and purposes as if it had never been Then why should not that judgement reach to the Innocent and set them free from their sufferings which originally was occasioned by his Power and have for many years together continued Prisoners I am sure sound Reason or a tender heart will judge this demand both lawful and expedient to be granted 2. This present Power now being in Government under which Power there are Courts Ecclesiastical appointed then all that have been Arrested by Writs original from any Temporal Court since this present Power Governed and who do remain in Prisons upon such Arrests in case of Tythes their Liberty may be justly challenged and demanded and it will be but a reasonable thing for such as are now in Power to grant it and cause it to be done I do not state these Cases as being versed in points of Law but as they are opened to me in the Truth in which Truth is the pure and sound Reason and that Truth and Reason seeth thorow all things that are unreasonable and also manifests what is reasonable that the Truth and sound Reason in another may answer it and receive it and in the Truth man comes to see all uunreasonable things and let all reasonable People now judge whether it be reasonable on their part that practise such things as are here mentioned and through such practices cause Innocent People to suffer and whether it be reasonable that Innocent People should yet suffer and be continued in Prison upon such grounds And whether such as now do suffer in those cases can be lawfully detained being Imprisoned upon original Writs in case of Tythes And though such things were done when there was not another way left to recover them and greedy men would not be satisfied without them though at that time there was such a practice and proceedings yet that Power being now judged unlawful and removed such things are returned into their old channel again and are to be tried in Ecclesiastical Courts onely Not that I hereby justifie the proceedings of any Court in this case for I have already shewed the ground of this matter to be corrupted and am now wading amongst the fowl and unclean streames where I find little delight as to my self but through a necessity laid upon me to do good both to Persecutors and Sufferers I am constrained to travel amongst these things though I hasten through them as contraries to my Life Now these things being duely considered it cannot but reasonably be judged that we have good cause who in these cases are concerned to demand our just Liberty and do expect it and if Liberty be denyed unto us upon this reasonable demand then let such know who are our Oppressors that we yet in patience do abide and in patience we do bear a sure Testimony against all evil-doers and unreasonable men And here it may be seen what bitter streams the Pope's fountain sendeth forth and not only so but also how those that are concerned in the practice of the Law do degenerate from reasonable men and with their unreasonable part do divert the streams from their proper course though in that channel they are too bitter for honest men to drink yet being diverted from that course they are made much more bitter from such as do practise in them for if any part of Reason did order the practice in such cases it would not prove so tedious and burdensome to those that are concerned to make defence If a man 's own Appearance would be taken for a sufficient Appearance as it ought to be or if a true Answer would be taken for a sufficient Answer without an Oath as it ought to be or if the Sheriff would have a man's Body to appear according to his Warrant as he ought to do this would come something near to Reason in practice and would not be so grievous to poor men who desire to fear God and walk in his Truth but men are shamefully degenerated from Truth and Reason and their very hearts and minds are corrupted and their wayes are all crooked and there is no soundness in their goings so that an houest simple man cannot walk with them but be defiled and ensnared And now I shall mention one thing and that from the Law for confirmation of what I have here layed down in the particular case of Tythes by which it doth fully appear that no Temporal Court hath any power to proceed against any man in that case for the Law saith after this manner 32. Hen. 8. ch 7. That some have not letted to substract the lawful and accustomed Tythes of Corn Hay Pasturages and other sorts of Tythes and Oblations commonly due to the owners proprietors and other possessors c. Wherefore it is enacted That all and singular persons of what estate or degree soever shall fully and truly and effectually divide yeeld or pay all and singular Tythes and Offerings aforesaid c. and if any do detain any part of the said Tythes or Offerings then the party either Ecclesiastical or lay person having cause to demand the said Tythes and being thereof wronged or grieved shall and may convent the person or persons so offending before the Ordinary his Commissary or other competent Minister or lawful Judge of the place where such wrong shall be done according to the Ecclesiastical Laws c. And another branch of the Statute speaketh on this wise That if any Ecclesiastical or Spiritual profits which now be or hereafter shall be made Temporal unto any person or persons and that if any other person or persons go about to disseize them or disinherite them then in that case the party or parties grieved may have their remedy in the Temporal Courts as may be seen more at large in the full Statute So here is a plain distinction made for whilst any thing remains in the nature of Tythes and only denyed as Tythes and Offerings no Temporal Court hath power to examine or determine in that case but the Ecclesiastical Courts onely but if any man shall call in question the Estate of another in the ground as it was once counted Spiritual and now converted into the possession of a lay person if an Interest in this case be questioned then have the Temporal Courts power to examine and determine the Interest of such Estate And there are divers other Statutes which do refer the recovering of Tythes where they are denyed to the determination of Ecclesiastical Courts only which I shall not at this time and in this place take notice of to mention for that which is already said may be sufficient to convince a reasonable man or woman that the ground and rise of them is out of the Truth and the way to recover them if denyed is to be in Ecclesiastical Courts only and not in Temporal Courts and that from determination of the Law in that case All which doth make it evidently appear how much we have been and are still
there were four concerned in that matter namely Sutton of Besthorp Daulton of South-Scarle Richard Light foot of North-Collingham and Pocklington's own Servant whose name I know not and I did let all these men know as I had opportunity to speak to them that they did me wrong and warned them to take heed what they did in that case and told them I did not give any consent for them to take away my Corn yet notwithstanding they proceeded so to do from time to time which doth amount on their part to a forcible taking though never opposed by resisting and besides the Law doth not give any such power to take Tythes but only binds the party to set them forth and not to carry them away therefore these persons aforesaid are no less than deep transgressors of the Law and have made themselves liable to the Law as there is freedom to make use of their own weapon and hereby all sober people may see how this man's house hath been furnished with envy and though he hath had so many years to empty it yet he hath not cleared it as by his practice is manifest but I desire his eyes may be opened and that he may see the end of those things and come to Repentance before it be too late for his glass is almost run and without Repentance his end will be bitterness and I would have him know that there is a righteous God that judgeth between him and me this day and into his hand alone I commit my innocent Cause Something touching the Ground of Tythes by which it doth appear that Tythes are not of right upon any account in any place or to any person at this day neither can any Law be truly grounded from the Scriptures of Truth either to give them or to sell them The Law was given by Moses and under that Law Tythes 〈…〉 and they were not to keep them back for in 〈…〉 was a complaint that they robbed God and they were to bring their Tythes into the Storehouse that there might be meat enough and that the Fatherless Strangers and Widows might be relieved and not want and here was the first Covenant with its Law and Priesthood and Tythes and Temple and Sacrifices and Offerings of divers sorts and Meats and Drinks and divers Washings all which was but a figure of him that was to come Christ Jesus for the Law made nothing perfect but the bringing in of a better hope did and when through those figures and shadows the better hope was brought in then was Moses and his Administration fulfilled with all things that did pertain unto it and in fulness of time Christ Jesus came and Grace and Truth came by him which Grace and Truth is free and ends the first Covenant with all its Services and Ordinances and establisheth a new Covenant upon better promises in which Covenant Christ Jesus is known to be the High-Priest over the house of God and there is the Gospel free without money or without price and the Grace free which saveth and not the works of the first Covenant and it was never the practice of Christ or his Apostles to take Tythes or to sue people for them neither is the name of an Impropriator to be found in all the Scriptures and how these things are come to pass let people consider for Christ nor his Disciples did never receive Tythes neither gave any Commandment for any man to take them or for any man to pay them then such as now take them and sue people at Law for them do not walk either by precept or example from Christ or his Apostles and therefore their practice is altogether unlawful and out of the Truth and all Impropriators are wholly excluded throughout the Scriptures for Tythes under the Law were never appointed to any under that name therefore they cannot have any just right in them Object But some may say Surely they have the greatest right to Tythes because they have purchased them and the Law hath made Tythes to become unto them as an Estate in Fee Simple Ans There not being either precept or president from Christ nor his Apostles nor no such Institution under the Gospel it must needs remove this Objection wholly and that any man can have just power to sell the labour of another or any increase that rises from his labour and to give unto another person an interest in it as an Estate of Inheritance this will not stand with the reasonable part of a man for that which doth arise to one man through the labour of another man cannot stand for a certain Interest because it cometh through labour and charge and not through any thing certain so that if a man labour not then the party that doth claim an interest in his Increase is wholly disseized and dispossessed of that part which he claims as an Inheritance and the selling and buying of Tythes is come in of late years compared with the years since the Apostles time and both the buyer and the seller were under a vail of thick darkness at that time which the Light of the Lord doth now make manifest and it is now seen with a clear eye that such things are come to pass in the Apostacy and instituted after the Inventions of men and not after Christ the Wisdom of God and therefore they are now to be denied and the Root of them plucked up and destroyed and not to stand in any place nor unto any man for Grace and Truth is come by Jesus Christ in which Grace and Truth the Freedom is known and Tythes as now used in England are an invention of the Pope and who would know their rise and setting up must look into Histories for their ground for in the Gospel-Scriptures there is no ground for them to stand upon and Verstegen an Antiquary doth relate their very rise in England and doth declare that Pope Gregory sent over a company of his Priesthood and Officers into the Island of England who preached their Doctrine and turned many to their Faith and then the Pope sent them a Letter to take the free gift of such as they had converted and to live upon it which thing they at the first did as the History relates and those gifts were all brought into one place out of which the necessities of those were supplyed whom it concerned but after they had spread their Doctrine more generally and that there was an increase amongst people in their practice then they began to divide the whole into particulars and appointed to each man his place of Cure which he was to take the charge of and to receive their particular gifts but not to receive or take of any other but such as were of his Faith and owned his practice And here was the first institution of Parishes and Parish Churches in England according to History and when they were thus setled and that the gifts would not answer their particular ends some beginning to
wronged who have been a suffering People many years in this case and through these practices and the wrong is much more at this time in this case than in times lately past because there is now Ecclesiastical Courts set up and appointed unto which the Law doth only refer for the recovering of Tythes and some that in those Courts are called in question about Tythes and therefore the People of God who are called Quakers ought to be set free from their Imprisonments in that case who have been wronged so long together and yet are sufferers by Writs and Warrants and Subpena's out of Temporal Courts and through the practice of such Courts And if any man be henceforth grieved for want of his Tythes then let us come to answer in such Courts as by the Law is appointed to hear and determine the same and let us have free liberty to make our just and reasonable Defence on our own behalf and not to be interrupted in our Defence for it is a Case that doth relate to our Consciences and therefore such as are counted Spiritual men who are appointed to judge in Spiritual matters ought to hear us to the full in what we have to say in our own Defence that so our Answer may be taken and considered touching the matter which by any Bill may be exhibited against us and then however it comes to pass concerning us or what Sentence may proceed against us we shall be contented in our places and shall either actively or passively be subject without resisting as our Testimony hitherto doth sufficiently evidence for us only let us have fair dealings and legal proceedings as Men and Christians for as Men we have a perfect understanding and in truth and soberness we do behave our selves and as Christians we have patience to endure and do not seek revenge and therefore we ought to have fair dealings amongst all men who are concerned with us in any case There are other corrupted streams which descend from the unreasonable part of men towards us and are practised in divers cases concerning us by which great sufferings are inflicted upon us and such practices may briefly be reduced into these particular heads 1. To summon us to appear at Sessions and when we appear according to our Summons and stand at the Bar to make our just Defence to what may be charged against us then to tender unto us the Oath of Allegiance and press us with much violence to take it and though that Oath was instituted touching another people as by the title of it may appear which is for suppressing Popish Recusants and it was instituted in the sence of that danger which was by such a people intended against the King and his Government by the Gunpowder-Plot and though afterwards it was pressed to the King that he would grant the extent of it to all his Subjects and that he gave his consent so to do yet it may be seen by that Law which did so institute it in that case and upon the request of that Parliament that the Intention and mind both of the King and Parliament was for the finding out of such a people as did adhere to the Popes Supremacy and though it doth extend to all as to the tender of it yet it is with certain considerations as if any Officer of a Township do complain to a Justice of Peace that any person or persons above the age of sixteen years do not duly repair to their Parish Church or do not duly receive that which is called a Sacrament as in the said Act is more fully expressed That then in such cases the Justice of Peace hath power to send for such person or persons so complained of by his Warrant and may tender unto them the said Oath which for refusing he hath power to proceed against them as is appointed by the said Act but still it is to be observed that it is but to discover such person or persons as privately do adhere to the Popes Supremacy and therefore it is expressed in the Oath that they shall renounce the Pope and Premunire was ordained only against such persons as should purchase Bulls from Rome as may be seen in the 16th of Rich. 2d chap. 5. And now to make this the great business in Courts and at other times against us who are an innocent People who deny the Popes Supremacy and all his practices and to entrap us with it as with a snare because we cannot for Conscience towards God take any Oath at all but live in obedience to Christ's Command who saith Swear not at all and it is the matter contained in the Oath that was chiefly intended in the first institution of it and now to ensnare us with it upon every occasion who make conscience of an Oath and yet answer the matter as full as any people for our peaceable living under the King's Government doth evidently demonstrate our obedience to him whilst many others that fear not an Oath can swear and yet not answer the matter contained in the Oath and here we shew forth our obedience to the King by answering the matter in the Oath and we also shew forth our true love to God in keeping his Command for it is Christ's Command that we do obey in this case and so it is to us the Conscience of an Oath and not wholly the matter and to proceed against us in this case is very hard measure and how many of us that have suffered Imprisonment and spoyling of our goods and divers other wayes have deeply suffered by it and through the practice of it though we are not at all concerned by the intention of those from whom the Oath had its first institution and for to fine us or imprison us in this case as hath been and is yet practised is not only unreasonable from the consideration of these grounds here mentioned but it is also a practice which standeth opposite to the Law it self as in the 42. Edw. 3d. ch 3. where it is expressed That for the good government of the Commons no man shall be put to answer without presentment before Justices or matter of Record or by due Process and Writ original according to the old Law and if any thing from henceforth be done to the contrary it shall be void and holden for error c. Now by this Law none should be put to answer without Presentment or matter of Record or due Process Therefore to wave a Presentment upon which the party stands presented and for which cause he is summoned there to appear and doth appear and then to tender the Oath unto him and put him strictly to answer whether he will swear or no it is not legal in Law for there is no Presentment nor matter of Record nor due Process against him in that case and to say Will you take the Oath of Allegiance or Will you swear when a Presentment lies against him in another case and he stands at the Bar