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A88096 An acquittance or discharge from Dr E.H. his demand of a fifth part of the rectory of Br.in Barks. Pleaded as in a court of equity and conscience. By John Ley preacher of the Word of God there. And now published. As l. Part of an apologie for him against the doctors defamations of him at Oxford, and elsewhere. 2. As a preparative to further contestation with him about other differences betwixt them. The contents whereof follow next after the epistle dedicatory. Ley, John, 1583-1662. 1654 (1654) Wing L1868; Thomason E816_13; ESTC R207364 30,875 47

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them though they were admitted to their Benefices but by the Right of particular Patrons and should not the Parliaments Patronage bring with it as great a priviledge to their Chaplains as that of private Patrons to the Clerks they present SECT IV. The third Reason taken from the manner of our Admission into the Pastoral Charges of the outed Ministers compared with theirs 3. THat our Condition should not be worse then theirs we may I speak sometimes in the Plural number because my case is not singular many being in the same condition and I presume in these considerations consenting with me I say alleadge the different manner of our Admissions to our respective places and that in two particulars 1. In the Trial and Examination of Ministers before their Admission into their Incumbency which was nothing so strict and exact in former time as in the way prescribed by the Parliament 2. In the freeness of their Patrons benevolence without any Exaction or Expectation of any profit yea without any suspition of Simony either express or implicit which was so familiar in former times betwixt Patrons and their Clerks that there were few presented whom secular gifts did not make more gracious in the eyes of their Patrons then Spiritual which if it were known the Clerk was to be turned out of his Benefice and the Patron to lose his next turn of presenting In these respects our entrance being more fair and free from just Exception and Suspition then theirs I humbly conceive we should enjoy our places at least with as much freedome as they have done SECT V. The fourth Reason taken from the Aphorism of our Saviour The Labourer is worthy of his hire Luke 10.7 4. WHere our Saviour saith The Labourer not he that laboureth not is worthy of his hire Luk. 10.7 he meaneth That he that doth the whole work should have the whole wages and this is as just as that he that hath the whole wages should do the whole work Though the time hath been before the Parliament called in the last Kings time that many in London especially took the whole pay of Parsonage and would do but half the duty of a Parson or Pastor preaching at most in the forenoon of the Sabbath day and putting the Parishioners to pay for the afternoons Sermon upon another account for they were fain to take it as a courtesie that their Parson gave them leave to choose a Lecturer and to pay him themselves for the performance of that Service which belonged to his Office in his own person if he were able to undergo it for he was to use double diligence according to that of Solomon In the morning sowe thy seed and in the evening let not thy hand rest for thou knowest not whether shall prosper this or that or whether they both shall be alike good Eccles 11.6 if not and the means were competent he was to bear the charge of his assistants Service but no body should be compelled to pay to him or his that assisteth not that doth no Service in the Office for which a Salary or Maintenance is assigned SECT VI. The fifth Reason taken from a comparison of the condition of the Wife and Children of the outed Minister when he is alive and when he is dead 5. IF the outed Minister be justly put out and another as justly put in by the Supream Authority though most offenders will be rather querulous then quiet under the justest sentence that is or can be passed upon them it cannot but appear just to allow the entire maintenance to the Incumbent Minister as well while the Delinquent liveth as when he is dead in which case the fifth part is neither allotted by Authority nor looked for by their widows or fatherless children yea rather while he is alive then when the case is so far altered with him as to be sequestred not only from his super-intendency over a particular Parish but from all Society with the whole world and that for two Reasons 1. Because mortui non mordent being dead they can do no more hurt but while they live their repining at the power which took their Benefices from them their envy at those who are put into possession of that they have forfeited and their inordinate zeal for restitution of a contrary Authority whatsoever it cost either in bloud or treasure and the like degree of superstitious devotion to the Service-book and corrupt customs make them sometimes boldly and busily to bestir themselves to cherish the like disaffection to the present State and fond affection to the former in the people and so to harden them against the Reformation both Ecclesiastical and Civil as also to make those odious unto them who in compliance thereto out of conscience officiate contrary to their affected forms and prejudicating fancies wherein some have done more disservice to the present Government rambling about to make now proselytes and to confirm old Malignants which they do so much more busily as they have the lesse to do and the more boldly as they have the lesse to lose then they could have done when their constant Ministry was confined to one place for so their corrupt Doctrine was but as the poisoning of a Pond or Cistern whereas now some of them take leisure and liberty to poison the chief fountains in the Land with superstitions unsound and as far as they dare seditious doctrine 2. Because while they are living though the wisdom of the Parliament hath thought it fit to cut off all hope of restitution to the same Churches sequestred from them they are not out of hope of maintenance especially since the Engagement is laid aside if they do not wilfully persist in their opposition to the State and Reformation proposed for some of them e Isocrates gained more silver by teaching of a School then ever any professour did so that he was able to defray the charge of a Galley at Sea Plut. Morals in the lives of the 10 Orators p. 924. Isocrates-like by teaching of Schools have thriven more by what they have gotten and saved that way living in a more private and lesse expensive manner then when they possessed their Benefices and bare the burdens incident unto them Some again have gained more by preaching without them then when they possessed them And some I am sure have been put out of a small Benefice and upon taking the Engagement have been put into a great one so that they may say as f Plutarch in the life of Themistocles p. 131 Themistocles to his sons My sons we had been undone if we had not been undone So they We had been impoverished in our small livings if for our opposition to the Parliament we had not been put out of them and by compliance with the Parliament whether sincerely or deceitfully they cannot tell we had not been placed in such as are better SECT VII The sixth Reason taken from the ill Use our Adversaries make of the
parts for their Portion then a fifth only which they might have if the State have no Just Cause to be Jealous of their peaceablenes or loyalty by being admitted to other places for as to the same it is like our pious and prudent Superiours are most of them of the late Earl of Kent his mind who as I have heard him say was resolved so far as he had to do when he was one of the Lord Keepers of the Great Seal that he would send them as far as the distance betwixt East and West North and South rather then place them in the Parishes from whence they were removed But for my self I am so farre from hardning my heart against the grievances of any of my godly Brethren who suffered any hard measure under pretence of Reformation or Propagation of the Gospel that I heartily wish the Declaration lately published under the Title of Gemitus Ecclesiae Cambro-Britannicae may be seriously considered and enquired into and if the complaints therein be true that due and seasonable redress may be applied unto them And if the State had been pleased to allow any of them whom they have displaced a competent maintenance out of the Bishops or Dean and Chapters Lands to which the Offices put down no personal service is annexed c Cambd. Annal. Eliz. lib. 2. pag. 56. as Queen Elizabeth did to Abbots and other Ecclesiastical persons out of their confiscate Lands and other Revenues their charity towards them had been as I conceive not only lawful but commendable or had they made a rate for their charitable relief as for the Taxes or Impositions which are general all over the Land I should willingly have born my proportionable share with those who are bound to charity as well as my self or had they put but one or a few Delinquents upon our whole Tribe to be maintained as Solomon is supposed by some to have done by d He was not to live upon the Levites portion but was consined to his own fields in Anathoth his own not in common with others but proper and personal as his own Inheritance So Mr Gillespy in his Book called Aarons Rod Blossoming in Append added to the first Book pag. 138. For though the Tribe of Levi had not a part of the Land of Canaan separate or set apart by themselves as the other Tribes had yet upon extraordinary occasions it might and sometimes did fall out that some might have peculiar Interest in particular Lands not only since they lost the Land of Canaan as Joses surnamed Barnabas a Levite had and sold them Act. 4.36 37. but before that time as Jeremy who was of the same Tribe as Dorotheus writeth in his Book of the Proph. c. added to Euseb Socr. and Evagr. p. 527. who bought a field of Hananiel his Uncles son Jer. 32.9 Abiathar 1 Kings 2.26 though I conceive it is their mistake I should not have thought it a just occasion of complaint But that it should not be imposed upon every one severally to pay a fifth part of the Revenue belonging to his Pastoral Charge I hope I may have leave to assert upon the Reasons ensuing SECT II. The first Reason taken from the Necessity of Ministerial Service in the Sequestred Benefice and from the Parity of the Ministers Case with others on whom no Paiment of a fifth Part is imposed 1. THough they and their Abettors account such as are placed in Sequestred Livings Intruders into their Rights they may hold themselves fairly and justly possessed of them for when a place of Office is made void whether it be Civil or Ecclesiastical which necessarily requires an Incumbent upon it to officiate and the Party put out is disabled to do any Ministerial Duty in it it is lawfull for another to supply his place especially in a Pastoral Charge that Gods Sabbaths may solemnly be observed and the people spiritually provided for that their souls may be saved which must be done whether the Minister were injuriously ejected or not and Beneficium belonging to Officium the reward the whole reward is due for the whole work to him that doth it But if the party be put out for criminal miscarriage as the Sequestration is more Just so is the Entrance of another into his place more justifiable Especially if he had no hand either dirrctly or indirectly for his putting out Upon this ground such as have possessed Civil Offices as the Keepers of the Great Seal Judges Recorders of Cities and Towns corporate Heads of Colledges Halls Hospitals in the Universities and elsewhere as also Military Officers who possess the places of cashiered Commanders have never been charged with paiment of a fifth part to their predecessours wives and children though those that were put out had as much need and they that succeeded them had as much means to relieve them in their wants as Ministers have and for the most part much more and they may crave and hope also to enjoy the same immunity with them unless some colour of reason may be rendered to the contrary which they cannot answer SECT III. The second Reason taken from the Preheminence of that Authority which appointed us to be Incumbents above that of private Patrons 2. THe next consideration for Exemption from this Charge is of the preheminence of that Authority which appointed the substituted Incumbent above that of private Patrons which is the same by which setled and itinerant Justice is administred mens lives and livelihoods disposed of all matters of peace and warre ordered and managed throughout three populous Nations by whose power the people are protected for the safety of their persons and propriety of their Estates and but for which whatsoever is pretended for another Title we might come under more calamity by Anarchical and Democratical confusion then by Monarchical or Oligarchical Tyranny Taking those who have such predominant power for our Patrons we may we hope desire deserve and expect as much priviledge and protection as the Clerks of private Patrons have enjoyed who were never compelled to pay a fifth part to those that have been put out upon the death of the outed Minister though liable to no manner of Exception either of Insufficiency Negligence Scandall or Disaffection to the present Powers and it should not be forgotten and being remembred it may stop the mouths of such as are apt to clamour if the fifth part be denied them that Bishops when the Church door keys hanged on their girdles suspended ab Officio Beneficio divers of the most learned godly and conscientious non-Conformists of this Nation meerly for scrupling a superstitious Ceremony which themselves confessed at the best to be but a thing indifferent and oft times absolutely deprived them of their Benefices and instituted and inducted others into them thereby cutting from them all hope of recovery but allotting no portion at all for supply either of them or their wives and children So that the Benefit came in entire to