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A60656 The standing truth in which may be seen how every ones house is ordered and how their families are provided and what peace they have in their dwellings and whether they be Christians or infidels ... also a narrative of the some unjust and cruel dealings by William Pocklington of North Collington ... against William Smith of Besthorp ... / which are published in love to all people by William Smith. Smith, William, d. 1673. 1663 (1663) Wing S4334; ESTC R23653 28,425 37

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cool in their love and in their zeal and were not so liberal in giving as sometimes they had been then the Pope decreed a Law and by that Law gave his Priests power to compel the Tenth part of increase from all People generally which before was but a free gift from some as may be seen more at large in the History And here was the first ground of Parishes in England and out of which Parish Churches are sprung which People now make so much to do about And here also was the first Law for compelling the payment of Tythes And after process of time it came to pass that the Popes power was denied in England then what had been gained unto Abbies and Monastries with a great part of predial Tythes was disposed into a general service by way of Sale and so became converted into the hands of Lay persons who were called Impropriators And here is the ground from whence they rise and all the right they can claim originally for their Tythes And now Whether the Parish Churches and Tythes and Worship which are practised in Parish Churches have a sound root let all moderate People consider And whether their ground be sufficient for any man to persecute another either for not paying Tythes or for not going to the Parish Church or for not Conforming to the Worship which there is practised And how People can stand by these things and yet profess Christianity And whether they do not stand upon a slippery place let them all consider But many are come to know the Lord Jesus Christ and by his power are redeemed out of all Inventions and Will-worships and are made a free People in his Life and Wisdom and he over all is exalted and his Kingdom is set and standeth firm in which is Righteousness and Peace and Joy for ever And now the root of this matter being found in a corrupted earth the fruit of its nature hath its perfect savour and many have tasted of its bitterness from time to time until this day and there hath been since the first Institution several Laws made for the continuing of the payment of Tythes in general yet by all the Laws in that case made the recovering of Tythes was referred to the Ecclesiastical Courts and by Ecclesiastical Judges and not in any Temporal Court whatsoever as in divers Statutes for recovering of Tythes may be mentioned One in particular I shall quote namely 3. Edw. 6. Chap. 13. And that it shall not be lawful unto the Parson Vicar Proprietor Owner or other their Farmer or Deputies contrary to this Act to convent or sue such withholder of Tythes Obventions or other Duties aforesaid before any other Judge than Ecclesiastical By which it doth appear how much innocent People are this day wronged in that case who are sued for Tythes by original Wirts out of Temporal Courts and likewise how much they are wronged through the practice that is used in that Law and how many this day lye in Holes and Prisons because the Practice of the Law hath been made a snare unto them so that they could not proceed in their own case as of right they ought to have done and this is manifest in many particulars a few of which I shal briefly instance 1. To be arrested by a Sheriffs Warrant grounded upon an original Writ out of any Temporal Court and by that Warrant the Sheriffe is to have the Body of a man in the Court at Westminster such a day as is expressed there to answer the Party who hath ought to plead against him and then the Body of that man to be cast into Prison and there kept and not brought into the Court by the Sheriffe according to the Warrant is a practice through which many innocent People suffer this day in a deep manner and is a practice that stands wholly in deceit lyes and hypocrisie 2. For a man to give Bond for his appearance upon his arrest and he doth appear accordingly and in the truth discharges his Bond yet notwithstanding his appearance will not be accepted to be good in Law though by the Law it is onely sufficient and then to proceed against him upon forfeiture of his Bond when in the Truth and also according to Law he hath really discharged his Bond this is a deceitful Practice and through this Practice many innocent People have suffered 3. To be Subpena'd into the Exchequer and commanded to appear there in a man 's own person and when he doth personally appear then not to accept his appearance to be good in Law and in that case to proceed against him as an offender and to cause his Body to be arrested and imprisoned for a contempt when he hath truly answered what he was commanded this is a practice through which many innocent People do suffer 4. For a man to give his own Answer unto any Bill exhibited against him and to answer it in the Truth and to tender his Answer to the Court and that Answer to be refused as not being sufficient in Law when it is a man 's own Answer who by the Law is required to answer and no Law that enjoynes him to answer otherwise and notwithstanding his Answer truly tendered yet to be arrested and imprisoned for a contempt when he hath observed the thing commanded this is a practice through which many innocent People suffer 5. To refuse an Answer as insufficient because a man cannot swear unto it though in it self it be really true and then to cause that man to be arrested and imprisoned for a contempt when he hath tendred a true Answer this is a practice through which many innocent People suffer 6. There being no Law in force by which any Temporal Court can receive power to proceed in the case of Tythes it is wholly insufficient on their part who put such things in practise through which practice many have and do very deeply suffer Therefore who are yet in suffering for Tythes and remain in Prisons upon the account of such proceedings in any Temporal Court they ought by the Law to be forthwith discharged and released and not only so but to be repaired for their great sufferings loss and damage which they have sustained by such illegal proceedings and deceitful practices through which many have suffered to Death others to the great loss of their outward Estates and others to the decay of their bodily Health by being so long continued in hardships who are men of ability and repute in their Country and Liberty may be justly challenged and demanded touching all that yet do suffer upon the account here mentioned and also for these Reasons following 1. Because many who are in Bonds this day were cast into Prison by Writs original from the Temporal Courts whose Authority was upheld by Oliver's Power and now his Power being disanulled and all that was acted and done by his Power made void by this present Power and is now judged ineffectual to all intents