>ing, copying, and ingroſſing the Declaration, including the fee for the Plaintiff. And the like for Appearing, put<g ref="char:EOLhyphen"/>ting in a Plea either Generall or Speciall, Copy of it, and the fee for the Defendants Attorney 3 s. 6 d. at a Tryall, or Writ of Inquiry, and the like for proſecuting and ſuing out the firſt Execution. And that no Attorney ſhall receive any fees exceeding 10 s. in any one cauſe, beſides the forementi<g ref="char:EOLhyphen"/>oned, and ſome other ſmall matters, or to ſuch effect, and yet ſhall continue and uſe his beſt endeavours to bring the Cauſe to a ſpeedy end, or otherwiſe ſhall reſtore all the fees which he ſhall receive.</p>
            <p>In which, if it be ment untill the mony be paid, or ſatisfa<g ref="char:EOLhyphen"/>ction given to the party, much inconvenience may be, for the Declaration may fall out to be ſpecial upon ſome contin<g ref="char:EOLhyphen"/>gent
<pb n="13" facs="tcp:166500:9"/>occaſion, for which no precedent hath been, and it may be neceſſary that many long recitalls of ſeverall Deeds, E<g ref="char:EOLhyphen"/>ſcripts, Minuments, and writings, parcels and particulars of goods, and ſums of mony, accompts, and ſeverall times, and places of acting diverſe things, which will require two days time of ſtudy, writing, and pains about many of them, and neceſſarily may be very long, many of them 40 or 50 ſheets of paper, and ſome of them more; and the like concerning ſpeciall pleadings. And if ſome ſhort forms of pleading (as is ſaid be propoſed) ſhould be only uſed (of which herein more is written) then it is thought neceſſary to ſet down and expreſſe in writing, what matters only ſhall be inſiſted upon to be proved, or given i<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap> evidence at the Triall, and a coppy thereof to be deliver'd to the adverſe party, or his At<g ref="char:EOLhyphen"/>torney, a convenient time before the Triall, to conſider of drawing up bills of Exceptions, Demurring upon Evidence, or praying a ſpeciall Verdict, otherwiſe the poor Defendant may be triced and deprived of his juſt defence, when his cauſe is good, and be overthrown againſt all right and reaſon: and is not this as convenient to be done, and put into wri<g ref="char:EOLhyphen"/>ting, as upon General iſſues pleaded according to the new Act (which as is reported is propoſed with a preſcription of how many things only ſhall be inſiſted upon at the triall, which is thought to be very well done?) And w<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>ll it not be as convenient, or much more, to have the body of the Decla<g ref="char:EOLhyphen"/>ration according to the old antient Formes or Precedents, contrived at firſt by very learned, judicious, and conſcienti<g ref="char:EOLhyphen"/>ous men, at the requeſt or appointment of our <gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>nceſtors, for the quiet of themſelves in their times, and us their poſterity after them, in avoiding of vexatious, unneceſſary, trouble<g ref="char:EOLhyphen"/>ſome, trivilous, and chargeable ſutes, which is conceived by many are more like to encreaſe than abate, if thoſe laudable Forms or Precedents ſhould be laid aſide? And will it not be as chargeable to have ſuch things put into writing at laſt, as at the firſt? And will not the Defendant have the better time to defend himſelf if done at the firſt? and will it not thereby
<pb n="14" facs="tcp:166500:10"/>be diſcern'd, whether the cauſe be good or not, and ſave much charge before it proceed, and many frivolous and un<g ref="char:EOLhyphen"/>juſt ſutes then die in the breeding, and thereby Suters have the better content? And if the matter ſhould be put off to the laſt, before it ſhould be put into writing (that is to ſay) un<g ref="char:EOLhyphen"/>till a Demurrer upon the Evidence, the finding of a ſpeciall Verdict, or Bill of Exception, will or can any be found or heard of after a ſmall number of years to do or draw the ſame? And will not then Learning, Knowledge, and ludgement in the Law be at, or fall to a very low ebb?</p>
            <p>And will not then many Suters be much prejudiced or wronged by reaſon of many of their juſt Cauſes going againſt them, contrary to all right and reaſon?</p>
            <p>And will not that endanger ſuch things as here in another place is mentioned?</p>
            <p>And if a ſtranger ſhould have a Cauſe Tried and goe a<g ref="char:EOLhyphen"/>gainſt him, would it not be a better ſatisfaction to him and his Countrymen (to whom he ſhould ſhew his Cauſe) to ſee the Cauſe appear in writing, that they may know the juſtneſſe of the paſſing, finding, and judging the Cauſe againſt him; than to have the matter ſtood upon, to be blown away, or vaniſh in the Air, or be as obſcure and myſticall to him, or any of his Countrymen, as if it were in the Clouds, and be an occaſion of ſuſpition in them of ſome unjuſt carriage in the buſineſſe? And what danger ſuch obſcurity may be to the alienating of the affections of Strangers to the people here, many make doubt.</p>
            <p>And as for having ſuch to be Clerks or Attorneyes in the Innes of Court, or Chancery, as many have been (and as is ſaid is propoſed ſhould be, and none other) how can ſuch be expected hereafter? will any be at the charge to train up their Sons that way? or will any bend his ſtudie to that (which is moſt difficult, and troubleſome, and chargeable, and ſo difficult, that few who have long ſtudied in the ſame have at<g ref="char:EOLhyphen"/>tained to any conſiderable perfection, knowledge or judge<g ref="char:EOLhyphen"/>ment therein) And none can be good Clerks in the Law
<pb n="15" facs="tcp:166500:10"/>without it, or any Attorney conſiderable; by which after he ſhall perceive that he ſhall not be allowed to live, or ſo much as be recompenſed for his pains in any conſiderable manner, no not ſo much as a Cobler or Porter in their wayes, and yet to be cenſured in their reputations, as to have been as bad as if ſome of them had acted ſuch things, for which ignominious penalty (as is reported) is propoſed to be impoſed, and for ſuch things as were never heretofore done, to the diſcourage<g ref="char:EOLhyphen"/>ment of Clerkſhip and all manner of learning? And how can it be imagined, that any ſuch ſhould ſubſiſt in theſe times, if he muſt not take ſo much, nay not half ſo much as in antient times, when they might have had better Diet by the Week for 2 s. and 6. d. than for 10 s. in theſe Times, for ſtudying con<g ref="char:EOLhyphen"/>triving, and drawing of pleadings, that is to ſay, Bils, Decla<g ref="char:EOLhyphen"/>rations, Anſwers, Pleas, Speciall Writs, Speciall Verdicts, Bils of Exceptions, Demurrers upon Evidence, &amp;c? about the ſtudying and contriving of many of which (to doe the ſame aright) the time of a day or two, or more, may be required, and yet the Declaration when done very ſhort, not above one, two, or three ſheets of paper, although ſome of the ſame may be very long, as herein is mentioned in another place: which trencheth moſt concerning Speciall pleadings, for which ſome Councell and Clerks have deſerved ſometimes 5 li. when as o<g ref="char:EOLhyphen"/>thers have not deſerved 5 ſh. Which things propoſed (if they ſhould take effect,) is feared will be an occaſion of the peri<g ref="char:EOLhyphen"/>ſhing of cauſes, which ſhall happen to be difficult, being moſt cómonly concerning weighty affairs, &amp; cauſes of great value; for few or none will undertake to meddle with them, when they ſhall perceive that they ſhall not be paid near to the worth of their pains. But in eaſy and petry Cauſes it is like to fall out that many will have great gains, and more than for<g ref="char:EOLhyphen"/>merly, for doing little.</p>
            <p>And if ſome Propoſals take effect (given out to be propo<g ref="char:EOLhyphen"/>ſed concerning <hi>Paupers</hi>) are not Counſellors and Attorneys like to be troubled with many more Sutes in form of poverty hereafter, than formerly they were? which will take up much of their employment.</p>
            <pb n="16" facs="tcp:166500:11"/>
            <p>And are not Attorneys like to have much more trouble, tur<g ref="char:EOLhyphen"/>moyl, &amp; travel in difficult caſes, which are like to be put off fro<g ref="char:cmbAbbrStroke">̄</g> Trial, one day appointed after another, by reaſon no Proviſion is made for examination of Witneſſes dwelling or reſiding in places far diſtant fro<g ref="char:cmbAbbrStroke">̄</g> the places of Trial<g ref="char:punc">▪</g> For which, if proviſion were made according to ſome Propoſitions formerly publiſhed in Print, great quiet would be in this Nation, and Trials aba<g ref="char:EOLhyphen"/>ted, Perjuries ſeldome committed, and Verdicts found, and Iudgement given to the content of moſt, and at ſmall charges: And yet ſuch Attorney, unleſſe he be (as it were) a ſlave to his Client, muſt reſtore all the money which he received (as is given out is propoſed) which is like will cauſe all Attorneys of ability to be weary of, and forſake their practiſe in a ſhort time, and leave the imployment about ſuch things off, to ſuch as will deal as bad as Monopolizing Attorneys that have bought their places, or crept into the ſame by Gratuities or Rewards have done, in betraying their Clients cauſes by rea<g ref="char:EOLhyphen"/>ſon of bribes, or Gratuities received of, or from the adverſe party; which they frequently have practiſed: For if ſuch Monopolizing Attorneys be not waited or attended upon by the Suter, their Solicitors Friends or Servants, they uſually permit good cauſes to periſh, and ſeldome or never have uſed to ſend to their Clients for to come to them, or ſend inſtru<g ref="char:EOLhyphen"/>ctions to prevent any danger: ſo that upon the whole matter it may eaſily be perceived by any that look into, or inquire after the dealing of Monopolizing Attorneys, that they are not only meer uſeleſſe, but burthenſome and miſchievous in a Common wealth, as bad as Miſe in a Barn, and if ſuch ſhould be in the new erected Courts (as ſome have ſaid is propoſed, others the contrary) as be in corporation Courts, they muſt be attended upon by the Suters, their Servants, Friends, or Solicitors; which would better ſerve for that purpoſe, with<g ref="char:EOLhyphen"/>out any Monopolizing Attorneys; but that all Attorneys in private mens cauſes, may be in generall, and at large, in all Corporations and Courts of record, as by Law they antient<g ref="char:EOLhyphen"/>ly have, and now of right may, untill they were injuriouſly hindred, debar'd, and interrupted by buyers and ſellers of at<g ref="char:EOLhyphen"/>torneys
<pb n="17" facs="tcp:166500:11"/>places contrary to Law; for the Iudges of the ſuperi<g ref="char:EOLhyphen"/>or Courts at <hi>Weſtminſter,</hi> never debar any of ability of Attorneys in the Inferior Courts, to practiſe in the Superior, (ſuch Judges knowing the Law) but the ignorant Judges of inferior Courts have been uſually wrought upon by Monopo<g ref="char:EOLhyphen"/>lizers for rewards, to debar and exclude the learned and able Clerks, and Attorneys, from practiſing in the inferior Courts, which hath been the occaſion of buying and ſelling men in ſuch inferior Courts, and if ſuch courſes ſhould continue, would they not then multiply? &amp; if people ſee that they cannot have Iuſtice &amp; Right, may it not be feared that they will go to Cutting and Slaſhing? And then how can it be expected, that after a ſmall number of years, any Attorneys of underſtanding or ability are to be found, or heard of? And muſt not then all Suters go firſt to Counſellors to have their Advice to their Cauſes ſtated in writing? Or can it be expected, that any Counſell will give his Advice (without the Caſe be ſo ſtated; or draw into writing any thing at all, where much pains is required) when he muſt take nothing for it? And who ſhall ſtate ſuch Caſe into writing if the Suter be not of Knowledge, and Ability ſufficient of himſelf to do it, when no Clerk or Attorney can be found to do the ſame? And if any Such ſhould be found, how can it be imagined that he will do a<g ref="char:EOLhyphen"/>ny ſuch thing, if he may not be ſuffered to take any thing for it? and is not the Profeſſion of a Clerk moſt troubleſome of any, and greateſt Truſt and Care to be had therein? and of the Attorney neareſt to it in that reſpect, and of the honeſt, learned, and painfull Councell next? and yet do not favo<g ref="char:EOLhyphen"/>rite Counſell, by favour of, and combination, and ſha<g ref="char:EOLhyphen"/>ring with—take much for doing little, and ſometimes nothing at all, or no Good at all for, but miſchief to their Clients, and have they not many times taken great Fees, and done nothing for the ſame, but deceived their Clients? And when that ſuch Clients have gone to ſuch Councell for their mony again, have not ſuch Counſell put them off and ſent them to their At<g ref="char:EOLhyphen"/>torney, ſaying that they would ſpeak with him about it? and durſt any ſuch Atrorney go to any ſuch Counſell, upon any
<pb n="18" facs="tcp:166500:12"/>ſuch occaſion? And hath it not been uſuall with ſuch favorite Councell to find fault with any Declaration or Pleading at Trialls and Aſſizes, in which they have not had their fees nor meddled with at firſt, and endeavoured to put their Client off after they have received Fees there, and very high, untill ano<g ref="char:EOLhyphen"/>ther day of Triall or Aſſizes, and yet detain thoſe Fees, when ſuch Declaration and Pleading, hath been drawn and penned, well and better, and by far better Counſell than ſuch Favourit, and is it not generally thought that ſuch Favo<g ref="char:EOLhyphen"/>rite Councell ſo uſe to do for their own only lucre, prejudiciall to their Clients, and have they not prevailed with many Cli<g ref="char:EOLhyphen"/>ents, and effected their purpoſes therein?</p>
            <p>And have not honeſt Councell, Clerks, and Attorney, when there hath been only jealouſie, ſuſpition, or report of diſho<g ref="char:EOLhyphen"/>neſty in them (though without cauſe or feigned) been ſcandali<g ref="char:EOLhyphen"/>zed &amp; clouded for ſome time? And have not <hi>Ambodextry,</hi> &amp;c. been connived at in ſome other Sorts (thoſe thereby grieved and ſome others knowing thereof, not daring to call them in Queſtion by reaſon of <gap reason="blank" extent="1 word">
                  <desc> _____ </desc>
               </gap> ?)</p>
            <p>And will not ſuch Suters as be of Knowledge and Iudgement (being avaritious, cunning, and ſubtill, and unconſciona<g ref="char:EOLhyphen"/>bly, and deceiptfully bent) undoe, grievouſly oppreſſe and vex other quiet People deficient in thoſe qualities, in wringing many of their Eſtates from them without any juſt cauſe? And will not People then be conſtrained to follow their Sutes in their proper perſons, or by their Domeſtick and Meniall Ser<g ref="char:EOLhyphen"/>vants, Neighbours, or Friends? And will not then many good Counſell forbear pleading or ſpeaking at Trials and Hearings? &amp;c. And will not then ſuch cunning Suters plead their own Cauſes, and wrangle and ſcould out honeſt and plain-dealing and meaning men, and ſuch Councell as then will be had, out of many a good Cauſe? And will it not cauſe great trou<g ref="char:EOLhyphen"/>ble and charges to Suters? And will not ignorant people then run head-long in unjuſt, intricate, and frivolous Sutes (like a blind horſe running his head againſt every Poſt, Wall, or other thing in his way, and many times into a Ri<g ref="char:EOLhyphen"/>ver or Ditch?)</p>
            <pb n="19" facs="tcp:166500:12"/>
            <p>Another (as is given out) is, That no Serjeant at, or Councell of Law, ſhall take or accept any thing of any Cli<g ref="char:EOLhyphen"/>ent but only as followeth (that is to ſay) for ſubſcribing his Opinion to a Caſe ſtated in writing, or for ſpeaking at a Triall, or for making a Motion, ten ſhillings; for arguing a Demurrer or ſpeaking at a Cauſe in Hearing in Chancery, twenty ſhillings.</p>
            <p>And where can Learned or Judicious Councell or Serje<g ref="char:EOLhyphen"/>ants at Law be obtained at ſuch low rates, and will continue their parctiſe?</p>
            <p>And after the departure of thoſe which be now of ſuch; when will any other of the like be hereafter?</p>
            <p>Can any Imagin that any will be at the charge or trouble of ſuch hard ſtudy to gain his living by practiſe, when ſome<g ref="char:EOLhyphen"/>times he muſt wait, as is formerly propoſed and publiſhed, before he can be heard a Motion?</p>
            <p>And can any learned Councell afford for twenty ſhillings to ſtudy and draw in writing an Argument in Law, about which many times they have been a month, and ſometimes more?</p>
            <p>And why ſhould any be at the trouble of drawing or per<g ref="char:EOLhyphen"/>uſing, or amending of any Bill, Declaration, or Plea<g ref="char:EOLhyphen"/>ding in Law, of great length, and ſubſcribing it, and be allowed but ten ſhillings for ſo doing? or drawing of Brevi<g ref="char:EOLhyphen"/>ats of the like kind, and be allowed nothing for ſo doing, though they have been a whole or ſeverall days about it? Is it not the beſt, moſt conſcionable, and equitable way, that without penalty, by Councell, Clerk, or Attorney, they may take according to their Deſert, or as much as the Client will willingly give, according as by the laudable Cuſtome approved by our Anceſtors for ſeverall ages they have uſed? And have not ſuch as have tranſgreſſed therein undergone the penalty as Extortioners, and been proſecuted? And is there not ſufficient proviſion in the Law already in force and uſe for it?</p>
            <p>And it is thought the more neceſſary and convenient, that this old way, the true Labourer to have his juſt hire, convenient
<pb n="20" facs="tcp:166500:13"/>to continue for the preſervation of Learning, which other<g ref="char:EOLhyphen"/>wiſe will decay, and the way of true inſtruction of People in the Chriſtian Religion, and the Law fall, and with it (which God forbid) the quiet of this Nation, (which is doubted) will indanger the ruine and deſtruction of the People here.</p>
            <p>And if Councell ſhould be ſo reſtrained, would it not be an Occaſion of the neglect of Learning and Study, and yet to doe as ſome ignorant Lawyers, or Advocates do in the Country, where ſmall Fees be allowed, in minding no<g ref="char:EOLhyphen"/>thing, but contriving their own Gain, and not at all regar<g ref="char:EOLhyphen"/>ding their Clients good, in taking ſuch ſmall Fees for every ſingle Queſtion, and another ſuch Fee for the ſame, if they forget the Reſolution of ſuch Councellor or Advocat in going out of his door, and returning again to ask of him the ſame Queſtion? And how long together have any Nation where any ſuch uſage hath, or Self ſeeking men only have been (go<g ref="char:EOLhyphen"/>verning by Laws made on a ſudden) continued in Quiet? And if Phyſicians ſhould be ſo limited and conſtrained, would they regard their Patients, or leave them to beggerly Mounte<g ref="char:EOLhyphen"/>bank and Quackſalvers to periſh under them?</p>
            <p>And if Counſellors, Attorneys, and Clerks, ſhould (as antiently in the times of our Anceſtors) receive accor<g ref="char:EOLhyphen"/>ding to their Deſerts, as (after all ſuch unlawfull combina<g ref="char:EOLhyphen"/>tions and practiſes in Monopolizers aboliſhed) they have u<g ref="char:EOLhyphen"/>ſed (many of them having deſerved five pounds when others not five ſhillings, and yet have took much more for doing little, than the beſt Deſerving have done for doing much) Then would not all manner of Learned and Iudicious Practi<g ref="char:EOLhyphen"/>ſers, which attained to conſiderable Learning and Iudgment in the Law (few or none of which have been heard of to be other than Honeſt, or any Diſhoneſt to bend their minds in ſtudying for any ſuch thing; for if thoſe of ſuch Profeſſion, according to their reſpective Numbers, ſhould not be (as they have been) more honeſt than any Profeſſions of like Num<g ref="char:EOLhyphen"/>ber, they would ſoon be found out, and by many Degrees ſooner than any other of any other Profeſſion, and be accoun<g ref="char:EOLhyphen"/>ted
<pb n="21" facs="tcp:166500:13"/>the worſt of Men) as formerly, willingly give Advice to ſome Clients (that is to ſay, ſuch as have formerly gratified them according to their Deſerts) without any Fee, Gratuity, or Reward whatſoever, asking, or accepting if tende<g ref="char:EOLhyphen"/>red?</p>
            <p>And have not ſuch learned and judicious Practizers almoſt alwayes done ſo, when it hath not been like that the Client ſhould have any Benefit in thoſe things for which they have asked Adviſe? And will not ſuch Counſell, Clerks and At<g ref="char:EOLhyphen"/>torneys thereby grow and proceed to be expert in the Law, as formerly, and be a means of preſervation of the Antient Laws of this Nation, being grounded at the firſt upon the Old and New Teſtaments? according to the Direction of <hi>Papa Eleu<g ref="char:EOLhyphen"/>therius</hi> Biſhop of <hi>Rome,</hi> to noble King <hi>Lucius</hi> of this Nation of <hi>Britain,</hi> and firſt Chriſtian King in the World, in his Chri<g ref="char:EOLhyphen"/>ſtian Epiſtle (in anſwer to the Meſſage ſent by King <hi>Lucius</hi> to him for the Roman Lawes to govern the people of this Nati<g ref="char:EOLhyphen"/>on by) putting him in mind that when he was at <hi>Rome</hi> (where he was trained up in the Chriſtian Religion during his youth, among the Chriſtians of the Primitive Church, in the ſecond Century after the paſſion of our Saviour) with his Chriſtian Brethren there, he received the Old and New Teſtaments; ad<g ref="char:EOLhyphen"/>viſing him, that out of the ſame he &amp; his People would take a Law to Govern by: intimating to him that thereby he ſhould govern well, &amp; that ſo long as he ſhould govern well he was K. otherwiſe ceaſe to be King. And after continued according<g ref="char:EOLhyphen"/>ly in the time of <hi>Constantine</hi> the <hi>Great,</hi> a Native and King of this Nation, and firſt Chriſtian Emperour in the World; the Grounds of which Laws have ever ſince continued by Cuſtom according to the Word of God, and ſo long alwayes accoun<g ref="char:EOLhyphen"/>ted good, but otherwiſe not good, and ſo adjudged from time to time: And when antiently any thing hath appeared to the Great Counſel here in their judgeme<g ref="char:cmbAbbrStroke">̄</g>ts (according to the Light which they had in thoſe times) to be introduced into the Laws, contrary to, or diſſenting from the Word of God, the ſame hath been aboliſhed &amp; rejected, and the Laws, according to their Abilities, amended and reformed from time to time,
<pb n="22" facs="tcp:166500:14"/>and all things ſavouring of Heatheniſm rejected, and not all our Lawes abrogated and laid aſide, and New made on a ſud<g ref="char:EOLhyphen"/>den, which neither could nor can be ſuitable to the well being of this Nation in many years. And to alter or change Fun<g ref="char:EOLhyphen"/>damentall Lawes here, on a ſudden (excelling others, before corruptions crept in) may be dangerous to this Nation, which hath ſo long been well governed in Peace and Quiet beyond other Nations; may bring the People here to the ſame Con<g ref="char:EOLhyphen"/>dition as others, and ſubject to the ſame Calamity, and as much threatned to Ruine as Others, and therefore is it not convenient that the antient and main Fundamentals of the Lawes of this Nation agreeable to the Word of God may be preſerved, and thoſe things thereunto diſſenting abrogated, to continue the ſame not only from being a Scandall, but that the ſame may be a Precedent to other Nations for their and our Union, for a perpetuall Peace and quiet living of them and us in Amity, for their and our preſervation in the Chriſtian Re<g ref="char:EOLhyphen"/>ligion againſt all Oppoſers whatſoever? For effecting where<g ref="char:EOLhyphen"/>of (omitting all which may ſtop, ſtay, ſmother or bury in ob<g ref="char:EOLhyphen"/>ſcurity any good things) hope is in the honourable the Com<g ref="char:EOLhyphen"/>mittee of this preſent Parliament for conſideration of the Pro<g ref="char:EOLhyphen"/>ceedings in the Law, &amp;c. to perfect (after ſerious conſiderati<g ref="char:EOLhyphen"/>on and mature Deliberation had of things propoſed in their Judgement neceſſary to be Enacted) before they preſent the ſame (with their many good things which (as is ſaid) they have in readineſs) to the Supreme Authority of this Nation, the Parliament of <hi>England</hi> (being few things new invented can be perfect at the firſt) that the ſame may remain as a Me<g ref="char:EOLhyphen"/>morial untill the coming of our Saviour Chriſt in Glory.</p>
            <p>And that as this Nation hath been honoured with the firſt Chriſtian King &amp; Emperour in the World, ſo it may with the true and pureſt Reformation of Chriſtian Religion, and moſt quiet Government.</p>
         </div>
         <div type="tract">
            <pb n="23" facs="tcp:166500:14"/>
            <head>A ſhort Tract of TITHES, To whom Due, &amp;c<g ref="char:punc">▪</g>
            </head>
            <p>IN the Infancy of the Church after the Paſſion of our Savi<g ref="char:EOLhyphen"/>our, till about the end of the lives of the Diſciples and A<g ref="char:EOLhyphen"/>poſtles, all things were common among ſome<note n="*" place="margin">But that was onely voluntary in times of great Tri<g ref="char:EOLhyphen"/>bulation of Chriſtians, when they cloſe adhered to the Apoſtles for advice and protection, and there is no Command for the continuance thereof, neither ought the ſame to be drawn into Example for any ſuch purpoſe; ſince Chriſtians have had the Go<g ref="char:EOLhyphen"/>vernment among themſelves, and not under Heatheniſh Perſecution: yet ma<g ref="char:EOLhyphen"/>ny unſtable people in this Nation would have the ſame here put in practice, which convenient that thoſe, who affect ſuch practice, ſhould collect themſelves together, and repair to ſome unpeopled place fit for Plantation (of which there be ſufficient in Number, and Goodneſs of Soyl in many places, and to trie their Concluſions there, that People may ſee whether or not any good will come of ſuch doings) and not to trouble, and perplex, and put the Nation here into a confuſion; to which end, it is doubted many malevolent perſons to the People here have ſet di<g ref="char:EOLhyphen"/>vers giddy people at work, and thoſe malevolent perſons are thought moſt fit to be ſent, to or with ſuch giddy People, Ranters, or Lubber-Landers into their Settlement and Government in their new Utopia, or Lubber-Land. For there be too many here already who (ſome through envy, others by ſottiſhneſs) have ob<g ref="char:EOLhyphen"/>ſtructed the beſt Improvement of Lands and Grounds, by hindering neceſſary In<g ref="char:EOLhyphen"/>cloſure for that purpoſe; whereby in ſome Counties a third, in others a half part of the benefit of Lands hath been hindered, and fewer People maintained, to the great prejudice of many, and in ſome meaſure to ſuch envious and other Obſtru<g ref="char:EOLhyphen"/>ctors, which every Honeſt and Experienced man well knoweth, and others (who pleaſe) may well be informed of the Incoveniency thereof, by the Books concer<g ref="char:EOLhyphen"/>ning Husbandry writ by Mr. <hi>W. Blyth,</hi> and others before,</note> Chriſtians, And in thoſe times of the Infancie of the Church, had the
<pb n="34" facs="tcp:166500:15"/>Paſtors, Miniſters, Teachers, Preachers, and other Officers of the Church, and alſo the Poor of thoſe, as good allowance as in thoſe times could be afforded; and then no need was for the payment of any ſort of Tithes, where ſuch Uſage was. And in the firſt three Centuries next following no Tithes were paid, but the Paſtors, Teachers, Miniſters, and Poor, maintained by Voluntary Contribution, (which cannot be denied by any who have been in any conſiderable manner read in Eccleſiaſtical Hi<g ref="char:EOLhyphen"/>ſtory) nor by many for ſeverall Centuries after; Neither when ſuch who have conſented to the payment of the ſame, and they or others denied further to pay them; had they (who claimed them) any remedy for recovery or obtaining of the ſame, but only have frighted ſimple People with threars of the Curſe of Bell, Book and Candle, to pay Tithes; Nor ever had the Prieſts any ſtrong Obligation to bind any to ſuch payment to any parti<g ref="char:EOLhyphen"/>cular Prieſt, but that they might pay the ſame to any Prieſt; un<g ref="char:EOLhyphen"/>till the Pope and his Counſellors in the ſecond Counſel of <hi>Lateran</hi> (being in the time of the Reign of K. <hi>John</hi> of <hi>England</hi>) made a Decree for the paying Tithes to the parochial Prieſts. And yet many Portions of Tithes remained to be paid, and were paid by owners of Lands in ſome Peculiar places to Prieſts reſi<g ref="char:EOLhyphen"/>ding in other pariſhes, ſome of which remain to this day: And beſides, Tithes within this Nation have been poſſeſſed, given, ren<g ref="char:EOLhyphen"/>dred, and paid in various manner, as appeareth by the Hiſtory of<note n="*" place="margin">Poſſeſ<g ref="char:EOLhyphen"/>ſors, and Owners of Tithes in this Nation, were ſometimes the Kings or Princes here, at o<g ref="char:EOLhyphen"/>ther times the Arch-Biſhops in their Ju<g ref="char:EOLhyphen"/>riſdicti<g ref="char:EOLhyphen"/>ons, at o<g ref="char:EOLhyphen"/>ther times the Bi<g ref="char:EOLhyphen"/>ſhops all over their reſpective Dioceſſes, and theſe were out of thoſe Tithes to provide a competent Maintenance for every Parſon, or Incumbent, and to diſtribute the re<g ref="char:EOLhyphen"/>ſidue among the poor: And ſometimes the Lords of the Manners have held ſome of them in their hands, and have preſented fit Parſons, or Incumbents to Parſo<g ref="char:EOLhyphen"/>nages from time to time: And at other times ſome Owners of Lands have made ſome Tithes Fewdall or Infeodations by granting the ſame to other Lay-men: Or have given the ſame from time to time, into, or for Free-Almes or Frank-Al<g ref="char:EOLhyphen"/>moygne, or to or for Superſtitious uſes to pray for the ſouls of them, and ſometimes for their Parents, Children, or ſome of their kindred, and ſuch like Fopperies. And ſome have been ſo beſotted that they have granted ſome Tithes to Monaſteries in one Nation iſſuing out of Lands in another; but none ſuch can be found to be paid out of any Lands in this Nation to any Monaſteries in any other, nor any, or but few Fewdall or Infeodated Tithes can be found here. See the Hiſtory of Tithes, and Review thereof, written by Mr. <hi>John Selden.</hi>
               </note> Tithes, againſt which much hath been written. And al<g ref="char:EOLhyphen"/>though
<pb n="25" facs="tcp:166500:15"/>nothing be urged in that Hiſtory againſt the <hi>Divine Right</hi> of giving, rendring, or paying Tithes any other ways, but only a Commemoration how, to whom, and to what uſes they have been ſo given, rendered, or paid from time to time, in the ſeverall Ages, Nations, and Places therein mentioned; by<note n="*" place="margin">
                  <hi>Sir</hi> Fa. Sempell, <hi>Dr.</hi> Ti<gap reason="illegible" extent="1 letter">
                     <desc>•</desc>
                  </gap>ſl<gap reason="illegible" extent="1 letter">
                     <desc>•</desc>
                  </gap>y Ri. Moun<g ref="char:EOLhyphen"/>tagu.</note> which any man may ground his Opinion of the juſtneſſe of paying Tith to any, or for any uſe, as it ſhall pleaſe God to enlighten him in his Judgement; yet * divers have written for the pay<g ref="char:EOLhyphen"/>ment of the ſame to be due by <hi>Divine Right;</hi> And many ſmall Tracts have been written for the payment of the ſame to Impro<g ref="char:EOLhyphen"/>priators, as conſcientious,<note n="*" place="margin">See ſome of the ſmall Pamphlets, which within theſe 7 or 8 years have been ſcatte<g ref="char:EOLhyphen"/>red abroad: how ſome in a barking, and others in a whining way have written for the ſame, and thereby run into Non-ſence, and loſt themſelves in the Briers and Brambles of Inconveniencies.</note> al<g ref="char:EOLhyphen"/>though the ſame hath been found quite contrary to all Reaſon, and Conſcience. And in the judgements of moſt ho<g ref="char:EOLhyphen"/>neſt men, againſt, or for the damning of which payment to Impropriators, or any other beſides the Clergie, a Prieſt (who hath written againſt that Hiſtory hath much laboured,<note n="*" place="margin">And bar<g ref="char:EOLhyphen"/>ked low<g ref="char:EOLhyphen"/>deſt to cry it down, uſing very many vain words and expreſſions to diſparage the ſame Hiſto<g ref="char:EOLhyphen"/>ry, by reaſon of the favour which he expected of one, bearing his name, then in high place, whom he boaſted to be of very noble Birth, and of great Learning and Religion, but whether or not the laſt be true, hath appeared by the works or deeds of his bragged of name-ſake, whoſe Learning alſo (in any thing, but onely for unlawfull gains in cauſes which have come before him) hath been much ſuſpected; by his gaining of which, many have been much damnified; for whom it is hoped ſatisfaction ſhall be had out of his ill-gotten Eſtate which he had; and as for all that which in his name is publiſhed in print, concerning any goodnes, it is thought to be done by others, (at his requeſt) or ſtollen, or borrowed from others; the expreſſions therein being contrary to his Actions; but by thoſe means that Prieſt was exalted into a Biſhoprick, though he run into, and loſt himſelf in a Labyrinth, in his gyddie writing concerning the Duty of paying of Tith by Di<g ref="char:EOLhyphen"/>vine Right: which (in the opinions of conſcientious and Judicious men) hath not at all diminiſhed, but fortified the worth of that Hiſtory to remain as a Memo<g ref="char:EOLhyphen"/>riall for the honeſt people of this Nation, to learn how to know from time to time the antient Manners of Tithing, and Maintenance of the Miniſters and Poor; which Hiſtory for the benefit of this Nation (being it could not be collected with<g ref="char:EOLhyphen"/>out great trouble, ſtudy, labour, and pains, and much charges) is thought by the honeſt and judicious people of this Nation) who have read or been informed of the contents thereof) convenient to be preſerved. See that Hiſtory and the <hi>Diatrib<gap reason="illegible" extent="1 letter">
                        <desc>•</desc>
                     </gap>
                  </hi> againſt it.</note> and
<pb n="26" facs="tcp:166500:16"/>ſhewed many ſtrong Reaſons againſt the payment of Tith to Im<g ref="char:EOLhyphen"/>propriators; and hath, as other Divines beſides have, branded the Exactors thereof as Sacrilegious, and Church Robbers; ſo that upon the whole matter it appeareth, that he who had, or held Tithes, was bounden to, as a duty to have, or procure to be had the Care of Souls, and relieve the poor, or one of them, according to the worth of ſuch Tith, which was as an Office; the non uſing or miſuſing of Offices according to Truſt, having been always accounted and have been adjudged forfeiture there<g ref="char:EOLhyphen"/>of, and agreeable to Right reaſon; therefore if ſuch Miſuſer, Non-uſer, or Diſ-uſer happen, may not every owner of Lands keep the Tithes thereof in his own hands to pay for his inſtruction in his Souls health, and of his Family, and to plead the matter thereof in Bar, or give the ſame in Evidence againſt any who ſhall ſue or proſecute for Tith, or not perform; or procure ſome other to perform ſuch duty? And why ſhould not ſuch Plea, or Matter to be given in Evidence be allowed for a per<g ref="char:EOLhyphen"/>petuall bar againſt the payment of Tithes in ſuch Cafe?</p>
            <p>And yet ſuch undeſerving Tith-takers, or Patrons, or Diſpoſers of them, moſt commonly have kept or maintained Dove-houſes or Pidgeon-houſes; and with their Pidgeons there<g ref="char:EOLhyphen"/>in devoured much of the Corn of their Pariſhioners, and for<g ref="char:EOLhyphen"/>merly did very much labour to debar all others beſides them<g ref="char:EOLhyphen"/>ſelves from having any ſuch Dove-houſes or Pidgeon-houſes, untill above twenty years ſince, the matter concerning the ſame upon ſolemn debate was adjudged, That any Freeholder might have and maintain Dove-houſes or Pidgeon-houſes as well as ſuch Tith-takers, or Diſpoſers, or Patrons of them, ſince which time Pidgeons (being greater devourers of Corn than any ſort of Vermin, eſpecially of Wheat and white Peaſe) have not only devoured much Corn, but ſpoyled much more in bearing and beating the ſame down<note n="*" place="margin">To the de<g ref="char:EOLhyphen"/>ſtruction thereof, and moreover the Prieſts have been the chief obſtructors of improve<g ref="char:EOLhyphen"/>ment of Lands in commencing and threat<g ref="char:EOLhyphen"/>ning charge<g ref="char:EOLhyphen"/>able and troubleſome futes againſt poor labori<g ref="char:EOLhyphen"/>ous men, and they cauſing them to Plough er<g ref="char:EOLhyphen"/>rable Lands ſo long, and put the ſame out of heart, that after the Tith ex<g ref="char:EOLhyphen"/>acted out of them, ſuch poor labou<g ref="char:EOLhyphen"/>rers have not had in<g ref="char:EOLhyphen"/>creaſe an<g ref="char:EOLhyphen"/>ſwerable to their labour and ſeed, though they have paid no Rent for their Lands, and at other times they have not had their ſeed again, and by ſuch means many poor undone, and much Land ſpoyled for many years together, to ſatisfie the gree<g ref="char:EOLhyphen"/>dy appetite of ſuch Tith-takers, and thereby many people conſtrained to work ſo hard for a poor living, that they ſcarce have had any time to eat, drink, or ſleep at quiet, or had any time for devotion, but have fretted themſelves to meagerneſſe, curſing and banning not only their poor Cattell, but alſo their dead Ploughs. Harrows and Carts, divers of whom hath con<g ref="char:EOLhyphen"/>tinued ſo to their ends, and died in a doubtfull condition of their ſaltation, after by ſottiſhneſſe they have wrought out of heart and ſpoyled much Land for many years.</note>; And after the Prieſts or Monaches
<pb n="27" facs="tcp:166500:16"/>had by craft and ſubtilty (among their great poſſeſſions) crept into very many of the beſt Lordſhips and Mannors, the antient Lords whereof formerly (before ſuch Monches got in) have pre<g ref="char:EOLhyphen"/>ſented and procured to be put into <hi>Benefices, Teachers and Preachers of the Chriſtian Religion, Devout, and very good Pa<g ref="char:EOLhyphen"/>ſtors,</hi> Honeſt, Able, and Conſcientious Chriſtians to teach the people (as the dark times then could afford) but after the Abbey-lubbers had gotten into thoſe poſſeſſions they ſtarved the ignorant people for want of ſpirituall food, only putting in a poor Sir <hi>John</hi> the Prieſt to ſay Maſſe at ſuch Pariſh for a ſmall Salary of 20 Nobles a year, and ſometimes leſſe, and to Riddle up the ſame in the Latin Language by Rote, which nei<g ref="char:EOLhyphen"/>ther he nor his Auditors or Spectators did or could underſtand, only about three or four times in a year, ſuch Monaches have ſent out a <hi>Franciſcan</hi> or <hi>Dominican</hi> to Preach the Common-people into the beſotted imaginary opinion of Purgatory, and duty of paying of Tith, and ſuch like errors, and obedience of their Papall Doctrine, for increaſe of the Riches of the Clergy, with a direfull Curſe denounced againſt them which ſhould not obey them, of Hell and Damnation. But as for the Tithes of e<g ref="char:EOLhyphen"/>very Pariſh ſo gained into their Clutches or Tallons (being of great value) they took to their own uſes and appropriated the ſame to their Denns of<note n="*" place="margin">Although at the firſt gaining of ſuch they were charitable to the Poor of the Pariſh of which they had ſo appro<g ref="char:EOLhyphen"/>priated the Tith, but when they began to be lazie and idle, their Charity waxed ſo cold, that they neglected the Needy, and entertained out of their abundance the Rich to gain their favour, <hi>ſometimes</hi> by feaſting them in a Gluttonous manner.</note> Idleneſſe, to feed them fat for the ſlaughter of the Devill.</p>
            <p>And ſo were ſuch Tithes ſtollen by ſuch Abby-lubbers from the true Labourers in the Harveſt of the Converſion of ſinners, and Inſtructing them in Righteouſneſſe, and annexed to their ſtately Palaces for maintenance of their Pride and Luſt, in the height of which, by the juſt Iudgement of God they fell and were diſſolved; And after that King <hi>Henry</hi> the eighth had taken the Abbeys and other Monaſteries into his hands, the ſame and Tithes ſo Appropriated were by him, ſome parcels, and
<pb n="28" facs="tcp:166500:17"/>the reſidue otherwiſe, given, and ſome ſold to, and exchan<g ref="char:EOLhyphen"/>ged with Corporations or Colleges, Lords, Great men, and o<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>hers, at as low rates as Thieves ſtollen goods uſe to be ſold for, in reſpect of what was p<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>id or exchanged for them, and after the Tithes ſo appropriated, or annexed have been ſo given, ſold, exchanged, or bartered away, the ſame have been, and yet are called from the Names of Appropriations, Impropriations, and have been departed with from time to time, far more often than any Mannor, Meſſuage, Lands, and Tenements, for very little, (regarding what other Lands and Tenements have gon for for many years) and never were Rated in value of Purchaſe near to the Price of other Lands, and rare it hath been for an eminent Lawyer to purchaſe Tithe. And they who have held any of ſuch Tithes long, have ſeldome proſpered, but moſt commonly betook themſelves to Idleneſſe and Luſt; and the holding of the ſame hath been as it were a ruſt or Cancker, in cauſing of divers (who have had other gre<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>t poſſeſſions) although ſome of them at their firſt poſſeſſing of the ſame (they allways entring upon them as good bargains) have been Charitable, but (as before is mentioned, for the moſt part) have ſoon left off Charity, to Negligence, Gluttony, Drunkeneſſe and other Wickedneſſe) to waſt and conſume all or a great part thereof; and in ſome Corporations or Colle<g ref="char:EOLhyphen"/>ges, and ſuch like places, (with which ſome of the ſame have been held) thoſe perſons therein Living upon the ſame, thereby have been ſo full fed, that they have betook themſelves to Idle<g ref="char:EOLhyphen"/>neſſe and laſciviouſneſſe, and in ſome of them to the moſt Abo<g ref="char:EOLhyphen"/>minable, Odious, Beaſtly, Unnaturall and Curſed ſinne of <hi>Sodom</hi>
               <note n="*" place="margin">An ex<g ref="char:EOLhyphen"/>ample for this of ma<g ref="char:EOLhyphen"/>ny in E<g ref="char:EOLhyphen"/>minent Colleges, now for<g ref="char:EOLhyphen"/>born to be named.</note> And yet, ſome have deſired the continuance of the ſame, as the moſt equall way for the Comfortable Maintenance of a Godly and conſcientious Miniſtry, although it hath appea<g ref="char:EOLhyphen"/>red that the ſame hath gone to the Maintenance of Catterpillers and Locuſts, as bad as the Abbey-lubbers or Drones before men<g ref="char:EOLhyphen"/>tioned; and the Poor Vicars (divers of whom have been very honeſt, and written, and publiſhed pious and learned Books, and took moſt pains in the Goſpel,) lived very poorly, and ſome of them in great want, notwithſtanding all their care taken for
<pb n="29" facs="tcp:166500:17"/>the feeding of their Flocks, when ſuch Locuſts and Catterpil<g ref="char:EOLhyphen"/>lers have out of their fat Benefices betook themſelves principally to Drunkenneſſe, Beaſtlineſs, Sottiſhneſſe, and Idleneſſe, and yet Domineered, and Tyranized over ſuch poor Vicars, having been as diligent as Saint <hi>Cyprian,</hi> and other antient Fathers of the Church, (who lived in Poor, Wattled Cottages, and fed ſometimes only upon Pulſe) before Poyſon was put into the Church by large allowances, which began to multiply (together with Pontificall Titles) about the time of <hi>Phocas</hi> the Adulterer and Uſurper (who Murdered his Maſter <hi>Mauritius</hi> the Em<g ref="char:EOLhyphen"/>peror, his Empreſſe, and Children, and by the help of <hi>Bo<g ref="char:EOLhyphen"/>niface</hi> the third, then Biſhop of <hi>Rome,</hi> in gratifying him as a Pontifex, Univerſall Chief Biſhop, ſupreme above all other, e<g ref="char:EOLhyphen"/>quall with <hi>Rome</hi> before, and generally the whole Clergy with large allowances) obtained the Empire, and reigned like a Mur<g ref="char:EOLhyphen"/>derer, as did his Succeſſors after him (by one of whom himſelf, his Wife and Children were ſlain) untill by the Popes they were outwitted, and Outed of their Regal Power in <hi>Rome,</hi> who af<g ref="char:EOLhyphen"/>ter did the like or worſe (uſing not only all fraudulent dea<g ref="char:EOLhyphen"/>ling, but <hi>Sodomy</hi> and Sorcery) and by thoſe means about the ſame time did Tithes generally begin to be paid, but not to the Parochiall Prieſts, untill the time of King <hi>John</hi> before mentio<g ref="char:EOLhyphen"/>ned, (being hundreds of years after) which have continued ſo long in ſuch manner, that ſome (not very knowing, we will not ſay altogether ignorant) have Idolized the ſame ſo far that they have cryed them up to be due (by <hi>Divine Right</hi>) and admitted of the claim of them from the Levites, among whoſe Tribe out of thoſe, beſides Prieſts, as Namely the holy Butchers for killing and dreſſing of the Sacrifice fit for the Altar, the holy Wood mongers for proviſion of Wood about the ſame, and the holy Porters for bearing the Arke, for none other but men then being or accounted holy might meddle with ſuch things, beſides others which in the written word of God, any (who have read and deſire the underſtanding of the ſame) may with eaſe un<g ref="char:EOLhyphen"/>derſtand; for the maintenance of which there is no warrant; for there was a particular command from God for payment of Tith to that Tribe, and none for the payment of any ſuch thing
<pb n="30" facs="tcp:166500:18"/>to any ſince; and by what right any one can claim the ſame, they ſeek far to find it to be due by <hi>Divine Right,</hi> and others have been ſo ſimple, as to derive the payment of the ſame from the payment of Tithes by <hi>Abraham</hi> to <hi>Melchiſedeck,</hi> which can be made appear or thought none other than a voluntary gift, to one that in thoſe times ſome wayes (though not revealed) had a right to, or deſerved the ſame for ſome good deed done; and it cannot be imagined any other, than that the ſame, if not ſo given, was only a Gratuity or deed of Charity by our Father <hi>Abraham,</hi> or that he had a ſecret command from the Almigh<g ref="char:EOLhyphen"/>ty for rendering the ſame as to the Prieſt of the moſt high God: but cannot with Equity or any ſolid Iudgment be drawn into ex<g ref="char:EOLhyphen"/>ample to be paid to Drones, or Locuſts, in theſe times of their permiſſion in ſeverall places. And for mainteinance of the ſame, divers (when they have been convinced in the by-gone things before mentioned) have been of ſuch affectionate Opini<g ref="char:EOLhyphen"/>on, or ſo ſeemed, or made ſhew, as to ſay and divulge, that although the ſame ſhould be taken from errable Lands, and ſuch like places, where much labour and travell hath been in Plow<g ref="char:EOLhyphen"/>ing, Sowing, Manuring, and buying of Compoſt or Manure, and Rent, and otherways, and conſideration had of their one only conſiderable Crop in 3 years, (againſt exacting of Tithes, out of which divers have complained and Petitioned) yet would not that be beneficiall to any poor Countrymen (who have ta<g ref="char:EOLhyphen"/>ken or ſhall take ſuch Labour, Travell, and Pains, and be at ſuch Charges) but that only the benefit would redound to the Purchaſers and Landlords, in the riſe and improvement of Rents or otherways, which every conſcientious &amp; judicious man know<g ref="char:EOLhyphen"/>eth to be otherwiſe) for can any man imagin that ſuch Heathe<g ref="char:EOLhyphen"/>niſme is intended, or any other thing, but that there ſhall be a Competent Maintenance for a Godly and Conſcientious Mi<g ref="char:EOLhyphen"/>niſtry, and is not that moſt convenient to be impoſed upon ſuch things which uſe to be Tithable? and what cauſe then can there be of increaſe of Rents? but that ſomething (accounting one thing with the other equivalent to Tithes) ſhould goe out of the ſame and otherwiſe for good purpoſes, and not for the maintenance of Locuſts and Catterpillers; for if the people
<pb n="31" facs="tcp:166500:18"/>and their Children ſhould depend only for their Teaching and Inſtructing upon ſuch Tith-takers, as for the moſt part have been, (they having been accompted the moſt vitious of any ſort of men, according to the reſpective Numbers) they may be as ignorant as any Heathens for ought any of them have had or could have of ſuch Locuſts or Catterpillers, for ſuch (as have been intent and deſirous to be inſtructed in true Holineſſe and Righteouſneſſe, and have thirſted after the way of Salvation) have been conſtrained (according to their reſpective Abilities) to contribute towards Maintenance of Godly, Conſcientious, and ſincere men, Learned in the Written Word of God, to in<g ref="char:EOLhyphen"/>ſtruct them in that way, and thoſe who have received Tithes have not benefitted them at all, but have waſted, conſumed, and imployed the ſame in ſuch courſes above mentioned, which they have practiſed and miſpent the ſame, as bad as the Heathe<g ref="char:EOLhyphen"/>niſh Prieſts (who before received Tithes) and ſacrificed to Devills, Idolls, and Oracles.<note n="*" place="margin">See the Hiſtory before mentio<g ref="char:EOLhyphen"/>ned.</note>
            </p>
            <p>And further, as for the loſſe of Such who may be damnifi<g ref="char:EOLhyphen"/>ed by the taking away of Tithes, that is like to be the loſſe for the moſt part of ſuch, by whom and their Anceſtors they have been long enjoyed, and therefore ſuch in Equity ought to ex<g ref="char:EOLhyphen"/>pect little or nothing for forgoing the ſame, in reſpect of the low Rates which they have paid for them at the firſt, regard being had to the great profit which they have received by the ſame, far beyond the profits of any other Lands purchaſed; and if any who have purchaſed the ſame, ſince the written word of God hath ſhined in a more bright manner to us, than in other former dark times of ignorance, they deſerve to bear the loſſe in forgoing thereof, for not endeavouring the knowledge of the Scripture, and thereby by what Right any Tith can be claimed, the loſſe of which may more benefit thoſe as now hold the ſame, or that hereafter ſhall purchaſe any of them, for their Souls health (in ſearching the Scripture concerning the ſame) and ſo to be brought to true Chriſtianity, in the reading the written Word of God with ſerious deliberation, than the loſſe which they ſhall receive in departing with ſuch Tithes; for how can they think that in Law or Conſcience they may expect the ſame,
<pb n="32" facs="tcp:166500:19"/>when they cannot find them to be due by <hi>Divine Right,</hi> but crept into as aforeſaid, by Craſt, Subtilty, and Deceipt? And how may Tithes be required, ſeeing their foundati<g ref="char:EOLhyphen"/>on is ſo ſandy, as before is mentioned, if the ſame were put upon ſolemn Debate, by Argument of Learned and Conſci<g ref="char:EOLhyphen"/>entious Counſell, and Mature deliberation thereupon had is a great queſtion; and thought by many that their founda<g ref="char:EOLhyphen"/>tion would ſink or ſlide away (the ſame to this day never ha<g ref="char:EOLhyphen"/>ving been tryed by ſuch a touchſtone) but as is thought our Anceſtors (coming out of the dark Clouds of Anti-chriſt, and but newly peeping into the light) could not conveniently on a ſudden conſider of another way more equall and conve<g ref="char:EOLhyphen"/>nient, for the maintenance of a Godly Miniſtry to be ſetled on, and ſatisfied to them without care or trouble of Collecti<g ref="char:EOLhyphen"/>ons, or tedious Sutes to obtain the ſame? for ſince thoſe times the Miniſtry hath for a great part happened to be of ſuch Drones, Locuſts, or Catterpillers, who for getting in of Tithes have Commenſed, Proſecuted, and Stirred up much trouble, and many Chargeable and Tedious Sutes, and di<g ref="char:EOLhyphen"/>vers of them very Unjuſt (whereby many poor honeſt peo<g ref="char:EOLhyphen"/>ple have been undone) and neglected their duties and Cal<g ref="char:EOLhyphen"/>lings; which Miſchiefs and Inconveniences would be preven<g ref="char:EOLhyphen"/>ted if every one reſpectively (according to his Ability) may be taxed to the Competent Maintenance (regarding deſert) of Paſtors, and Teachers, that the greateſt burthen may not lye upon the Poorer or Meaner ſort, and the Uſurer, or Rich bear a Feather, reſpecting the Weighty burthen lying upon thoſe, comparing their Eſtates together, all which would be remedied, if all perſons ſhould be taxed equally and reſpectively for ſuch Maintenance, as for other things, and that if ſuch Maintenance ſhould be competent, and according to the deſerts of ſuch Paſtors, Miniſters, or Teachers, then would their Congregations be better Taught, and lead out of Blindneſſe, Ignorance, Hereſie, and Heatheniſm. And as for Cuſtom, by which ſome Challenge Tithes to be due, how can that ſtand? And if the Originall thereof be ſearched
<pb n="33" facs="tcp:166500:19"/>into, may it not be found by Record when the ſame began<note n="*" place="margin">See the Hiſtory firſt men<g ref="char:EOLhyphen"/>tioned, and Sr. <hi>E. Cook</hi> his Comenta<g ref="char:EOLhyphen"/>ries.</note>, and then there it may be found how ſlender the ground there<g ref="char:EOLhyphen"/>of is; and beſides, if the contrary thereof could not be found, be<g ref="char:EOLhyphen"/>ing the Cuſtom (as to thoſe of ſuch ill lives and converſation, before mentioned, who have had an exacted the ſame) is diſſenting from the Word of God; and ſo conſequently not good therefore in Law, Right, Reaſon, and Conſcience to be aboliſhed; and why may not Purchaſers of Lands hold the ſame without paying Tith with a ſafe Conſcience, though great benefit accrew thereby, in reſpect that then (no doubt) it will be provided, that every one ſhould be taxed equally, to the Maintenance of a Godly and Conſcientious Miniſtry of Paſtors and Teachers, and they truely to be ſatisfied the ſame without trouble, or ſubſtraction, as hath been too often uſed by many Haetheniſh, Hypocriticall, and Atheiſticall people from many Vicars, by craft and ſubtlety, by putting them upon, and leaving them to ſtuntling, or Starveling Calves, Lambs, and Piggs, addle Eggs, and Worm-eaten, and Waſp-eaten, rotten Windfalls or other fallings of Apples, and ſuch like Traſh? and thoſe Heatheniſh, Hypocritical, and Atheiſtical Subſtractors have took no regard of the fearful end of <hi>Ananias</hi> and <hi>Saphira.</hi>
            </p>
            <p>And alſo in regard ſuch Purchace may on a ſudden by Fire, Inundation, or otherwiſe be ruined or waſted by accident, or the Purchaſers thereof cheated in a Crackt Title, by rea<g ref="char:EOLhyphen"/>ſon of former Dormant Sales, or otherwiſe, or after by Ene<g ref="char:EOLhyphen"/>mies, Thieves, Woolves, Foxes, Weeſels, Polecats, Rats, or Mice, &amp;c. entred upon, and haunted, and great ſpoil by them made there, before the Purchaſers can thence rid the ſame, of all which the Purchaſers muſt bear the loſſe, and why not the benefit of Improvement or other beneficiall Con<g ref="char:EOLhyphen"/>tingencies after the riddance of thoſe, and all manner of other Vermin from the ſame?</p>
            <p>But it is to be doubted, that many great men of Wealth, or otherwiſe of Power and Subtelty have been, and are the greateſt Sticklers in upholding the exactions of Tithes, by rea<g ref="char:EOLhyphen"/>ſon they have graſped great Poſſeſſions and Inheritances, and
<pb n="34" facs="tcp:166500:20"/>Leaſes of Impropriations into their hands, and therefore much argued and diſcourſed for, and made great means about up<g ref="char:EOLhyphen"/>holding the ſame, and cauſed others ignorant to be beguiled into obedience, and divers ſimple to be of opinion of the du<g ref="char:EOLhyphen"/>ty thereof by <hi>Divine Right:</hi> And ſuch have been the Obſtru<g ref="char:EOLhyphen"/>ctors of ridding this Common-weal of the moſt ſubtle of thoſe Vermin. <hi>[*The before mentioned Tith-takers.]</hi> And that hath been the occaſion of depraved Lords of Mannors (wan<g ref="char:EOLhyphen"/>ting the true knowledge and power of Godlineſſe) for ſe<g ref="char:EOLhyphen"/>cret Rewards (or, as they may be more fitly be called Symo<g ref="char:EOLhyphen"/>ny or Bribes) for the moſt part to preſent and procure into Benefices ignorant Parſons, of bad life and converſation, who have entred into the ſame by Perjury or falſe Oathes, and lived in the ſame for many years together, and the Inhabi<g ref="char:EOLhyphen"/>tants of the Pariſh received no benefit, but miſchief by them, in keeping them in Ignorance, &amp; preaching falſe Doctrine and Hereſie; and rayling and ſcoulding (thoſe ſeldom times they have prated in the Pulpit) and giving evill example by their Curſing and Swearing, and Whoredom, Gluttony, or Drunkenneſſe, undoing ſome of their Neighbours by unjuſt Sutes, and vexing others of them, ſometimes for ſubſtracti<g ref="char:EOLhyphen"/>on, or ſuppoſall of withholding of very ſmall things, as with the not rendering of two Eggs, or ſuch like, or other Trifles, whereby ſuch as have been no better taught and inſtructed; than by ſuch like Parſons, have been no better than meer In<g ref="char:EOLhyphen"/>fidells: And many ſuch Bribing, and Symonizing, and Per<g ref="char:EOLhyphen"/>jured, or Forſworn Parſons, (who have been Avaritious and Ambitious) from time to time have gotten to be Doctors, Deans, &amp;c. and into places of great profit, and by that means ſoared to a Biſhop, and ſometimes higher, and by thoſe means gained power, that none ſhould Preach, but by their permiſſion, and alſo be derived from them as they them<g ref="char:EOLhyphen"/>ſelves from Age to Age, one of them from another, which they can draw from none but the Pope in the Originall, to go on ſucceſſively as they claim their call; and that can be pro<g ref="char:EOLhyphen"/>ved only as well as the Pope is Supreme of the Church, or that he is the ſucceſſor of <hi>Peter,</hi> or that he was ever at <hi>Rome;</hi> Or
<pb n="35" facs="tcp:166500:20"/>whether <hi>Lynus</hi> or <hi>Clement</hi> was his immediate ſucceſſor, or <hi>Cletus</hi> or <hi>Anacletus</hi> or one of them, about which much Debate hath been between the Papalls (among whom the claim of Tithes were firſt hatched, as they of late have been paid. And ſuch Bribing and Symonizing Parſons as before mentioned, with their Aſſociats and Adherents, had gained ſuch power (which they had an endeavour to continue) that the people (by them<g ref="char:EOLhyphen"/>ſelves or their Repreſentatives) ſhould have no Election of Paſtors, Miniſters, or Teachers, but what ſhould be impo<g ref="char:EOLhyphen"/>ſed by them, and went about to prove it to be due to them by <hi>Divine Right,</hi> and to none other: which they can, or did as well prove as the ſucceſſion of the Pope from <hi>Peter,</hi> or they theirs from the Pope, whoſe Authority, (as appeareth by Record in the Tower) was from hence baniſhed in the time of K. <hi>E.</hi> 3. therefore let thoſe who can, ſhew when the ſame was brought hither ſince; the ſuperiors of whom notwithſtan<g ref="char:EOLhyphen"/>ding have aſſay'd utterly to keep the poor People in Ignorance, and to debar them from having any hand in Election of any whom they ſhould be conſtrained to maitain for their ſpiritu<g ref="char:EOLhyphen"/>all Inſtruction, but to aſſeſſe ſuch upon them (whom they ſhould be compelled to maintain, or pay Tithes to) who neither ſhould or could any more benefit them than Monopolizing Counſellors, or Advocates, or Attorneys, or Proctors<note n="*" place="margin">Which go for, and be but Servants to their Clients, and yet have been in Chan<g ref="char:EOLhyphen"/>cery, Ci<g ref="char:EOLhyphen"/>vill Cer<g ref="char:EOLhyphen"/>poration, and ſuch-like Courts by the chief Monopo<g ref="char:EOLhyphen"/>lizers there aſ<g ref="char:EOLhyphen"/>ſeſſed or impoſed upon Clients, and they conſtrai<g ref="char:EOLhyphen"/>ned to pay them Fees and other great Re<g ref="char:EOLhyphen"/>wards or Bribes, or to ſit ſtill and loſe the bene<g ref="char:EOLhyphen"/>fit of their Suces, Moneys, and Demands to great value, whereby many have been undone, and divers much impoveriſhed.</note>, their Clients: which courſes have proved Miſchievous to many, and is accompted no better, then if a Servant ſhould be impoſed or aſſeſſed upon a Maſter to keep, and pay wages unto, although he ſhould know that ſuch Servant could, or would doe unto ſuch his Maſter little or no ſervice, but to be vehemently ſuſpe<g ref="char:EOLhyphen"/>cted to cut his Throat, or doe him other miſchief, when he could have an opportunity for that purpoſe, and ſuch Maſter to be conſtrained to a continuall Vigilancy (for the prevention thereof) and not only to pay, but pray, ſcrape leggs, and ſtand Cap in Hand to his Servant, to have his buſineſſe done, or to have the ſame left undone, and thereby the Maſter utterly ruined.</p>
            <pb n="36" facs="tcp:166500:21"/>
            <p>
               <hi>To the end therefore that Learning may be preſerved for the neceſſary Quiet of this Nation, and that Tithes (being accounted the moſt unequal way for maintenance of the Miniſtry, the greateſt part thereof having been ta<g ref="char:EOLhyphen"/>ken by Undeſervers, and the ſame falling most heavy up<g ref="char:EOLhyphen"/>on the poor, honeſt, painfull Husbandman, many times happening to ſweep away a third part, and ſometimes more of the Fruit of his Labour, and divers times All, and ſometimes more than All, out of his errable Land) may be taken away and aboliſhed.</hi>
            </p>
            <list>
               <item>1 It is wiſhed that a Law might be made, that hereafter no Tithes may be exacted, or received by a<g ref="char:EOLhyphen"/>ny; but that all people may be quiet and freed from giving, rendering, or paying, any manner of Tithes from henceforth.</item>
               <item>2 And that all perſons may be taxed in every Pariſh equally, according to their reſpective Eſtates, for the Maintenance of a Godly, Solid, and Conſcientious Miniſtry.</item>
               <item>3 And that ſuch Maintenance may be competent <note n="*" place="margin">It is thought 100 li. by the year to be lit<g ref="char:EOLhyphen"/>tle e<g ref="char:EOLhyphen"/>nough for the meaneſt Miniſter; and 300 or 400 li. a year for Proviſion of Books, and other Neceſſaries for Such as ſhall be to ſtudy in Controverſies, or Diſputati<g ref="char:EOLhyphen"/>ons; or to argue, or diſpute for the Maintenance of the true Chriſtian Religion in this Nation againſt the Oppoſers thereof.</note> for every Miniſter of every reſpective Pariſh, and Place thereunto to be annexed (for ſmall Pariſhes) accor<g ref="char:EOLhyphen"/>ding to the Number of People there.</item>
               <item>4 And that ſuch Tax may be in like manner as for the Poor, and the ſame Remedy for it by diſtreſſe and Sale thereof, impriſonment of the Body, and all other means, and that the money thereby received may be rendred unto him without trouble or
<pb n="37" facs="tcp:166500:21"/>charge; or himdering him from his Study and Care.</item>
            </list>
            <p>So that every Miniſter may with willingneſſe, cheerfulneſſe, joy, and delight, attend, as neceſ<g ref="char:EOLhyphen"/>ſity or occaſion happens, to go from Houſe to Houſe to viſit, inſtruct, and comfort, the Sick and Weak, and to follow the reſidue of his Calling in Preaching to, Inſtructing, and Teaching his Pariſhioners to re<g ref="char:EOLhyphen"/>pent of and avoid (according to their beſt endea<g ref="char:EOLhyphen"/>vours) all manner of wickedneſſe, with Courage, that the Power of Godlineſſe may take Root in, and work upon them; and they not delude or ſolace them<g ref="char:EOLhyphen"/>ſelves in vain terreſtiall Riches<note n="*" place="margin">Injuri<g ref="char:EOLhyphen"/>ouſly by forged or feigned Cavillations, without deſert, exacted out of the Eſtates of the Poor, and Others, in which they cannot have any true or reall Joy or Comfort, or their Children after them in this life; but the ſame will rather be a Means to draw them into Wickedneſſe, and therein moſt commonly depart this Life in a doubt<g ref="char:EOLhyphen"/>full Condition; And divers of themſelves (which make wealth their God, though ſome of them may conceal it from Publique view by their Hypocriſie) be in as miſerable Condition as <hi>Francis Spira,</hi> of whoſe fearfull End any (who deſire) may be fully informed by Learned and Godly Divines: The ſin of Avarice being the moſt difficult to be repented of, and rarely atteined to; in the repentance of all other Sins <hi>Spira</hi> went far: but although he made large acknowledgment of all his evill-gotten Goods, yet could neither he, nor many more abate or dimi<g ref="char:EOLhyphen"/>niſh from the Camel of Avarice, and creep through the Ey of the Needle of Reſtitution, as far as Abilitie of knowing, fraudulent gained Eſtates to the true Owners, (without which thoſe Divines can more fully relate the Judgement of the antient Orthodox Fathers of the Church, as of their own, of the falling ſhort of unfeigned Repentance, none other being effectuall) and thereby be contented with their well-gotten Goods (wherewith God will furniſh thoſe that truſt in him, and obſerve his Commandements, for ſufficient and competent Main<g ref="char:EOLhyphen"/>tenance) and then they ſhall be in Heart rich enough, and better ſatisfied in their minds, than thoſe that gain Riches in any unconſcionable way (to work themſelves into terrene Wonder, Admiration, or Vain Glory) of whom none other can be imagined but Atheiſm, whatſoever their outward / profeſſion be.</note>, Honour, or Great<g ref="char:EOLhyphen"/>neſſe, as a King in a Comedy, or as the great Heatheniſh Kings and Emperors, with their
<pb n="38" facs="tcp:166500:22"/>
               <note n="*" place="margin">
                  <hi>Nimrod, Ninus, Craeſus, Alexander</hi> the Great, <hi>Julius Caeſar,</hi> &amp;c. in their Magnificence and Wealth, and eſpecially <hi>Craeſus</hi> in his ineſtimable Wealth horded up, and <hi>Caeſar</hi> in his invaluable Treaſure, (enough to purchaſe all the Eſtates of a whole Nation) ſodenly ſeized upon in the Capitoll at <hi>Rome,</hi> with which he ſhortly after departed.</note> imaginary Conceit (by the old <hi>Romans</hi> of fu<g ref="char:EOLhyphen"/>ture Bliſſe in the <hi>Elizi<g ref="char:EOLhyphen"/>an</hi> Fields; Or of the <hi>Ma<g ref="char:EOLhyphen"/>humetan, Saracens,</hi> and <hi>Turks,</hi> in their conceited Paradice after this life<note n="*" place="margin">With Rivers and Streams flowing with Milk, Oyl, and delightfull Waters, &amp;c. and Women of the faireſt and moſt choiſe Beauty to continue as in the Prime of their years, and o<g ref="char:EOLhyphen"/>ther Fopperies.</note>;) But that the People of this Nation may by the (Preaching, Inſtructing, and Teach<g ref="char:EOLhyphen"/>ing of ſuch Miniſters) be brought into the Knowledge and Practiſe of, and Continuance in, (with delight) the true Chriſtian Religion, and the way of walking in a God<g ref="char:EOLhyphen"/>ly Life and Converſation; that they may grow in Grace and Righteouſneſſe more and more unto the Day of Judgement; And ſet their Minds principally upon doing the good pleaſure of God, wherein they ſhall have much Ioy (if they do it really) and have the principall Comfort in this Life of all, of Aſſu<g ref="char:EOLhyphen"/>rance of Salvation, and the enjoyment of the unſpeak-a<g ref="char:EOLhyphen"/>ble and incomprehenſible (in humane Capacity) Ioys of Heaven, where every Saints Ioy ſhall be full, with our Saviour and his Righteous Servants in the Celeſtiall Kingdom, according to the Decree of the living God, which was, is, and ever will be, from and to all Eter<g ref="char:EOLhyphen"/>nity.</p>
            <trailer>FINIS.</trailer>
         </div>
      </body>
   </text>
</TEI>
