General Reasons Against the Defalcation of a Fifth of Ministers Maintenance, Part 2
Particular Reaſons againſt the Paiment of a fifth Part to D. E. H.
SECT. I. Reaſons againſt Doctor H. his claim of a fifth Part, in Particular of the Rect. of Br.
TO theſe Reaſons againſt the paiment of a fifth part in general, I ſhall annex ſome others in particular: which may evince, That though a fifth part might juſtly be aſſigned to ſome outed Miniſter, from ſome Miniſter Incumbent, yet not in our caſe; for neither is the Doctor ſuch a man as is capable of it, nor am I in a condition to part with ſuch a portion of my dues to his uſe.
1. For the firſt, That he is not capable of the fifth part in the intent of the Ordinance (as the regular practice of the Committee for Plundered Miniſters at Weſtminſter expounds it) I ſhall ſhew by two Reaſons:
1. The one is that he needs it not.
2. The other is, That if he did, there are other wayes for ſupply of his wants.
1. That he needs it not, I can prove it by double evidence.
1. From Himſelf.
2. From Others.
1. From Himſelf, he hath ſaid divers times, But for the Means he hath in Wiltſhire the Parſonage of Br. would not have anſwered his Charge in the time of the Warres; how much that addition amounted unto, I have not been informed; but ſecondly, That it is enough now for a competent Subſiſtence himſelf confeſſed, when (March 24, 1649.) he ſaid, That he ſhould not need a fifth part above two years, and to both theſe Teſtimonies of his, I can produce ſufficient witneſſe upon Oath (if he dare for conſcience, or can for ſhame deny his own words) but I think he will not, becauſe he did not, when I had mine evidence ready to produce againſt him, before the Committee at R.
Now ſince he is known to be ſo good an Husband, as not onelyonly to know his own Eſtate, but how to manage it to his beſt advantage, and to ſpeak as much for his own Intereſt, and to purſue it as eagerly as any man can do, that makes not mammon his God, none that knows him, will ever believe he would have ſaid ſo much to the prejudice of his own profit, if it had not been true, and ſuch a truth as he was familiarly acquainted withall, and whereof he might be convinced if he ſhould ſay the contrary.
2. From Others: I was ready at R. upon the 19th of October, 1652. the day agreed upon by the Committee (our Judges) and the Doctor himſelf, and me (the parties) for the hearing of our differences, to produce my Witneſſes for proof, that in Wiltſhire he had Lands, let for the yearly value of about 80 l, and Woods upon them worth many hundreds. But he knows, who would not ſuffer them to give in their Evidence upon this pretence, That the Ordinance allots the fifth part without any exception, of other means or maintenance, more or leſſe, though he were ſo aſſuredly informed, That he could not but believe it, that the Committee for Plundered Miniſters at Weſtminſter, did by their ordinary practice clear the meaning of the Ordinance, to be for the allowance of a fifth part onelyonly, where other means of neceſſary Subſiſtance was wanting: and that upon good reaſon, for if a man may have a good Eſtate of his own, and nevertheleſſe, without any pains, may have a fifth part of his portion who bears the whole burden of Miniſteriall duties, in the Church, of Houſ-keeping and of Hoſpitality at home, and of all Taxes and Impoſitions for the Publique: the condition of many (both pains, means, and charge conſidered) will be better by putting out, then theirs who are put in to poſſeſſe their places, which ſurely cannot be according to the minde of the Parliament.
Beſides, for the Doctors wife and children (ſhe being an inheretrix of a fair Eſtate, when her father dieth, who is a weak man, and well ſtricken in years, if he be yet alive) there is no fear of their want, though they have neither Right nor part in the Rectory of Br.
2. For the other Reaſons, That if he had no means of his own, he ſhould be no ſharer with him in wages, who doth all the work (when he doth none of it for which it is due.) Beſides the Arguments againſt the fifth part in general, already produced, it may reaſonably be pleaded, in barre to his claim of the fifth part by particular application unto him, That
1. If he be not invincibly wilfull, againſt the Government which gives him Protection, he may no doubt have employment for his good parts, and a competent Salary, for the good ſervice he may do, in the uſe and exerciſe of them.
2. If he will not be taken off, nor abate any whit of his rigid miſconceits, and diſaffection to the preſent Government, and to their publick proceedings, nor forbear to do them as much diſſervice, as he can and dare (upon all occaſions in private and publique) they may think it a matter rather of favour, then of rigour, if he want to ſend him for ſupply to the known Laws of the Land (ſo much cried up by him and his party) and they will ſend his wife and children, to the able Gentleman, her Father … their Grandfather, for in ſuch a caſe it is thus ordered by Law, The Father and Grand-father, Mother and Grandmother, being of ſufficient ability, ſhall relieve them, in ſuch manner as the Juſtices of Peace, in that County where ſuch ſufficient Perſons dwell, at their quarter Seſſion, ſhall aſſeſſe. Dolt. Juſtice of Peace, printed for the Society of Stationers, an. 1619. p 84, 85.
But he and his, if they were in want (being ſuch as they are, with ſuch an one as his Father in Law is) would finde mercy ready enough to receive them, without any order of Juſtice of procure their entertainment.
SECT. II. Reaſons why I ſhould not pay a fifth Part to the Doctor.
NOw as by what hath been ſaid it appeareth in reſpect of him, That it is not reaſonable he ſhould require a fifth Part of the Pariſh of B. So I ſhall now give Reaſons (in reſpect of my ſelf) which may conclude it as unreaſonable that I ſhould pay it.
1. Though I acknowledge with all thankfulneſſe, the Parliaments benevolous intentions towards me, in deſigning me to officiate in ſuch places, as promiſed me a very comfortable reward, for the work of my Miniſtry: yet ſuch hath been my miſhap (through others Malignity) that I have been a loſer by them, and ſo little a gainer or ſaver by the exerciſe of my calling (for the beſt part of fourty years together) that upon a juſt occaſion (though but an unjuſt ſurmize of my thriving by adherency to the Parliament) I made bold to tell ſome of the moſt eminent Commonwealths-men of this Nation: That if they would make mine eſtate as good in Lands, as it was before I went to the Ʋniverſity, or in money and goods, as good as before I had an Eccleſiaſtical benefit, I would ſerve the Church and State with my beſt abilities (according to my Conſcience) for nothing as long as I lived. Or if they would but put me into as good a condition as I was poſſeſſed of before I was driven to flie from all I had, becauſe my Judgement and Conſcience engaged me to be of the Parliament Party: I would give up all I had of their gift, without any deſire of further Benefit from them. Which being true, I cannot but ſo farre confide in their wiſdome and goodneſſe, as to believe, they would not have taken a fifth Part from me, to gratifie ſuch a Doctor that ſo little needed it.
2. I may be the more confident herein, becauſe where I was laſt diſpoſed of, and where for my Settlement, there paſſed an Ordinance of both Houſes of Parliament (though it wanted a formality of accompliſhment, by the great Diviſion betwixt the Parliament, City and Army, which then happened) I was ſo great a ſufferer in all kindes by thoſe who hated the Right and Reformation of the Parliament, and me for their ſakes, that if my Cauſe had been ſeaſonably, throughly and truly repreſented unto them, I doubt not, but they would rather have awarded me reparations for wrongs, and damages ſuſtained, then mulct me by diminution of my wages, for the work which lieth wholly on me, and nothing at all upon the Doctor to perform.
3. As it was my loſing lot to part with the laſt Parſonage I had too ſoon (for it was a little before the harveſt was ready for the Reaper) and ſo to bemAt Aſtb. where upon the death of Dr. Dod the Sequeſtred Rector, by pretence of a Writ, De vi laica amovendâ, I was violently and illegally put out of poſſeſſion by the under-Sheriffe, but upon complaint to the Committee for Plundered Miniſters, reſtored within a fortnight after by an order coming from them, commanding the ſame under-Sheriſte to put mine Antagoniſt out, and to put me into poſſeſſion again (and he did ſo) and to make his appearance before the Honourable Committee, to anſwer for his unwarrantable proceedings againſt me, but upon the requeſt of the high Sheriffe on his behalf, and becauſe he pleaded the Obligation of his Oath to ſerve all Writs that came to his hands, I excuſed his appearance: how the Sheriffs great Fee proſpered with him (for he was either liberally paid or promiſed for that illegall Act) I cannot tell, but ſure I am, they for whom he did it proſpered not, for he who was the pretended Preſentee poſſeſſed not the Parſonage, and had ſo much trouble with it, as he told me when I left it, that he wiſhed he had rather given 200 l then diſturbed me in it, and he that was really intended and put in in my room, was afterward for ſcandal removed. both injuriouſly and barbarouſly driven from it, without any recompence either of my pains, or charge upon it which was very great, by Houſe-keeping, Impoſitions, and Quartering of ſouldiers; beſides that I was forced to put off my ſtock of Cattel at a low rate, which coſt me very dear: So was it my hard hap alſo, to come to Br. too late, when the Doctor had newly inned as his own, all the proviſion of the year paſt, and left nothing for me but miniſterial duty, andnChamaelion ſolus anim alium, nec cibo, nec potualitur, nec alio quàm acris alimento. P…in. Nat. hiſt. l. 8. c. 33. p. 118. Chamaelion-diet, untill the next Harveſt.
4. The Committee at R. taking into their ſerious conſideration, the neceſſary ſupply of him that ſhould undertake the Paſtoral Charge, made an Order, That the Doctor ſhould enteroAuguſt 14. 1649. on which day part of their Order was, And he is permitted to receive the Tithes, provided he give ſecurity to the Committee to pay 100 l to the next Miniſter in lieu thereof in caſe he be removed, which I have atteſted under the had of the Clerk of the Committee. into Bond (which he did accordingly) for paiment of an 100 l, for his maintenance, out of the profits of the year precedent, which amounted to more by a double advantage, both of the value, and quantity of Corn, then had been known in one year, within the memory of man. But the Doctor got the Bond out of their hands again, by what means, whether direct or indirect, I determine not, but ſure I am he is a 100 l the better by having it, and I a 100 l the worſe by miſſing of that Summe: which ſhould have fallen to my ſhare, as his immediate Succeſſour, and haply had done, if they that put him out, had put me in, but it is like it was diſpleaſing to ſome Committee men at R. that they made a Blank at Br. and the Committee at Weſtminſter filled it up: and yet I required not a forbearance of the fifth part, untill I had paid the Doctor 69 l—12 s—2 d (upon a very hard bargain) a double price to the juſt value of many of the things I bought, as ſome of better Judgement then my ſelf, and of better conſcience then he, made the eſtimation of them: and well nigh as much more under the Title of fifths, and thereby (by the ebbing of Tithes to me (which came in with full tide to him) and by the augmentation of my charges of ſeveral ſorts) I found my ſelf unable to pay him any more under the name of fifths.
Yet he complained to the Committee at R. that I had not conformed to their Order therein, when I had his Acquittances for receipt of a fifth part for the time paſt, and at that time he could claim no more untill the next Harveſt, whereof having made due proof before the Committee, his Suggeſtion was found*By the Committee of Parliament for the County of B. ſitting at R. the 15th June, 1652. This Committee being ſatisfied by M. John Ley Rector of Br. that Dr H. did miſ-inform them touching Mr. L. his non conformity to the Order for fifths, & the yearly value of the Parſonage. It is now thought fit that the value propoſed in the letter of the 28 of April laſt, ſhall be no rule to apportion the fifths. And it is ordered, That the difference between M. L. and Dr. H. be heard before the Committee on the 20th of July next, at which time Dr. H. is to prove the value of the Parſonage by ſubſtantial Witneſſes upon Oath, which are to be of the Pariſhioners. W. W. Major of R. W. St. J. W. G. W. a falſhood, and I was diſcharged from paiment according to that proportion, which he had procured upon it to be rarated and ratified by their Letter unto me.
5. And laſtly, I am put to relieve and maintain thoſe, whom the Law aſſigneth to me for Suſtenance, under that Relation, which obligeth the Doctors Father in Law, to provide for his wife and children, if deſtitute of means: and this Charity of the Statute, is to take place, and be ſerved before that of the Ordinance for a fifth part, if none other Objection could be made againſt it. [A part of this Plea put into the Committee at R. moved four or five to conſent, to order the repeal of the former Order, for paiment of the fifth part: but he refuſing to joyn with his Colleagues (though men*M. Stroud. M. Nutkins. M. Webb. M. Wooldridge. of eminent Integrity and Godlineſſe) for Reaſons which I forbear (untill I have further cauſe to produce them) it was not to fully ratified, as it ſhould have been in the Tearms and Tenor following.
By the Committee of Parliament,Berks. ſſ. for the ſaid County ſitting at Reading the 19th of October, 1632.
FOr as much as this Committe, by an Order bearing date the 8th of March 1649. did aſſigne the fifth part of the profits of the Rectory of Br Sequeſtred from Dr E. H. for Scandal in life, and diſaffection to the Parliament, towards the maintenance of his Wife and Children, to be paid unto her, by Mr John Ley Incumbent there (according to Ordinance of Parliament in that behalf.) Now we the ſaid Committee, taking the uſual practice of the Honourable Committee for Plundered Miniſters, both for interpretation and limitation of the ſaid Ordinance, in ſuch caſes, as a warrantable patern to follow, who make the Wife and Children incapable of the fifth part, where the ſequeſtred perſon, hath a competent Eſtate, for their maintenance, and having now received teſtimony upon Oath, that the ſaid Dr. H. hath a temporal Eſtate in Lands, in poſſeſſion, in the County of Wilts of the yearly value of 80 l, or thereabouts, and woods upon the ſaid Lands, eſtimated to be worth many hundred pounds, and taking into conſideration that about the time that Dr. H. was ſequeſtred from the ſaid Rectory, he entered into Bond to pay an 100 l to the next Incumbent, out of his laſt years profits towards his pains and charges to ſerve the Cure untill the next Harveſt: and notwithſtanding the ſaid laſt years profits, was very advantagious to the ſaid Doctor, both in the quantity and price of Corn, yet was the ſaid Bond re-delivered to him, without any Satisfaction given to Mr. Ley the next Incumbent: As alſo Mr. Leys conſtant adherence to the Parliament, whereby he hath ſuſtained great loſſes by plunderings, and great charges by his enforced removals from place to place farre diſtant, and his maintaining three Orphane Children, whoſe Parents were impoveriſhed in the Parliaments ſervice. We conceive it Juſt and Equitable, and do likewiſe order, that the ſaid Mr. John Ley, be from hence forth diſcharged from farther paiment of the ſaid fifth part, or any part thereof to the ſaid Dr. H. his Wife and Children.
Mr Richard Whiſtler of Satwell, and Robert Hues of Bright-well were ready to depoſe upon Oath (as they received information) to the value of Dr. Hydes temporal Eſtate, and the Order above-recited was agreed upon, but one of the Committee refuſed to ſit and joyn with the other four that voted to take away the fifth part, which is certified, and (if required) ſhall be atteſted upon Oath by
Will. Carter Clark then attending the ſaid Committee.
And the ſame Seal ſhall I be ready to ſet to what I have ſaid, (if I be called to it) ſo that an Oath may be (as the Apoſtle writeth to the Hebrews) the end of all ſtrife, Heb 6.16.
SECT. III. The Doctors claim of my Promiſe to pay him a fifth part, Anſwered.
ANd here I thought I had ended with the Doctor, for this difference about the fifth part: but while I was ſetting my papers in order for the Preſs (the day before I was to ſend them to London) I received a Letter from him, wherein he challengeth a ſecond promiſe of me (for once he did the like before) for the paiment of the fifth part of the Parſonage, after ſuch a proportion as he could procure the whole to be let to, and paid by ſufficient undertakers, which was farre more then ever I could make of it. Of theſe two promiſes he claimeth one (though not in this Letter) before the date of the Order of the 15th of June, 1652. forementioned in the Margine: The other ſince the Order Octob. 19, the ſame year, though within a while after, as about two or three hours of the ſame day.
For the former, the truth is upon his importunate preſſing of me to let it (becauſe he ſaw I was not worldly minded enough to make the beſt of it) I told him, if a competent number of the chief of the Pariſh would take it, and give good ſecurity for paiment of the Summe to be agreed upon, I would farm it out to them, he promiſed to bring me ſuch to Wall. by a day prefixed.
That day come, he brought with him to Wall: (the place appointed for our meeting) only two men, to take all the profits of the Rectory, and to undertake for the paiment of what he agreed upon: againſt whom I took exception joyntly and ſeverally: Joyntly, becauſe both of them together, were not held of ſufficient Eſtate (by ſuch as knew both of them better then I did) to anſwer ſuch a Summe as the Doctor had drawn them (by what artifices or ſecret ſecurity I know not) to engage for: for the one of them had no Land at all, the other but about half a yard Land, and for their Eſtate in ſtock, that was very uncertain, and not viſibly ſuch as might be ſufficient ſecurity, if they ſhould put me to ſue them for breach of Covenant with me: and againſt them both the principal Pariſhioners took exceptions, as men diſpoſed to deal a great deal more ſtrictly with them, by a more rigorous exacting of all Eccleſiaſtical Rights, then their Miniſter would uſe. And yet that year had they taken it they might have loſt at leaſt a 100 l, as they made the eſtimation, who were beſt acquainted with the conſtant revenue of the Rectory; and if it had ſo fallen out or ſomewhat near it (the truth whereof I was not able to diſcover) would they not have fallen from their Covenant? and have been clamarous againſt me, if I had put them in ſuit for the whole, when they had fallen ſo farre ſhort of their expected profit? and might they not, having my goods in their hands, and I but their paper and wax in mine, have advantage enough to weary me out, if I took a legal courſe to recover my Right? And as theſe were joynt exceptions againſt them both, ſo there were ſome ſeveral or peculiar to each of them, for the one was not of the Pariſh (as I propoſed, he conſented, and both conditioned the Tenants ſhould be) and beſides be was too intimate a friend of the Doctors: The other not ſo well-affected to me, as my minde towards him, and the Parochial relation betwixt us required: for living in the Pariſh, and neer the Church, yet he conſtantly excommunicateth himſelf out of the compaſs of my Miniſtry (and hath done as well before that time as ſince) for what cauſes, and how he hath carried himſelf towards me otherwiſe, ſome do know, but God who beſt knoweth us both will one day judge.
The other promiſe of Octob. 19. was not as the former onelyonly verbal, but written and teſtified by two witneſſes, it was of this form,
Nineteenth of October, 1652.
IT is this day agreed by the mutual conſent of Mr John Ley Rector of Br. and Dr E. H. from whom the ſame ſtands ſequeſtred, that the Doctor ſhall take his fifth part (for the year 1652.) proportionably according to Mr Leys accompt: and that for the year to come, the Doctor ſhall have a fifth part after the Rate of—And he deducting and allowing a fifth part of all ſuch charges and paiments, as he allowed for the year paſt: provided that ſuch and ſo many ſufficient men become bound to Mr Ley for the paiment of the ſaid Summe as he ſhall accept, and approve of.
Witneſs to this Agreement Alex. Bl. Will. Car.
To this neither his hand nor mine was ſubſcribed, becauſe he went out of R. before it was drawn up, and whether he would approve of it or no in terminis, I could not tell: and therefore I ſuſpended my ratification of it, yet when we met we both agreed to it, though without Subſcription on either part.
It was his part to begin to act, according to this agreement, and he maketh account he performed it, when he brought M. D. of W. to bid me a price for the Rectory, which was on Tueſday Jun. 13. 1654. for of that he ſaith, He hath performed his part of the agreement in his Letter dated from Hart-Hall, Septemb. the 9. 1654. Buc.
Anſw. He failed both
1. In the Summe. And
2. In the Security.
1. For the Summe, M. D. offered 20 l leſſe then the written agreement. 2. He fell off from that he offered 40 l or 30 l at leaſt: becauſe I told I was engaged by promiſe, not to conclude with him (who was none of the Pariſh) before I had propoſed his terms unto the Pariſh: wherein I was the more willing to keep my word, becauſe they were very unwilling he ſhould be my Tenant for the Tithe.
But the chiefeſt of them (who appeared in the Buſineſs) confeſſing they could not pay ſo much, and ſo ſoon as he had undertaken, were content that I ſhould proceed and conclude with him.
This I thought would pleaſe him well, and therefore (ſo ſoon as I parted with them) I went to Wall. to tell him of it, he being not at home, I left the intelligence for him in a Letter, deſiring him the next morning to come to me, that (the great rub removed (the Pariſhioners diſlike of his Tenantſhip for the Tithes) we might finally conclude what was formerly propoſed.
That day he came not, but on Thurſday June 15. he came and told me, If I would abate him 30 or 40 l of what he had bidden me, he would take the Tithes of me, otherwiſe not: it was ſtrange to me that he ſhould now refuſe the bargain, and think it worſe by ſo much (when he might have it with peace) then when there was much diſpleaſure and indignation taken at his motion.
2. For the Security (whatſoever Summe was agreed upon) he would give me but his own Bond, without a Surety, whereas by the written agreement, the Doctor was to bring ſuch, and ſo many ſufficient men to be bound for the paiment of the rent, as I ſhould accept and approve of. This made many confident (which upon ſurmiſe I would not believe at the firſt) that the Gentleman (being the Doctors intimate friend) this Treaty with me, was but a deſign to raiſe the fifth part to an unequal growth, that it might be to the other four, as the thumb among the fingers: There were other ſuſpitions taken up by ſome, That the Gentleman meant to take the Tithe and Glebe in his own Name, but after to turn over his Bargain to the Doctor, that he might by that means ſet him in poſſeſſion of the Parſonage again. But he aſſured me he had no ſuch meaning, and I meant to aſſure my ſelf he ſhould not do it if he would, reſolving of an expreſs condition to the contrary, with a conſiderable penalty if it were broken: and for my performance of promiſe, the Doctor himſelf hath (upon ſufficient experience) ſaid, he doubts not of keeping of my promiſe, but he was not pleaſed that I was with much difficulty drawn to make a promiſe, and even in his laſt Letter Septem. 6. 1654. his words are theſe, If you have not a minde to let your Living, you may keep it, but withall I ſuppoſe you will have more minde to keep your word: that you may do if you come to a leſs propertion with my conſent, elſe you cannot.
Why not? when the failing was on his part, not on mine, both for the Summe and Security, as hath been ſhewen, and may be more fully evidenced by M. D. his Letter of the 19. of June, as followeth,
SIR,
HAd you been pleaſed to have accepted of my offer which I made to you in preſence of D. H. I ſhould then have ſtood to it, and not have gone back: but in regard you did then refuſe me, and have ſince treated with others, I ſhall intreat you, now to hold me excuſed, in my non-accepting their refuſals: for I ſhall not deal now upon any terms: not elſe, but reſpective ſalutes, from
Wall. 19. Jun. 1654. Your aſſured loving friend and ſervant Fr. D.
I was willing enough to have accepted of this offer, but ſo as I might keep my promiſe with my Pariſhioners, which had but ſuſpended our agreement for a few hours, had he been at home: for the ſame day, he made that offer before D. H. (with a ſtrong temptation to break my word; for he told me, if I would then take him at his word, he would then pay me an 100 l before I went out of his houſe) I came to acquaint him with the Pariſhes conſens (at leaſt the conſent of the chief of them) for renting the Rectory unto him.
Now when neither the Doctor, nor he whom he propoundeth for a taker, come up to the Conditions of the Covenant betwixt us, Is it reaſon that I ſhould be tied up alone to it? I doubt not but every wiſe and good man will (the premiſes conſidered) account me free from the precedent Engagements, and being free, it is time for me to give over, both promiſes and paiments to him, who hath had much more from me, and I much leſſe from him, then (in equity and conſcience) was due betwixt us.
FINIS.
End of the text · John Ley, General Reasons Against the Defalcation of a Fifth of Ministers Maintenance (1655)