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A75811 The Christian moderator: the second part; or, Persecution for religion condemned by the light of nature. Law of God. Evidence of our own principles. With an explanation of the Roman Catholick belief, concerning these four points: their church, worship, justification and civill government. Whereunto there are new additions since the octavo was printed.; Christian moderator. Part 2 Birchley, William, 1613-1669. 1652 (1652) Wing A4246; ESTC R225799 36,103 34

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poor orphan into their charitable consideration whereby the extremity of the Law might be qualified to so mercifull a temper that she might not be utterly ruined by losing in a moment for her conscience what she had been so long in gathering by the sweat of her brows But the Commissioners though perhaps otherwise willing concluded they had not power to give her any relief more then the bare thirds unlesse she would take the oath of Abjuration a thing as far at least above her understanding as it can be against her Conscience If it be unreasonable as many well affected seem to urge that the Ministers who do or at least should perform some spirituall office for the good of the Soul should tithe a tenth part of the Husbandmans labour How much more unreasonable is it that a poor silly maid servant should thus meerly upon the account of Conscience be sequestered of two thirds of that which by many years labour she had gained and reserved as a support against the necessities of old age On the 16 of April 1652. The Case of Mistris Church of Essex a Recusant was heard whose Petition spake to this effect That her late husband in his life time setled a Lease of Muck-hall or such like name in Essex of considerable value upon her in lieu of Joincture for divers years yet in being and was held of the late Dean and Chapter of Pauls that Alderman Andrews or Mr. Nathaniel his son had bought the Reversion of those Lands at Gurney house and since taken a Lease for seven years of the Commissioners for sequestration in Essex of the whole present possession without the Petitioners consent or knowledge and without any regard to her thirds and that the said Mr. Andrews having now possession of the whole estate had demolished the Petitioners Mansion house and did refuse to pay the Petitioner her thirds whereby she was driven to a necessity of wanting bread being a distressed and friendlesse widow of almost 80 years of age she therefore prayd her thirds and the arrears and that the said Lease might be annulled c. The first was charitably granted but as to the Lease and what her thirds should be she was left to the mercy of Mr. Andrews who I fear does forget what the Father of mercies sayes in Jeremy 22. 3. Execute judgement and righteousnesse and deliver the spoiled out of the hands of the oppressor and do no wrong doe no violence to the stranger and fatherlesse and widow c And in Matth. 23. 14. Wo unto you Scribes and Pharisees Hypocrites for ye devour widows houses and for a pretence make long prayer therefore ye shall receive the greater damnation That which in this Case did most exact my observation was That Mr. Andrews a person of quality should make use of his power against a poor widow and should be present and openly avow the taking of her estate over her head with so little regard to the thirds which is allowed her by the Act of Parliament and so much to his own benefit without which 't is like he would not have taken it and with which the Petitioner must needs suffer From Haberdashers Hall give me leave to make a step into Moorefields where on the 19 of May 1650 being the Lords day Rich. Ledsam and one Led bealer two Pursivants apprehended Robert Segar a poor old decrepit man upon a supition and 't was but a suspition that he had been at the Spanish Embassadors at Masse upon this bare surmise the poor man was searched and in his pockets they found an old prayer book whereupon he was carried before a Justice of Peace and committed to the Gatehouse at Westminster where he lay in the common Goale till the Quarter Sessions in Jan. 1951. being full 20 moneths without any charge or proceedings against him and that Sessions was acquitted by Proclamation through the mercy of Justice Scobell but he is still detained prisoner this being now April 1652 by Mr. weeks the keeper of the Prison for the rent of his lodging for which the keeper demands 14 pence a week beside Fees and yet as I am credibly inform'd the old man lay on the boords in the common Goale and had no other pillow for his head but a hard stone for which he must now pay more then he is worth or continne in Prison being 86 years of age And now I am at the Gatehouse I shall give you the supplement of a like sad story mentioned in the 21 page of the first part of this Moderator concerning a great bellied Gentle-woman committed to Prison on the 24th of June 1651. her name upon enquiry I find was Delavall an Englishwoman but her Husband a Frenchman she was committed also to the Gatehouse and with much importunity got leave by Petition to go out upon bail till she was brought to bed but was an actuall Prisoner full 7 Moneths of the 12 which is prescribed by the Statute and a fine of 100 Marks stood charg'd upon her till she was relieved by the late gracious Act of Generall Pardon and Oblivion An Act that no lesse obliges all the People of this Nation to forget their private injuries then to remember the publick mercy of the Parliament and all this poor womans sufferings meerly grounded upon a bare supposition that she had been at the then French Agents in Long acre at Mass without so much as one witnesse that there was any Masse said there at all it being the truth of the Case if I may believe their most serious Protestations that they were onely at their other private devotions But to return to Haberdashers Hall I perceived in my observations there that besides the cases before recited it was a familiar thing to see Papists I mean single Papists without the adjunct of Delinquency outed of the possession of the two sequestered thirds of their estates by any stranger that would offer in the box but 12 pence more then the owner which hath made divers owners strain themselves to give more rent to the State than they could possibly make of the two parts rather than be outed of the possession of their ancient patrimonies and some of them have assured me that it happens very often that neighbours either thorow covetousnesse or revenge for who can live so innocently as to procure no enemy at least so happily as to have none set themselves to outvy the owners and then recompence the losse they have in the great rent they pay by misusing the Lands they hire in despite of the owner Besides many times when the proprietors have with much charge and long attendance obtained Leases of the two parts for seven years in the Countrey in pursuance of the Act of Parliament after improvement of their estates by good husbandry they are again outted and their Leases made void at this Hall under pretence of the want of some formality of Surveyng posting boxing or the like which it seems the instructions