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A48311 General reasons, grounded on piety, charity, justice and equitie, against the defaulcation of a fift part of the ministers maintenance who beareth the whole burthen of the ministerial function to any parish or people whereto are added particular reasons upon the like grounds against the payment of a fifth part to Dr. E.H. out of the rectory of Br. in Berks. : together with an answer to a letter of the said Dr. E.H. occasioned by the late insurrection at Salisbury / written by John Ley ... Ley, John, 1583-1662. 1655 (1655) Wing L1880; ESTC R22019 30,927 47

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before the Committee at R. Now since he is known to be so good an Husband as not onely to know his own Estate but how to manage it to his best advantage and to speak as much for his own Interest and to pursue it as eagerly as any man can do that makes not mammon his God none that knows him will ever believe he would have said so much to the prejudice of his own profit if it had not been true and such a truth as he was familiarly acquainted withall and whereof he might be convinced if he should say the contrary 2. From Others I was ready at R. upon the 19th of October 1652. the day agreed upon by the Committee our Judges and the Doctor himself and me the parties for the hearing of our differences to produce my Witnesses for proof that in Wiltshire he had Lands let for the yearly value of about 80 l and Woods upon them worth many hundreds But he knows who would not suffer them to give in their Evidence upon this pretence That the Ordinance allots the fifth part without any exception of other means or maintenance more or lesse though he were so assuredly informed That he could not but believe it that the Committee for Plundered Ministers at Westminster did by their ordinary practice clear the meaning of the Ordinance to be for the allowance of a fifth part onely where other means of necessary Subsistance was wanting and that upon good reason for if a man may have a good Estate of his own and neverthelesse without any pains may have a fifth part of his portion who bears the whole burden of Ministeriall duties in the Church of Hous-keeping and of Hospitality at home and of all Taxes and Impositions for the Publique the condition of many both pains means and charge considered will be better by putting out then theirs who are put in to possesse their places which surely cannot be according to the minde of the Parliament Besides for the Doctors wife and children she being an inheretrix of a fair Estate when her father dieth who is a weak man and well stricken in years if he be yet alive there is no fear of their want though they have neither Right nor part in the Rectory of Br. 2. For the other Reasons That if he had no means of his own he should be no sharer with him in wages who doth all the work when he doth none of it for which it is due Besides the Arguments against the fifth part in general already produced it may reasonably be pleaded in barre to his claim of the fifth part by particular application unto him That 1. If he be not invincibly wilfull against the Government which gives him Protection he may no doubt have employment for his good parts and a competent Salary for the good service he may do in the use and exercise of them 2. If he will not be taken off nor abate any whit of his rigid misconceits and disaffection to the present Government and to their publick proceedings nor forbear to do them as much disservice as he can and dare upon all occasions in private and publique they may think it a matter rather of favour then of rigour if he want to send him for supply to the known Laws of the Land so much cried up by him and his party and they will send his wife and children to the able Gentleman her Father 〈◊〉 their Grandfather for in such a case it is thus ordered by Law The Father and Grand-father Mother and Grandmother being of sufficient ability shall relieve them in such manner as the Justices of Peace in that County where such sufficient Persons dwell at their quarter Session shall assesse Dolt Justice of Peace printed for the Society of Stationers an 1619. p 84 85. But he and his if they were in want being such as they are with such an one as his Father in Law is would finde mercy ready enough to receive them without any order of Justice of procure their entertainment SECT II. Reasons why I should not pay a fifth Part to the Doctor NOw as by what hath been said it appeareth in respect of him That it is not reasonable he should require a fifth Part of the Parish of B. So I shall now give Reasons in respect of my self which may conclude it as unreasonable that I should pay it 1. Though I acknowledge with all thankfulnesse the Parliaments benevolous intentions towards me in designing me to officiate in such places as promised me a very comfortable reward for the work of my Ministry yet such hath been my mishap through others Malignity that I have been a loser by them and so little a gainer or saver by the exercise of my calling for the best part of fourty years together that upon a just occasion though but an unjust surmize of my thriving by adherency to the Parliament I made bold to tell some of the most eminent Commonwealths-men of this Nation That if they would make mine estate as good in Lands as it was before I went to the Vniversity or in money and goods as good as before I had an Ecclesiastical benefit I would serve the Church and State with my best abilities according to my Conscience for nothing as long as I lived Or if they would but put me into as good a condition as I was possessed of before I was driven to flie from all I had because my Judgement and Conscience engaged me to be of the Parliament Party I would give up all I had of their gift without any desire of further Benefit from them Which being true I cannot but so farre confide in their wisdome and goodnesse as to believe they would not have taken a fifth Part from me to gratifie such a Doctor that so little needed it 2. I may be the more confident herein because where I was last disposed of and where for my Settlement there passed an Ordinance of both Houses of Parliament though it wanted a formality of accomplishment by the great Division betwixt the Parliament City and Army which then happened I was so great a sufferer in all kindes by those who hated the Right and Reformation of the Parliament and me for their sakes that if my Cause had been seasonably throughly and truly represented unto them I doubt not but they would rather have awarded me reparations for wrongs and damages sustained then mulct me by diminution of my wages for the work which lieth wholly on me and nothing at all upon the Doctor to perform 3. As it was my losing lot to part with the last Parsonage I had too soon for it was a little before the harvest was ready for the Reaper and so to be m At Astb where upon the death of Dr. Dod the Sequestred Rector by pretence of a Writ De vi laica amovendâ I was violently and illegally put out of possession by the under-Sheriffe but upon complaint to the Committee for Plundered