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Exceptions Many and Just Against Two Injurious Petitions · John Ley

Exceptions Many and Just Against Two Injurious Petitions, Section 1 – Section 2

SECT. I.

BEfore I meddle with the matter of this Petition I have ſomewhat to ſay to the men that drew it up or ſubſcribed it, and that muſt be to diſtinguiſh: for being*This Petition with many thouſand hands was preſented to the Parliament on Sat. 16 of Iuly 1653. See Merc. Polit. nu. 163. p. 260. many thouſands of them, as the Reporter gives in the account it is not probable they were all wholly of one mind in this matter, or all of them well affected to the Parliament.

For we know that the moſt of thoſe who are zealots for the taking away of Tithes, are worſt affected many waies: every covetous man would be glad of any occaſion to ſave or gaine, to take up with the angle, to catch with the net, to gather with the dragge, as Hab. 1.15. Every prophane perſon who hateth to be reformed, will be very well pleaſed to take or keepe any thing from the Godly Miniſter, who reproves his ill manners, and who will not permit him to prophane the Sabbath,Iohn Spietlehouſe in his vindication of the Army for their late diſſolution of the Parl. p. 9. nor to take the Sacrament of Lord Supper to his own condemnation. Every Royall Epiſcopall and ceremoniall oppoſite to the preſent Miniſtry will be willing to keep back the Tithe, ſeeing their own Clergy are out of Office, (as Mr Spittlehouſe obſerveth) and of how many of theſe may we ſay (without ſuch a laviſh confidence, as Solomon noteth to be the property of a foole) that they are either well affected, or adherers to the Parliament, as the Title ſpecifieth.

2. There are ſome who pretend to Religion, whoſe principles are very unſound, denying firſt Tythes, and then the Miniſtry, or firſt the Miniſtry, and then Tythes, (the one for the other, Tithes that they may ſtarve the Miniſtry, and the Miniſtry, that they may feed themſelves with Tithes) and then Scripture. I could name the man, whoſe conſciences was extreamely cramped againſt the payment of Tithes, yet had he it ſo inlarged and looſned, that he would have farmed the Parſons Tithes of his Neighbours lands, in hope by the bargaine to ſave his owne.

3. Some would have Tithes taken away from the Miniſter, but not from Impropriators, to that purpoſe was a Petition preſented to the Lord Generall Iuly 4. 1652.The Armies Diurnall, nu. 187. p. 2832. (from diverſe ſaid to be well affected perſons in the County of Lincolne) with reſpect and reſervation of other mens Rights (i.e.) of Impropriators.

4. Some though they Petition againſt the payment of Tithes, are ſo well minded to the Miniſters of the Goſpell, that they would have them allowed an Honourable and Comfortable maintenance, whereof more in the anſwer to the latter Petition.

5. The Petitioners we now are to deale withall, without all Juſtice, would have Tithes taken away from Miniſters, and without all mercy, would have no ſet or certain maintenance ſet up in ſtead thereof. To this though it may be thouſands have ſubſcribed, I hope of many of them that they are like thoſe who were deceived by Abſolon, followed him in the ſimplicity of their heart (knowing nothing of the depth of his deſigne 2 Sam. 15.11.) being ignorant of the contrivers of this petition, and not apprehenſive of the evill event, if they ſhould prevaile in it, with an implicit faith in their good meaning, who were more active in that put their hands unto it, as diverſe have done, without reading what they ſubſcribed, being told but ſome, and that the leaſt offenſive part of the contents thereof.

6. Some would have thoſe, who are poſſeſſed of the nine parts to have the tenth added to them, and,

7. Some would have all ſo alienated out of private hands, as to be made up into a publique ſtock, at the diſpoſall of the State, of which two laſt, I have occaſion to ſpeak particularly in another place.

From the Petitioners with their different deſires and deſignes we come now to the Petition it ſelfe, which we ſhall not need to ſet downe entirely altogether, ſince though handled ſeverally, the reader may make up a perfect copy of it, taking it along as it is marked, diſtinguiſhed by a different character, for more diſtinct conſideration, and more punctuall application. I ſhall divide the Petition into 1. A Preamble. 2. The motion of the Petitioners. and 3. Their motives of obtainment. 1. Of the Preamble.

SECT. II.

The Petition.

For as much as the originall ground, of our many years burthenſome Warres and Miſeries, hath been from the Incroachments, and Innovations, which have been made and inforced upon the People, at the pleaſures of ſome men, ruling meerely according to their will, and power.

ANSWERE.

THis part of the Preamble, penned as a preparative to the removall of the pretended oppreſſion of Tithes (the only thing which in particular the Petition complaineth of) is ſo farre from making way to what the Petitioners would have, that it rather affords matter of defence to the cauſe they oppoſe, for they complaine. 1. Of Burthenſome Warres and Miſeries. 2. Of the originall ground of them. 3. That ground is ſaid to be Incroachments, and innovations inforced upon the People. 4. Thoſe Incroachments and Innovations they charge upon thoſe, who at their pleaſure rule according to their own will and power.

1. For Burthenſome Warres and Miſeries: If you mean by Miſeries, ſuch as commonly come by Warres, as in reaſon they may, for as men are muſtered for Warre, ſo are Miſeries muſtered by Warre, payment of Tithes is neither Warre, nor any Military miſery produced by it, but rather the contrary, for when Warre makes waſt of all, as Joel 2.3. (ſpeaking of an Army of enemies) The Land is as the Garden of Eden, before them and behind them a deſolate Wilderneſſe, yea and nothing can eſcape them: There is nothing left to be tithed, and wee have ſeen by ſad experience in our own Nation, Miniſters driven from their charges, people plundred of their horſes, where with they ſhould till their ground, their corne, hath been trodden down or eaten up by the Troopers, and the Tithe could not be had where nine parts were gone, or not be much where they were much diminiſhed.

2. Nor was the matter of Tithes ground or cauſe of the Nations quarrell, no warre was raiſed, nor a ſword drawn, nor a blow given, either for, or againſt them. All men know, and the Petitioners annot deny but that the viſible grounds and cauſes of the Warre, were of another kind, which had no affinity at all with payment of Tithes, or takiug of Tithes, I ſay viſibly, for ſecretly and out of ſight, ſome might, and happily did ingage on a ſide, with ſuch minds as they had, who ſaid, Let us take the houſes of God in poſſeſſion. Pſal. 83.13. hoping to have their ſhare in a parcell of Tithes as others had in the Biſhops, and Deane and Chapters Lands.

3. For Incroachments and Innovations, the taking of Tithes is neither. Not an Incroachment, for an incroachment, is an unlawfull intruſion into the right of another, particularly where Rights are ſcituate in vicinity, the taking of Tithes is no ſuch thing as ſhall be ſhewed in due place, eſpecially as it is brought in this Preamble, as a ground or cauſe of our Nationall Warre. Much leſſe can Tithing be called an Innovation, ſince it hath the preſcription of about 3599 years in the World, and in this Land hath been received and practiſed before the Conqueſt, and drawn along downeward to this preſent age.

4. Nor is the tenure of Tithes dependent upon the pleaſure of ſuch as rule meerely according to their own will and power (prerogative like) for Tithes have been Authorized and Eſtabliſhed by many Parliaments, wherein no arbitrary power can be exerciſed.