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A94126 A Supply to a draught of an act or system proposed (as is reported) by the committee for regulations concerning the lavv: wherein are provisoes against several inconveniences which may befall the free-people of this nation thereby, unless seasonably by the Supreme Power, or otherwise prevented. To which is added, a short treatise of tithes, shewing their original rise, to whom due, how they have been disposed of from age to age; with seasonable proposals for the future preservation and advancement of religion and learning, and setling a competent maintenance for ministers and true labourers therein, for perpetual quiet of the nation. Published by divers officers and souldiers of the Commonwealth and Army, being the second part of their antidote and tendered to the same consideration. Leach, Edmund, of London, 1653 (1653) Wing S6192; Thomason E693_7; ESTC R203687 32,930 42

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and use for it And it is thought the more necessary and convenient that this old way the true Labourer to have his just hire convenient to continue for the preservation of Learning which otherwise will decay and the way of true instruction of People in the Christian Religion and the Law fall and with it which God forbid the quiet of this Nation which is doubted will indanger the ruine and destruction of the People here And if Councell should be so restrained would it not be an Occasion of the neglect of Learning and Study and yet to doe as some ignorant Lawyers or Advocates do in the Country where small Fees be allowed in minding nothing but contriving their own Gain and not at all regarding their Clients good in taking such small Fees for every single Question and another such Fee for the same if they forget the Resolution of such Councellor or Advocat in going out of his door and returning again to ask of him the same Question And how long together have any Nation where any such usage hath or Self seeking men only have been governing by Laws made on a sudden continued in Quiet And if Physicians should be so limited and constrained would they regard their Patients or leave them to beggerly Mountebank and Quacksalvers to perish under them And if Counsellors Attorneys and Clerks should as antiently in the times of our Ancestors receive according to their Deserts as after all such unlawfull combinations and practises in Monopolizers abolished they have used many of them having deserved five pounds when others not five shillings and yet have took much more for doing little than the best Deserving have done for doing much Then would not all manner of Learned and Iudicious Practisers which attained to considerable Learning and Iudgment in the Law few or none of which have been heard of to be other than Honest or any Dishonest to bend their minds in studying for any such thing for if those of such Profession according to their respective Numbers should not be as they have been more honest than any Professions of like Number they would soon be found out and by many Degrees sooner than any other of any other Profession and be accounted the worst of Men as formerly willingly give Advice to some Clients that is to say such as have formerly gratified them according to their Deserts without any Fee Gratuity or Reward whatsoever asking or accepting if tendered And have not such learned and judicious Practizers almost alwayes done so when it hath not been like that the Client should have any Benefit in those things for which they have asked Advise And will not such Counsell Clerks and Attorneys thereby grow and proceed to be expert in the Law as formerly and be a means of preservation of the Antient Laws of this Nation being grounded at the first upon the Old and New Testaments according to the Direction of Papa Eleutherius Bishop of Rome to noble King Lucius of this Nation of Britain and first Christian King in the World in his Christian Epistle in answer to the Message sent by King Lucius to him for the Roman Lawes to govern the people of this Nation by putting him in mind that when he was at Rome where he was trained up in the Christian Religion during his youth among the Christians of the Primitive Church in the second Century after the passion of our Saviour with his Christian Brethren there he received the Old and New Testaments advising him that out of the same he his People would take a Law to Govern by intimating to him that thereby he should govern well that so long as he should govern well he was K. otherwise cease to be King And after continued accordingly in the time of Constantine the Great a Native and King of this Nation and first Christian Emperour in the World the Grounds of which Laws have ever since continued by Custom according to the Word of God and so long alwayes accounted good but otherwise not good and so adjudged from time to time And when antiently any thing hath appeared to the Great Counsel here in their judgemēts according to the Light which they had in those times to be introduced into the Laws contrary to or dissenting from the Word of God the same hath been abolished rejected and the Laws according to their Abilities amended and reformed from time to time and all things savouring of Heathenism rejected and not all our Lawes abrogated and laid aside and New made on a sudden which neither could nor can be suitable to the well being of this Nation in many years And to alter or change Fundamentall Lawes here on a sudden excelling others before corruptions crept in may be dangerous to this Nation which hath so long been well governed in Peace and Quiet beyond other Nations may bring the People here to the same Condition as others and subject to the same Calamity and as much threatned to Ruine as Others and therefore is it not convenient that the antient and main Fundamentals of the Lawes of this Nation agreeable to the Word of God may be preserved and those things thereunto dissenting abrogated to continue the same not only from being a Scandall but that the same may be a Precedent to other Nations for their and our Union for a perpetuall Peace and quiet living of them and us in Amity for their and our preservation in the Christian Religion against all Opposers whatsoever For effecting whereof omitting all which may stop stay smother or bury in obscurity any good things hope is in the honourable the Committee of this present Parliament for consideration of the Proceedings in the Law c. to perfect after serious consideration and mature Deliberation had of things proposed in their Judgement necessary to be Enacted before they present the same with their many good things which as is said they have in readiness to the Supreme Authority of this Nation the Parliament of England being few things new invented can be perfect at the first that the same may remain as a Memorial untill the coming of our Saviour Christ in Glory And that as this Nation hath been honoured with the first Christian King Emperour in the World so it may with the true and purest Reformation of Christian Religion and most quiet Government A short Tract of TITHES To whom Due c IN the Infancy of the Church after the Passion of our Saviour till about the end of the lives of the Disciples and Apostles all things were common among some * But that was onely voluntary in times of great Tribulation of Christians when they close adhered to the Apostles for advice and protection and there is no Command for the continuance thereof neither ought the same to be drawn into Example for any such purpose since Christians have had the Government among themselves and not under Heathenish Persecution yet many unstable people in this Nation would have
cause twelve persons to be sworn to deal uprightly touching the apprizement of those goods and giving the parties who distrained them just satisfaction out of the value of them according to their best skill and judgement And the parties so sworn shall thereupon make apprizement of the goods and likewise set what is due to the party who distreined them with his damages and full costs and the charges of the following of the Distresse And the Sheriff shall thereupon sell the goods and by the price pay the party distreyning his full debt damages and charges so found by the Iury if the value will extend thereunto and if there be a surplusage to restore it to the owner of the goods all but his own Fee which he is to retain and shall in a Court cause the apprizement and distribution of the money to be entred And these proceedings to be finall without further question to be had in Law or Equity But may not there be Error or cause of Attaint or an Appeal in this as well as in any other cause although the first part of this is like to be a very good course And in such case it is just that relief in some way should be to the party grieved And another of them as is also reported is That an Assignee of a Debt after Entree of it in the Registree shall be enabled to sue for it in his own name But yet it is hoped that such Proviso will be made that no unlawfull maintenance may be introduced whereby any may be deprived of any just Debt or the Debtor thereby disabled to satisfie his former reall Debts And that the Debtor may first pay off all he oweth upon matter of record appearing to be due or entred in the Registry c. before any such Assignmēt shall be available And that such Assignment if it shall after appear to be fraudulent or for a feigned Debt or upon any matter fraudulently devised shall not be available against any Creditor for good or valuable consideration Another of them is given out to be That an Executor or Administrator may pay a Debt without specialty due by the Testator or Intestat before any other Debts upon specialty or upon Iudgment Statute or other matter of Record to the Common-wealth or to any other person if the Executor or Administrator shall not have notice of such other Debts Without any proviso or limitation of time after the death of the Testator or Intestat to give such notice of which it is hoped that due consideration will be had that the Testator or Intestat continuing a wicked avaritious or a Heathenish or Atheisticall life and condition Divers before alteration of their Wills or Testaments and many of them before the making of any being too many may not contract fraudulent or feigned Debts in such secret manner that it cannot be discovered which hath been too frequently used and thereby many defrauded of their just Debts and Demands or that notice may be in such like case in like manner as hath been written and lately published in print Another of them as is said is That if any shall send a Challenge or Duell to any and he accept it both of them to suffer death the one for sending the other for accepting and the Messenger to lose his hand A doubt in this may be of occasioning Assassinations by the parties which shall so send such Challenge Another of them as is said being For erecting of new Courts of Record and Iudicature in all Counties of this Nation consisting of five Iudges in every of the same whereof one of them at least to be a Counsellor at Law without respect of the greatnesse of some and smallnesse of others of those Counties or of the multitude of People in some of them and the paucity in others of the same And that Iudges shall be tyed to often sitting without adjournment above _____ times in the year and not above one week at a time which course it s feared will be very chargeable and little amend the former chargeablenesse of the proceedings in the Law for t is like that no Counsellor will be willing to neglect forbear or forsake all his practise during the time of three years together which he must do if he be and sit as a Iudge without good allowance or salary And how then can any councell be found to be Iudge and is it not convenient that Councell be versed in the Practick part as well as the I heorick of the Law be●ore he can be able councell to be a Iudge and will any other Gentleman in any County undergoe such trouble and charges which they necessarily must do if put upon such imployment and forbear the most part of their domestick and necessary affairs during that time without some recompence and not altogether to be at their own charges as Iustices of Peace which are not tyed to such care duty and attendance in such troublesome and chargeable manner by many degrees Another of them being as is said That no Attorney shall take above 6 s 6 d. for suing out the first Writ drawing copying and ingrossing the Declaration including the fee for the Plaintiff And the like for Appearing putting in a Plea either Generall or Speciall Copy of it and the fee for the Defendants Attorney 3 s. 6 d. at a Tryall or Writ of Inquiry and the like for prosecuting and suing out the first Execution And that no Attorney shall receive any fees exceeding 10 s. in any one cause besides the forementioned and some other small matters or to such effect and yet shall continue and use his best endeavours to bring the Cause to a speedy end or otherwise shall restore all the fees which he shall receive In which if it be ment untill the mony be paid or satisfaction given to the party much inconvenience may be for the Declaration may fall out to be special upon some contingent occasion for which no precedent hath been and it may be necessary that many long recitalls of severall Deeds Escripts Minuments and writings parcels and particulars of goods and sums of mony accompts and severall times and places of acting diverse things which will require two days time of study writing and pains about many of them and necessarily may be very long many of them 40 or 50 sheets of paper and some of them more and the like concerning speciall pleadings And if some short forms of pleading as is said be proposed should be only used of which herein more is written then it is thought necessary to set down and expresse in writing what matters only shall be insisted upon to be proved or given i● evidence at the Triall and a coppy thereof to be deliver'd to the adverse party or his Attorney a convenient time before the Triall to consider of drawing up bills of Exceptions Demurring upon Evidence or praying a speciall Verdict otherwise the poor Defendant may be triced and deprived of his
of Covenants only setting down the Breach and the date of the Indenture but not wha● the Covenants are whereby the Defendant is left in the same case as before is mentioned and besides most commonly a Defendants taketh no counterpart of Covenants and likewise the breach may be of covenants in a Deed Poll whereof no counterpart useth to be made and thereby how can a Defendant defend himself against a thing falling upon him from a place out of his sight Another L.SS. A. complaineth of B. for that A. being a tradesman the said B. the _____ day of _____ spake these false and scandalous words of him that is to say A is a Bankrupt to his damage of _____ without mentioning of what trade the Plaintiff is or upon what occasion the words were spoken that the Defendant may be provided to bring his witnesses if he have any to counterprove the trade if certainly layd as well as the manner and occasion of speaking of the words in which the Defendant will receive prejudice if the Declaration should be so generally laid and be put upon diverse inconveniencies as before is mentioned for he may be a tradesman and yet neither buy nor sell or at least not buy upon trust which few handicrafts men do to any considerable value and the words may bear actions by reason of many circumstances without which they would not lay Other Presidents is said there be so proposed the observing of which may tend to much intricacy but very few not near so many as will be necessary to be used for which there be very good old Precedents in which most as is conceived is necessary and little surplusage in them and besides many actions upon the Case be new Precedents and divers others for which no Precedents can be contrived before they happen so that upon the whole matter the old way and course concerning these things is conceived to be the best but with this that if any shall put any apparent unnecessary surplusage in any Declaration Bill or Pleading he shall be alowed nothing for such matter And if no other formes should be but such as is so proposed as is said shall not the Defendant then be as a man alone brought sent put or left without Arms or Ammunition in the field to fight with or defend himself against another armed with severall sorts of weapons and company Another of them as is given out being that no Attorney should be admitted to appear for any person untill oath be made of serving of a summons unlesse he make oath before the chief Clerk that he had order from his Client to appear and produce a warrant to the chief Clerk under the hand and seal of the Client Nor shall any Attorney confesse Judgement in any cause and if the Attorney shall appear without Warrant from his Client or confesse Judgement against his Client to suffer punishment And if it should be enacted in such manner without any further provision or limitation together with laying aside all penalties which is hoped is not intended though it is said it is proposed then would there be four times as many Trials as formerly usually there have been about six Judgements being usually entred to one Triall wherein neither partie to the Sute have been at Charges of Counsell as they usually are at Trials and Enquests of Office which is doubted will continue the charges in Sutes at Law as high as formerly if not increase the same but there being so much already written and long since published in print abroad concerning these things And examination of Witnesses For prevention of perjuries and excessive charges in Trials and abatement thereof For sale of Distresses taken for Rent For enlarging the Statute for tender of Emends for Trespasses and that it may be in Replevins after Cattle in Pound and for goods and chattels after the same taken into custody with damages and costs to the time of such Tender And of Motions and Orders Undue Courses of Jury-men by receiving Rewards For procuring speedy appearances at small Charges Prevention of Arrests without cause For Relief of Creditors against wilfull prisoners poor prisoners against merciless Aversaries Excessive Charges by Bills and Answers c. Frauds by Monopolizing Officers and Attorneys For an easie way without charge to either party Electing or to be Elelected and without favour or affection or fear of any person for election of future Parliaments or Representatives Relief of honest Executors and Administrators against payments of Debts and Demands out of their own Estates due from Testators and Intestats more than the value of the Goods or Chattels of the Testate and Intestate which shall come to their hands and of Debts not due and of Creditors against dishonest and fraudulent Executors and Administrators For preservation of Shipping from wilfull destruction by deceitfull persons to defraud Purchasers and Creditors of their Ships For compelling of Defendants speedily to answer when the Plaintiffs Witnesses be sick or going beyond the Seas and such Witnesses immediatly to be examined for speedy appearance upon serving Writs or Warrants in Chancery or to have Decrees within a short time for Default thereof For enabling a Conusor or Plaintiff in a Judgement or Statute if he will to make his Entry and Claim and then bring his Action for Recovery thereof which he is driven to after with much Trouble and Charge about Executions concerning the same And for Recording and Registring of Deeds and Conveyances Judgements Statutes and other Incombrances upon Lands and Tenements For prevention of Frauds and Deceits in Sales and quieting of possession of Purchasers And for enabling Creditors to have the benefit of Coppy-hold and Intayled Lands and Tenements for their satisfaction as far as may be conveyed by Surrender or cut off by Fine or Common Recovery And of all Chattals Reall as well as Personall it is forborn further to write of or concerning those things And as concerning the necessary continuance of Writs of Error in some cases which as is also said is proposed to be taken away which if it should happen is doubted will be an occasion of Appeals if any shall be to run to Infinites in such manner that it will be impossible to have any considerable number of any Appeals to come to a period by that time as is given out is proposed concerning the same but that the same rather will remain severall years undetermined And as concerning divers other things necessary to be taken into consideration they being ready written to be published in convenient time it is forborn further to mention any of them Another as is also said is to the effect That Distresses taken for live goods preserved by the space of ten dayes and not replevied and of dead goods not replevied in 15 dayes may be sold which shall be in this manner that is to say The party distraining or some on his behalf shall acquaint the Sheriff therewith who shall at a Court c.
just defence when his cause is good and be overthrown against all right and reason and is not this as convenient to be done and put into writing as upon General issues pleaded according to the new Act which as is reported is proposed with a prescription of how many things only shall be insisted upon at the triall which is thought to be very well done And w●ll it not be as convenient or much more to have the body of the Declaration according to the old antient Formes or Precedents contrived at first by very learned judicious and conscientious men at the request or appointment of our ●ncestors for the quiet of themselves in their times and us their posterity after them in avoiding of vexatious unnecessary troublesome trivilous and chargeable sutes which is conceived by many are more like to encrease than abate if those laudable Forms or Precedents should be laid aside And will it not be as chargeable to have such things put into writing at last as at the first And will not the Defendant have the better time to defend himself if done at the first and will it not thereby be discern'd whether the cause be good or not and save much charge before it proceed and many frivolous and unjust sutes then die in the breeding and thereby Suters have the better content And if the matter should be put off to the last before it should be put into writing that is to say untill a Demurrer upon the Evidence the finding of a speciall Verdict or Bill of Exception will or can any be found or heard of after a small number of years to do or draw the same And will not then Learning Knowledge and ludgement in the Law be at or fall to a very low ebb And will not then many Suters be much prejudiced or wronged by reason of many of their just Causes going against them contrary to all right and reason And will not that endanger such things as here in another place is mentioned And if a stranger should have a Cause Tried and goe against him would it not be a better satisfaction to him and his Countrymen to whom he should shew his Cause to see the Cause appear in writing that they may know the justnesse of the passing finding and judging the Cause against him than to have the matter stood upon to be blown away or vanish in the Air or be as obscure and mysticall to him or any of his Countrymen as if it were in the Clouds and be an occasion of suspition in them of some unjust carriage in the businesse And what danger such obscurity may be to the alienating of the affections of Strangers to the people here many make doubt And as for having such to be Clerks or Attorneyes in the Innes of Court or Chancery as many have been and as is said is proposed should be and none other how can such be expected hereafter will any be at the charge to train up their Sons that way or will any bend his studie to that which is most difficult and troublesome and chargeable and so difficult that few who have long studied in the same have attained to any considerable perfection knowledge or judgement therein And none can be good Clerks in the Law without it or any Attorney considerable by which after he shall perceive that he shall not be allowed to live or so much as be recompensed for his pains in any considerable manner no not so much as a Cobler or Porter in their wayes and yet to be censured in their reputations as to have been as bad as if some of them had acted such things for which ignominious penalty as is reported is proposed to be imposed and for such things as were never heretofore done to the discouragement of Clerkship and all manner of learning And how can it be imagined that any such should subsist in these times if he must not take so much nay not half so much as in antient times when they might have had better Diet by the Week for 2 s. and 6. d. than for 10 s. in these Times for studying contriving and drawing of pleadings that is to say Bils Declarations Answers Pleas Speciall Writs Speciall Verdicts Bils of Exceptions Demurrers upon Evidence c about the studying and contriving of many of which to doe the same aright the time of a day or two or more may be required and yet the Declaration when done very short not above one two or three sheets of paper although some of the same may be very long as herein is mentioned in another place which trencheth most concerning Speciall pleadings for which some Councell and Clerks have deserved sometimes 5 li. when as others have not deserved 5 sh Which things proposed if they should take effect is feared will be an occasion of the perishing of causes which shall happen to be difficult being most cómonly concerning weighty affairs causes of great value for few or none will undertake to meddle with them when they shall perceive that they shall not be paid near to the worth of their pains But in easy and petry Causes it is like to fall out that many will have great gains and more than formerly for doing little And if some Proposals take effect given out to be proposed concerning Paupers are not Counsellors and Attorneys like to be troubled with many more Sutes in form of poverty hereafter than formerly they were which will take up much of their employment And are not Attorneys like to have much more trouble turmoyl travel in difficult cases which are like to be put off frō Trial one day appointed after another by reason no Provision is made for examination of Witnesses dwelling or residing in places far distant frō the places of Trial For which if provision were made according to some Propositions formerly published in Print great quiet would be in this Nation and Trials abated Perjuries seldome committed and Verdicts found and Iudgement given to the content of most and at small charges And yet such Attorney unlesse he be as it were a slave to his Client must restore all the money which he received as is given out is proposed which is like will cause all Attorneys of ability to be weary of and forsake their practise in a short time and leave the imployment about such things off to such as will deal as bad as Monopolizing Attorneys that have bought their places or crept into the same by Gratuities or Rewards have done in betraying their Clients causes by reason of bribes or Gratuities received of or from the adverse party which they frequently have practised For if such Monopolizing Attorneys be not waited or attended upon by the Suter their Solicitors Friends or Servants they usually permit good causes to perish and seldome or never have used to send to their Clients for to come to them or send instructions to prevent any danger so that upon the whole matter it may easily be
consume all or a great part thereof and in some Corporations or Colleges and such like places with which some of the same have been held those persons therein Living upon the same thereby have been so full fed that they have betook themselves to Idlenesse and lasciviousnesse and in some of them to the most Abominable Odious Beastly Unnaturall and Cursed sinne of Sodom * An example for this of many in Eminent Colleges now forborn to be named And yet some have desired the continuance of the same as the most equall way for the Comfortable Maintenance of a Godly and conscientious Ministry although it hath appeared that the same hath gone to the Maintenance of Catterpillers and Locusts as bad as the Abbey-lubbers or Drones before mentioned and the Poor Vicars divers of whom have been very honest and written and published pious and learned Books and took most pains in the Gospel lived very poorly and some of them in great want notwithstanding all their care taken for the feeding of their Flocks when such Locusts and Catterpillers have out of their fat Benefices betook themselves principally to Drunkennesse Beastliness Sottishnesse and Idlenesse and yet Domineered and Tyranized over such poor Vicars having been as diligent as Saint Cyprian and other antient Fathers of the Church who lived in Poor Wattled Cottages and fed sometimes only upon Pulse before Poyson was put into the Church by large allowances which began to multiply together with Pontificall Titles about the time of Phocas the Adulterer and Usurper who Murdered his Master Mauritius the Emperor his Empresse and Children and by the help of Boniface the third then Bishop of Rome in gratifying him as a Pontifex Universall Chief Bishop supreme above all other equall with Rome before and generally the whole Clergy with large allowances obtained the Empire and reigned like a Murderer as did his Successors after him by one of whom himself his Wife and Children were slain untill by the Popes they were outwitted and Outed of their Regal Power in Rome who after did the like or worse using not only all fraudulent dealing but Sodomy and Sorcery and by those means about the same time did Tithes generally begin to be paid but not to the Parochiall Priests untill the time of King John before mentioned being hundreds of years after which have continued so long in such manner that some not very knowing we will not say altogether ignorant have Idolized the same so far that they have cryed them up to be due by Divine Right and admitted of the claim of them from the Levites among whose Tribe out of those besides Priests as Namely the holy Butchers for killing and dressing of the Sacrifice fit for the Altar the holy Wood mongers for provision of Wood about the same and the holy Porters for bearing the Arke for none other but men then being or accounted holy might meddle with such things besides others which in the written word of God any who have read and desire the understanding of the same may with ease understand for the maintenance of which there is no warrant for there was a particular command from God for payment of Tith to that Tribe and none for the payment of any such thing to any since and by what right any one can claim the same they seek far to find it to be due by Divine Right and others have been so simple as to derive the payment of the same from the payment of Tithes by Abraham to Melchisedeck which can be made appear or thought none other than a voluntary gift to one that in those times some wayes though not revealed had a right to or deserved the same for some good deed done and it cannot be imagined any other than that the same if not so given was only a Gratuity or deed of Charity by our Father Abraham or that he had a secret command from the Almighty for rendering the same as to the Priest of the most high God but cannot with Equity or any solid Iudgment be drawn into example to be paid to Drones or Locusts in these times of their permission in severall places And for mainteinance of the same divers when they have been convinced in the by-gone things before mentioned have been of such affectionate Opinion or so seemed or made shew as to say and divulge that although the same should be taken from errable Lands and such like places where much labour and travell hath been in Plowing Sowing Manuring and buying of Compost or Manure and Rent and otherways and consideration had of their one only considerable Crop in 3 years against exacting of Tithes out of which divers have complained and Petitioned yet would not that be beneficiall to any poor Countrymen who have taken or shall take such Labour Travell and Pains and be at such Charges but that only the benefit would redound to the Purchasers and Landlords in the rise and improvement of Rents or otherways which every conscientious judicious man knoweth to be otherwise for can any man imagin that such Heathenisme is intended or any other thing but that there shall be a Competent Maintenance for a Godly and Conscientious Ministry and is not that most convenient to be imposed upon such things which use to be Tithable and what cause then can there be of increase of Rents but that something accounting one thing with the other equivalent to Tithes should goe out of the same and otherwise for good purposes and not for the maintenance of Locusts and Catterpillers for if the people and their Children should depend only for their Teaching and Instructing upon such Tith-takers as for the most part have been they having been accompted the most vitious of any sort of men according to the respective Numbers they may be as ignorant as any Heathens for ought any of them have had or could have of such Locusts or Catterpillers for such as have been intent and desirous to be instructed in true Holinesse and Righteousnesse and have thirsted after the way of Salvation have been constrained according to their respective Abilities to contribute towards Maintenance of Godly Conscientious and sincere men Learned in the Written Word of God to instruct them in that way and those who have received Tithes have not benefitted them at all but have wasted consumed and imployed the same in such courses above mentioned which they have practised and mispent the same as bad as the Heathenish Priests who before received Tithes and sacrificed to Devills Idolls and Oracles * See the History before mentioned And further as for the losse of Such who may be damnified by the taking away of Tithes that is like to be the losse for the most part of such by whom and their Ancestors they have been long enjoyed and therefore such in Equity ought to expect little or nothing for forgoing the same in respect of the low Rates which they have paid for them at the first regard being had to