An Acquittance from a Demand, Section 2
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. Plin. Nat. hiſt. l. 8. c. 33. p. 118. Chamaelion-diet, untill the next Harveſt.
4. The Committee at R. taking into their ſerious conſideration, the neceſſary ſupply of him that ſhould undertake the Paſtoral Charge, made an Order, That the Doctor ſhould 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 P…ea put into the Committee at R. moved four or five to conſent, to order the repeal of the former Order, for paiment of the fifth part: but he refuſing to joyn with his Colleagues (though 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 …o 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.