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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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and to make his appearance before the Honourable Committee to answer for his unwarrantable proceedings against me but upon the request of the high Sheriffe on his behalf and because he pleaded the Obligation of his Oath to serve all Writs that came to his hands I excused his appearance how the Sheriffs great Fee prospered with him for he was either liberally paid or promised for that illegall Act I cannot tell but sure I am they for whom he did it prospered not for he who was the pretended Presentee possessed not the Parsonage and had so much trouble with it as he told me when I left it that he wished he had rather given 200 l then disturbed me in it and he that was really intended and put in in my room was afterward for scandal removed both injuriously and barbarously driven from it without any recompence either of my pains or charge upon it which was very great by House-keeping Impositions and Quartering of souldiers besides that I was forced to put off my stock of Cattel at a low rate which cost me very dear So was it my hard hap also to come to Br. too late when the Doctor had newly inned as his own all the provision of the year past and left nothing for me but ministerial duty and n Chamaelion solus anim alium nec cibo nec potualitur nec alio quàm acris alimento Plin. Nat. hist l. 8. c. 33. p. 118. Chamaelion-diet untill the next Harvest 4. The Committee at R. taking into their serious consideration the necessary supply of him that should undertake the Pastoral Charge made an Order That the Doctor should enter o August 14. 1649. on which day part of their Order was And he is permitted to receive the Tithes provided he give security to the Committee to pay 100 l to the next Minister in lieu thereof in case he be removed which I have attested under the had of the Clerk of the Committee into Bond which he did accordingly for paiment of an 100 l for his maintenance out of the profits of the year precedent which amounted to more by a double advantage both of the value and quantity of Corn then had been known in one year within the memory of man But the Doctor got the Bond out of their hands again by what means whether direct or indirect I determine not but sure I am he is a 100 l the better by having it and I a 100 l the worse by missing of that Summe which should have fallen to my share as his immediate Successour and haply had done if they that put him out had put me in but it is like it was displeasing to some Committee men at R. that they made a Blank at Br. and the Committee at Westminster filled it up and yet I required not a forbearance of the fifth part untill I had paid the Doctor 69 l 12 s 2 d upon a very hard bargain a double price to the just value of many of the things I bought as some of better Judgement then my self and of better conscience then he made the estimation of them and well nigh as much more under the Title of fifths and thereby by the ebbing of Tithes to me which came in with full tide to him and by the augmentation of my charges of several sorts I found my self unable to pay him any more under the name of fifths Yet he complained to the Committee at R. that I had not conformed to their Order therein when I had his Acquittances for receipt of a fifth part for the time past and at that time he could claim no more untill the next Harvest whereof having made due proof before the Committee his Suggestion was found * By the Committee of Parliament for the County of B. sitting at R. the 15th June 1652. This Committee being satisfied by M. John Ley Rector of Br. that Dr H. did mis-inform them touching Mr. L. his non conformity to the Order for fifths the yearly value of the Parsonage It is now thought fit that the value proposed in the letter of the 28 of April last shall be no rule to apportion the fifths And it is ordered That the difference between M. L. and Dr. H. be heard before the Committee on the 20th of July next at which time Dr. H. is to prove the value of the Parsonage by substantial Witnesses upon Oath which are to be of the Parishioners W. W. Major of R. W. St. J. W. G. W. a falshood and I was discharged from paiment according to that proportion which he had procured upon it to be rarated and ratified by their Letter unto me 5. And lastly I am put to relieve and maintain those whom the Law assigneth to me for Sustenance under that Relation which obligeth the Doctors Father in Law to provide for his wife and children if destitute of means and this Charity of the Statute is to take place and be served before that of the Ordinance for a fifth part if none other Objection could be made against it A part of this P●ea put into the Committee at R. moved four or five to consent to order the repeal of the former Order for paiment of the fifth part but he refusing to joyn with his Colleagues though men * M. Stroud M. Nutkins M. Webb M. Wooldridge of eminent Integrity and Godlinesse for Reasons which I forbear untill I have further cause to produce them it was not ●o fully ratified as it should have been in the Tearms and Tenor following By the Committee of Parliament Berks. ss for the said County sitting at Reading the 19th of October 1632. FOr as much as this Committe by an Order bearing date the 8th of March 1649. did assigne the fifth part of the profits of the Rectory of Br Sequestred from Dr E. H. for Scandal in life and disaffection to the Parliament towards the maintenance of his Wife and Children to be paid unto her by Mr John Ley Incumbent there according to Ordinance of Parliament in that behalf Now we the said Committee taking the usual practice of the Honourable Committee for Plundered Ministers both for interpretation and limitation of the said Ordinance in such cases as a warrantable patern to follow who make the Wife and Children incapable of the fifth part where the sequestred person hath a competent Estate for their maintenance and having now received testimony upon Oath that the said Dr. H. hath a temporal Estate in Lands in possession in the County of Wilts of the yearly value of 80 l or thereabouts and woods upon the said Lands estimated to be worth many hundred pounds and taking into consideration that about the time that Dr. H. was sequestred from the said Rectory he entered into Bond to pay an 100 l to the next Incumbent out of his last years profits towards his pains and charges to serve the Cure untill the next Harvest and notwithstanding the said last years profits was
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 and 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 Ministers restored within a fortnight after by an order coming from them commanding the same under-Sheriste to put mine Antagonist out and to put me into possession again and he did so