Tithe Robbers Discovered, Chapter 2
CHAP. II.
ANd the frauds in tything and oppreſſion thereby are not only occaſioned by the defect of the Lawes for tythes, but through defect of Juſtice alſo, I mean execution of Juſtice, according to the Laws that are now in being.
The Preamble of the Ordinance of Parliament for tythes made in the year 1644, mentions that the Eccleſiaſticall Lawes and Courts being down, many take liberty thereupon to with-hold their tythes and duties; And to ſupply that defect that Ordinance was made for Juſtices of Peace to relieve thoſe that were wronged in their tythes: yet many Juſtices of Peace have, and doe utterly refuſe to act for the relief of oppreſſed Miniſters, by vertue of that Ordinance; ſome of them judge the ſetled Miniſters of the Church of England to be no Miniſters, or Antichriſtian ones, or they are againſt tythes and all ſetled Maintenance of Miniſters as Antichriſtian, unlawful, &c. Yet their eares are open to heare complaints againſt Miniſters; ſome of thoſe Juſtices have yeilded to act for Miniſters, as wronged men but not as Miniſters for ſooth, not as wronged Miniſters. And ſome Juſtices will give ſummons for witneſſes, according to that Ordinance, but the witneſſes not appearing, they refuſe to proceed further to inforce the witneſſes to appear, alledging that the Ordinance is only for ſummoning of witneſſes; And, to my knowledg, upon this occaſion the Miniſter hath loſt all. And the Juſtice refuſe to act by that Ordinance for Miniſters in ſequeſtred livings, becauſe the Ordinance that made ſuch Miniſters capable of reliefe by that fundamental Ordinance is expired; And Juſtices that did act by that Ordinance before the firſt Parliament was diſſolved, do refuſe to act any further thereupon; alledging that only Acts of Parliament are in force after the diſſolution of Parliaments, and that Ordinances are in force in Parliament time onelyonly. And although there were ſome reliefe for oppreſſed Miniſters by the Honourable Committee for plundred Miniſters, eſpecially for thoſe in Sequeſtred Livings; yet not one farthing coſt allowed, after great charges, in journeyes, counſel, Solicitors, orders, &c. I heard a godly Miniſter of London ſay, that if a hundred ſubſtracted their dues, yet he could ſummon but ſix at once to that Committee, and that if thoſe ſix owed 405; The one halfe of that was expended in law charges, I heard a Notorious defrauder of his Miniſter ſay to the Miniſter openly in the ſtreets, as he rode by him. Looke how the Prieſts horſe eares lowle, he goes ſo often to London, and can get nothing; The want of juſtice and of conſcience in Juries is a very great cauſe of theſe wrongs done to Miniſters and other Tythe-receivers; There is a crying preſident of this at Sandwich in Kent, of a verdict given againſt a poor Miniſter, againſt Law and Evidence; I heard no mean Member of the Court ſay, he would not be in their caſe for a thouſand pounds: and I reproving one of the Jury for that unjuſt verdict, his only anſwer was, that the Miniſter ſhould have no tythes, though it coſt him a hundred pounds; I pitty the poor Miniſter, who is not able to relieve himſelfe. But I wonder not that blinde zeale againſt the cauſe of tythe ſhould carry any to ſuch wayes of oppreſſion; And I know the great tythe-ſtealer of Eaſt-Kent got at leaſt 40 pound cleere by a verdict at Maidſtone Affizes in Kent, and many other examples there are of this kinde, and in other caſes touching illegall verdicts; Such Juries (in theſe dayes eſpecially) preſume to be Judges not only of the fact, but of law it ſelfe, making themſelves a Chancery, yea doing more then any Chancery Court would practice, going contrary to law and equity.
It is conceived to be high-time to think of ſome ſpeedy and eaſie way to bring Juries to a ſtrict and ſevere accompt for illegall verdicts, which are moſt crying oppreſſions; We ſhall need no Lawyers nor Lawes, nor Parliaments to make Laws, if Juries have the Law and equity in their arbitrary power.
Upon this accompt of defect of Law and Juſtice in point of Miniſters maintenance, no man need wonder at the increaſe of the fraudes and wrongs acted againſt Miniſters in that caſe: Impunity alone begets iniquity, much more profitable impunity; I have heard ſome ſay, openly in the Church, you may preach, but you get no tythes of me but by Law, if they be your due, come by them by Law; They know the length of the foot of the Lawes too well.