An Acquittance from a Demand, Section 3
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, An Acquittance from a Demand (1654)