mmm LIBRARY OF THE THEOLOGICAL SEMINARY PRINCETON, N. J. Purchased by the Mary Cheves Dulles Fund w. .. . sec , -rht^ ^ A VINDICATIQ^.FPa.5 Of a Book, intituled, ( , ^ct £•> 1029 A Brief Account of many-^^^^^^^:^ the Profecutions of the People called Qu AKERS, ^^c. Presented to the Members of both Houfesof Parliament: In ANSWER To a late Examination thereof, fo far as the Clergy of the Diocefe of Canterbury are concerned in it. With an APPENDIX, Demonftrating, that 7'ithes are an Opprejfion to the Hujha7idma7i, a Burden too heavy tor Hii/t to bear, and undoeth many. T^ruly 'je bear IV'itnefs that )e allozv the Leeds cf your Fathers. Luke xi. 48. L O N D N: Printed and Sold by T. Sowle Rayltox and Luke Hinde, at the Bible in George 2\ird^ Lombard-Jlrcet-, 1742. A (iii) T The Contents. HE Introduftion, contahwig brief Remarks on the Examiner's Perjormance, pag. 3, 4. SECT. I. Tloe Examiner's Introdu^iion^ and his pretended Examijiation of the Quakers Scruples of Co?iJci-- ehce confidered. Remarks on the Examiner's Virulence, pag. 7. The Quakers Yearly and other Meetings [hewn to (id' Chriftian ^W inoffenfive. pag. 10, 11. T^he hxc)\^t2iZon of \Ji\\Qo\x\%Qbfer'uation, that a free Confideration of the State of Religion is ejfential to a free ProfeJJion of it. pag. 1 1. A Remark of the fame Archdeacon refpcEiing the Rules of PraBice in the Ecclefiaftical Courts. pag. 12. T'he Quakers Principle againf Bearing Arms and Fighting defended, pag. 13 to i8. T*he Examiner's oficious Intermedling with Affairs of Go-vernment reprehended, pag. 18, 19. T^he GoJpel-DoBrine of Minifters Maintenance, pag. 20 to 23. Tithes provd to be fuperflltlousyr^w the Charters ^V&'/r Donations, pag. 23 to 26. T'he Pretence of the Clergies Property /;/ T'ithes confuted^ and the ivholc Crop fe^^cn ro be the pcr/onal of King William III. to fecnre ' the Property of the Clergy, /hewn to be ground- le/Sy and the Opprefjion oj taking more rigorous Methods demonf rated. The Examiner's fery Zeal reprehended, pag. 65. A coolingLeffon of BiJJjOp^'AYm^ propojcd to his Confideration. pag. 66. The'E'^'SiXXimtr'smiJiaken Notion ofConfcie7tce.i^. 67 The Quakers Practice cf Submiliion to the Law, ' ibid. A material Differ ence between the Sentiments of the Quakers and of the Clergy before the Revc» lution , lution refpedihig Liberty ofConfcience. pag. jt. ^he Examiner's Cka7ge of contemning the Courts of yuftice a?ijicered, pag. 73, 74. ^^ke- Payment ^"Tithes ?2o Condition of the Tolera- tion, pag. 77. A fubtil Dijlinciion of the Examiner 7^/ /;/ a clear Light, pag. 79 to 82. The Difference between a jufl Debt, and a Clergy^ mans Claim, pag. 83. ^he Examiner's ObjeBiom againfl the Method of . Recovering Tithes by Jufiices fVar rants confi^ dered, pag. 84 to 90. The Proceedings of the King's Courts in granting Prohibitions defended from the Examiner's iin-- juft Refculions. pag. 90. Remarks on the Non- Appearance of the Spiritual Courts ii;hen cited onjuch Occafwns. pag. 9 i. • ^;z 6//c/ Ecclefiaftical Conn:itutionyirZ'/^J/;zg- their Appearance in fuch Cajes. pag. 92, 93. The Method of Recove?'y by Jujlices Warrants far^ ther defended, pag. 94 to 103. A. Paffage from the Examination on Behalf of the Clergy of the Diocefc ^Carlifle replied to, pag. 104 to 107. The Supprcfjion ij/^Confcience, under the Name of Obftinacy, by Penal La\us, an old Engine of Ecclefiaftick T)'r^;7;n'. png. 109, no. The Impertinence cfthe Examiner's Rrfcolions re- . jpecluig the Quoiutions from the Anf\\xi- to the Country Parfcn's Plea. pag. 113, 114. Tl,e Examiner's /rm/?.7; Di/linclion beturen Me- moirs and Records remarked, png. 1 15. The Qjjakers Reccrds not concealed, pag. 1 16. The (vi) ?/!^ Examiner*^ pretended Injiances of Ambiguity in the Brief Account Jldeijon to be fallacious. pag. ii6 to ii8. His Dijingenuity i?i fonning a Charge oj defigned Deception from an innocent Error of the Prefs. pag. 1 19, 120. Several other of his Fallacies detected . pag. 12 j to 130. SECT. III. Jhe Examiner'i Enquiry into the particular Cafes confderedy Ti'he Few?iefs of the Cafes d f ujiification of the general ConduSi of the Clergy in this DioceJL . pag. 131- ^he Compilers of the Brief Account acquitted of the Charge of traducing the Dead. pag. 132. Case I. 7he CfbjeBions to it anfuoered^ and the Truth of it confirmed by Certificates and other Proofs, pag. 133/^(9 144. Case II. Tl'he Examiner'^ Fallacy in denying ivhat was 7iot afiirmed^ and the Mi/lake of his Obfervation about the Subpaena detected, pag. 145 to 148. Case III. The Vicar'^ Account fully anfucered by John Pay, arid the Truth of the Cafe vindi^ cated from the Cavils of the Examiner, pag. 149 to 156. Case IV. The Examiner^ ObjcBions to this Cafe Jl:}ewn to be weak and infufiicient^ pag. Case V. The Truth of it confirm' d by the Profecutor'i Sen^ a7id by the Records of the Ex- chequer, and the Examiner^ Objeciions obviated, pag. 159 to 166. C A s ^ (vii ; Case VI. l^'he Truth of it cleared, and thi Examiner'^ Difingemiity dcmo7iflrated. pag. i66 to 169. Case VII. Is verified by the Profccutor'i own Account^ and the Examiner'i Obje^icns are fidly anjhsoered by John Woodland the Perjm frojecuted, pag. 169 to 180. A Suni77iary of the preceding Cafes, pag. 182,^ 183. The CONCLUSION. The Defeats of the Examination pointed out. pag; 186, 187. The Exfrejjiofts in the Preface ajid Appendix/^ the Brief Account refcued from the Examiner'i abufive Mimickry by a pertinent Application. pag. 187 to 190. Some obJervatio7is of William Dell, in Relation ti Church-Power. pag. 191, 192, Seme Remarks of Archbifhop Tillotfon cojicerning had Mens Averfion to a Difcovery of their Anions, pag. 193, 194. An APPENDIX, Demonfirating this Propofition, viz. That Tithes are an Oppreffion to the Hufband- man, a Burden too heavy for him to bear, and undoeth many. pag. 195 to the End, ERRATA. Pag- 13- Pag. 28. Pag. S°- Pag. 73- Pag. 85. Pag. 87. Pag. 162. Ult. 13- 23- 17- 32- 19. 4- for Profejtons read Profejjion. Read wherefore. after o/"read the Clergy of. for condemning read contemning. iovfevere ):c2.Ajeverer. for ar? read zV. Read Wj&«i Ifi^' ( 3 ; VINDICATION Of a B O O Ki intituled, A Brief Account of many of the Prolecutions of the Teople called Q U A K E R S, l^r. So far as the CLERGY of the Diocefe of CANTERBURT 2.Tt concerned in it. The Introduction. WE have now before us the Eleventh Pamphlet, which the Advocates^ pretendedly for^ really againft the Clergy, have publifh'd on the pre- fent Controverjy'. 'Tis intituled, An Ex ami n at i on ^ &c. Jo far as the Clergy of the Diocefe of Canter- bury are cojicerned in it. The Brief Account of Pro/ecutions, by the Feisincfs of the Cafes in fo many Years, within that Diocefe, did fbffici- ently jullify the gcjicral ConJutf of the Clergy there, which therefore did not fland in need o( A this (4; this Author's Defence^ whofe Method of ^2\\\^^ im^ particular Adls of Oppreffion, under the Umbrage of a Defence of the Clergy in general^ cafts an unmerited Imputation on the Chara6lers of many of thofe whofe Cauje he would feem to advocate. The Examiners grand Defign appears to be, that of irritating the Government againft the Qua- kers : This, with thinking Men, is a manifeft Symptom of a diftreffed Caufe, and an Indication, that, while the Advocates of the Clergy have the Vanity to proclaim their own Writings * ima?2^ jwerable^ ther ielves don't tliink fo : For, the Power of the M.a^ijirate is a Weight which the Clergy do nor i: ilially throw into the Scale, till they fee that TpxUTh is turning its Balance a- gainft t) ■ m. But :.he Venom of the Author carries with V: ITS own y^ntidote^ and the Malice of his Pur-' pcie is rMayed by the Weaknejl of his Peafonlng^ founded in Abfurdities, while he attempts to reprefent a Principle of Peace as defl;ru6live to Society, and thofe Perfons as dangerous to Go- 'ver?iment, who are with-held by Principle from refifting it; and treats the fakers as injurious to the Minijiers of the Gofpel, for no other Reafon than a cloje Adherence to its Precepts refpecSing their Maintenance, A particular Enquiry into the Nature and 'tendency of his Dijccurje, is the Subjedt of the following Sedlions^ SECT. ExaminatWh p.'ig. 22. ( s) SECT. 1. 72?^ Examiner's Introdudlion, aud bis pretended Examination of the Q^ a k e r s Scruples of Ccnfcience, conjidered, ^ I ^H E firft Sentence of his Introduction inti- X mates, that " the Hardfliips the fakers *' complain of, arife from their own Behaviour." Had he confider'd that Behaviour in its proper Light, viz, as arifing from Confcienc& directed by Scripture-Precepts^ a due Regard to the Obligation of thofe Precepts might have reflrain'd him from juftifying Hardfliips inflicted for obeying them : Hardihips, which arofe, not from their own Behaviour, but that of their Profecutors, whom, the ^/^z/^tv'i Refufal of their Claims, did not lay under any Necejity of chufing the moft fevere and rigorous Methods for recovering them. He mentions, pag. 2, the fakers '' Petition " to the Legiikture," the Subftance of which is more fully expreffed in their printed Cafe, in thefe Words, viz. That " notwithftanding the *' /umma?y Method provided , there have been *' profecuted in the Exchequer, Ecclejiajlical and *' other Courts, for Demands recoverable by the " faid Ads, above Eleven Hundred of the Pco- *' pic called Qiiakers, of whom, near Three *' Hundred were committed to Prifon, and fe- ^' veral of them died Prifoners. A 2 '' Thcfc (6) *' Thefe Profecutions, though frequently com«* *' menced for trivial Sums, from fdur Penc^ to " jive Shilli?tgSy and great Part of them for Sums *' not exceeding forty Shilli?igs, have been at- *' tended v^ath fuch heavy Cofts, and rigorous *' Executions, that about Eight Hundred Pounds " have been taken from Ten of them, where the " original Demand did not amount to fifteen " Founder Concerning the Authors of fiich ruinous and deftrudlive Profecutions, 'tis, we think, very juftly obferv'd, in the Preface to the Brief Ac- cou72t^ " That Men profeffing Chriftianity^ and *' fome of 'em to be Miniflers of the Gojpel of " Peace, fhould, by unneceffary and cxpenfive *^ Law-fuits^ facrifice their own Quiet and Inte- *' reft to the Oppreffion and Ruin of their Neigh- ^^ bours, has been Matter of Surprize to generous *^ Minds!* Vain and empty are Men's Pretences to Chriftianityy fo long as their ABions tranfgrefs the Rules of common Uuinarnty, The "Examiner is pleas'd to call our confcienti- pus Scruple againft the Payme72t of Tithes^ &c. a '' (pecious Pretence of Confcience," but produces neither Scripture nor Reafon to fhew that it is not a religious Reality : But 'tis obfervable, that the Injii^ers of Hardjhips for Confciejice may not admit even her beft grounded Scruples to be real, left, by fo doing, they fhould remove the only fpecious Pretence for their own reafonlefs Severities. *' It will not, fays the Examiner, pag. 3, be "- thought foreign to the Examination of the *' Brief Account ■ — - to confider previoufy^ :' and •' and enquire into the Foundation of fuch of '* their Scruples, whereby the Safety of the Na- " tion, or Property of the Clergy of the Church ** of E?2gIanJ in general, may bcaffeded." Whatever the Exami?ier may think, it will neverthelefs be thought by others, that an En- quiry into the ^/^^t'r5 Scruple, refpeding £Z^ judiciolifly ob- ferves, '* * A free Confideration of the State of *' Religion is effential to a free Profefiion of it, ^' infomuch as in the feveral Treaties between *' the Refonnjfts and the Princes in Gerrnayiy^ *' the Netherlands, Bohemia^ France and Sco:- ** Ia?id, the Right to cbnfider of the Intereft of '' the Religion profeffed^ was underftood as an '' Incident to the Liberty or Allowance of that '' Profeffion." If the ^mkers meeting together for fuch Re- ligious and Chriftian Purpofes, be what the £.v- mniner means by " fetting themfelves up as an *' Independent State," 'tis incumbent upon him to juftify that Refledicn, by demonllrating, that the Chrijlian Religion is a State dependent c?i Hiimaii Laws; which when he (hall have un- dertaken, the World may judge of his Perfor- mance* Who they are that " arrogate to themfelves *' a feparate Legiflature, exercife an affumed '' Power of Jurifdidion prohibited by the King 3 B " Laws, ^ See a Letter to Dr. Liflc, ProIocutGr to the lotirf irlmife of Cojivoiaiion. Pag. 42; 43. ( 12) " Laws, and promulge Conilitutions without hk ** Licenfe, or Affent, and in Contempt of his ** Supremacy/* the fakers know, and have been very great Sufferers by. Let the Examiner reconfider this Matter, and we doubt not but he will meet nearer Home with Perfons to whom thofe Imputations more properly belong. The Letter, by us laft cited, will inform him, " * That the Rules of Proceeding in Ecckfiafti- ** cal Courts, are nothing more or lefs, than the *' Sophiftications of the Canon-Law reduced into *' Pradlice." And that, '' the Rules of Pradice " for Ecckjiajlical Courts were Intended " FOR Instruments to inslave Mankind." That fo wicked an Intention has not been per- fectly accomplifhed, is owing, not to the Favour of Ecclefiaflicks, but o theReftiaints imposed on them by the Laws of the Land, and the Inter- pofition of the Secular Magiitrate. The Examiner, pag. 4, tells us, that " the ** Pretence of Confcience in Matters of meer civil *' Right is vain," but what he means by ineer ci^ vil Right is not well explained; nor is that Term properly applied to the Points in Debate 'twixt him and us, which relate only to Matters of Religion, and Obedience to Chrifl's Precepts, and to the Dodlrines of his Gofpel -, which Pre- cepts and Dodlrines are the Foundation of our Principles by him oppofed. He obferves, that *' the Gofpel-Liberty does not exempt us from " the Obligation to Human Laws," and might as juftly have obferved, that Human Laws do tiot exempt * LeiUr, Pag. 20. 21. ( 13 ; exempt us from the Obligat'ioit of Obedience to Chrijfs Precepts ; Precepts, wliich never advance any thing inconfiftent w^ith '^ any particular ■ ' Duty w^e owe the Publick, or any particular *' Branch of private Property/* Whoever there- fore, under the fpecious Pretence of either of thefe, fhall urge the Pradice of what thofe Pre- cepts forbid, muft have entertain'd erroneous No- tions concerning both. For Chrift's Precepts al- ways " tend to the publick Good,'' and the clofeft Adherence to them is the firmefl: Bond of Community. The fakers, fays the Examiner^ pag. 5, " openly teach and avow, " That it is not law^ *' ful for Chriftians to refift Evil, or to War or *' Fight /;/ ajiy Caje^ And does not Chrift hhn- felf teach the very fame Do6lrine, Mat. v. 38. to the End of the Chapter ? The ^takers think it impoffible to reconcile the Precepts laid down by Chrift with the Practice of Wars 3 and for that Reafon they refufe to bear Arms or fight. This their Obedience to Chrift's Precept they think very confiftent with their '' being faithful, '' andbearingtrue Allegiance to the King: They ^' declare that they are his loyal and obedient " Subjects i" and their Principle oi not hearing Arms, is an effedual Security of their peaceable Demeanour toward his '' Perfon and Govern^ " ment." But x\\(tExamn2er, while he plainly cojifeffes the Chri/hanity of this Dodrine, by acknowledging, that " if all the World was Chriftian, and that '' all Chriftians followed the Rules of their Pro- '' feffionSj Wars would then ceafe," neverthelcis B 2, impeaches^ ( ^4 ) impeaches the fame Do6lrine as injurious to th^ ' f' publick Safety," and " letting in a Deluge of *^' Mifery and Defolation.^' Had he really be- iiev'd what Chrift hath declared of himfelf, that All Pqwer in Heaven aiid in Earth is given uji- to hinty Mat. xxviii. i8, he would never have faid, that '^ diftind: States and Kingdoms CANNOT be *' fupported againft the Encroachments and In- " vafions of others, but by War, and repelling ^' Force by Force." An Expreffion, moil: un- warrantably limiting the Almighty Power to the tJfe of Means which Chrift hath forbidden. An Ohedie?tce to Chrift, and a Dependejice on his Power y never lead Men into fuch Abfurdities. As then the ^mkers firmly believe, that Wars are prohibited by Chrift : So they alfo believe the Supreme Power and Sovereignty of the Al- mighty ; and that, as the Scriptures declare, the moji High rukih in the Kingdom of Men, arid give th it to nvhomjbever fo ivilL Danie], iv. 25. That Power and Might are his^ a?id he changeth the. ^imes and the Seafonsy he removeth Ki7ig$ and fef^ eth up Kings, Dan. ii. 2. And that, T'he Powers * thatbe^areordai7iedofGod: Whofoever there- fore refifleth the Power ^ refifleth the Ordinance of God. iRom. xiii. This their Cbriftian Principle^ v/hich forbids their Pefijlance of any Government, effeftually fecures their Allegiance to that under which they live : While the contrary Principle, which admits the Ufe of Arms, and allows Men to refift a Government they diflike, renders the Affu ranee U- ■ I « ) 'I I I a . I - ■■,! ■ n_jll»i 11 , '^ a,i \i7ch! i^ov(Tn/f The ciifting Povsrers. ( M) Affurance of their Fidelity to any other, as fre-^ cariousy as their own Approbatio?i of its Con- dud. But feeing this falfe Alarm of Danger to th« Government from a Principle of Peace, is founded in a pretended Defence of the Clergy, permit us to query, Whether an Exemption of the ^lakers from Military Services, which they believe tin^ lawful, be not as realbnable as an Exemption of the Clergy from the fame Services, which they hold lawful ? Is not the Chrijiian Principle of the former as good a Security to Government as the Human Policy of the latter ? It has been obferved by a * Writer, who had been formerly of their own Order, that *' They (the Clergy) are ex- '' empted from Military Services, both by the f Pope's Canon-Law, and the Laws of the *' Land, but ^d Script urd, by v/hat Scripture *' are they exempted more than other Perfons ? f^ Piety is indeed pretended by them, but the " real Defign feem.s to have had its Rife from •' Policy, tho' covered with the Cloak of Reli- •' gion. And that which was their Policy at •^ firft, in procefs of Time became their Privi- *' lege, and now they claim it as a Right apper- f* taining to their Order ; whereby they fhelter t* themfelves from thofe dangerous Storms, ** which many of them are not wanting to ftir up *' others to run into. Erafmus made the Ob- " fervation in his Time, in a Dialogue between *' Georgiui •^ R. Claridge^ in his Melius L.^uirendHm. pag; 124. 125, cc ( i6) *^ Georgms and Livinus. * Z//. There are fome ** Divines^ faith he, that blow up the Coals, and *' found an Alarm to thefe Tumults. Geo. I *^ would fet thefe Men in the Front of the Bat- *' tie. LL But they take Care of their own " Safety. " As for our Parts, (viz. the fakers) in that we decline all Wars and Fighting with carnal Weapons, we are not adted by any worldly " Policy, but moved by true Piety towards God, " and fincere Love to our Neighbour ; not to *^ eafe or fave our Bodies from Danger, but to " keep our Confciences void of Offence both to- " wards God and towards Men. For feeing " Chrift hath commanded us to love our Ene- " mies, we believe it is our Duty to do nothing *^ that is inconfiftent therewith.'' But fays the Examiner, pag. 6. ^' The Laws of Nature, and of Self-Defence flill remain ; ^^ nor do weceafe to be Men by becoming Chrif- *' tians." The Quakers fay nothing againft the Lawiof Nature^TiOv of Self-Defence^io far as they are confiftent with the Obfervation of Chrift 's Precepts ; which, they believe, Wars and Fights ing are not : Nor do they proceed fj^om the pure Nature of Man, but from his Corruptions and Depravities: Whetice^ fays the Apoftle, cotnelVars C7id Fightings among you ? Come they not hetice^ even of your Lufts? James iv. i. Chrifiia- nity ■^ Li. Non defunc Theologi qui frigidam fuf- fundant, & ad hos Tumukus ClafTicum cananc. Geo. Iflos ego Statuerim in prima acie. Li. At illi fibi cavenc poll Principia. Erafmi Coll. ;percontandi reiuccm. cc (i7) nity IS a State of the mofi ferjeB Humanity. Its Precepts of ^W/Tg- E?iej7iies, and of render ijig to m Man Evil for Evily are adapted to reftore Human Nature to its highejl Ferfe5lion ; and by forbidding the EfFedls of Mem Lujis and inordinate Affec- tions, would remove the Caufes which produce them, and which are alfo forbidden. Abfurd and weak therefore is the Examiners Remark of " ccafing to be Men, by becoming Chriftians," by which, from the Advancement of Human Na- ture to its highejl PerfeBion^ he would infer its Annihilation, The Cafe of the Magiflrate's exerting his Power for the Punifhment of Evil-Doers, is not parallel to that of Wars and F/ghti?ig', the Gofpel of Chrift, which enjoins Subjedtion to the One, having foi bidden the other. " According to them, (viz. the ^lakers) fays " the Examiner, pag. 6, 7. Should an Enemy, a *^ Pretender to the King's Crown and Dignity, " invade his Realms, his faithful Subjedls, who " would facrifice their Lives and Fortunes in De- " fence of his Royal Perfon and Family, and " therein of our Religion, Laws and Liberties, *' muft either bafely defert his Service, or forfeit " their Title to Chriftianity." This is either a weak Miftake, or a wilful Mifreprefentation : For, the ^Lakers d^o not infer the '' Forfeiture of *' Men s Title to Chrijiianity,'" from 3.ny particu- lar Acf of Di (obedience : Nor are they fo uncha- ritable as not to make reafonable Allowances for the Diverfity of Men's Underftandings. To themfelves indeed, who are fully perfuadcd that ChriiVs Precepts abfolutely forbid all Wars and FJght- C i8 ) Fighting, the Practice of them would be uii^ doubtedly finful: But they pafs no Cenfure upon other Men, who may have been taught to accept thofe Precepts in a more limited Conflrudlion, and may think the Prohibitions therein iefs extenfive : Thofe who are fo perfuaded, and aft accordingly, the fakers ]udgQ not; for could they themfeives be of like Sentim.ents, that fFars are lawful^ they ftiould efleem, what the Examiner mentions, to be a very juftifiable Caufe of them, viz, '' In *' Defence of the King's Pvoyal Perfon and Fa* *' mily, and therein of our Laws and Liber- *^ ties." We leave out the Word Religioji^ which we fuppofe the £;(:^;;^/;2^r inferted thro' Forgetful- ncfs of what he had told us a little before, pag. 5^ ^tz, that " Chrift's Religion is not to be propa* *' gated by the Sword." We may here put the 'Examiner in Mind of an Obfervation which has been made, and of the Truth of which we would not have him be an Injiance^ viz. That fome Perfons, who have made a loud Profeffion of *' facrificing their Lives and Fortunes," have been more deficient in their Loyalty than Men of kjs Talk. The Exami?2er's Reflexions on the Behaviour of the AfTembly of Pen/ilvaniay in their Legiflative Capacity, are beneath our Notice. The Author of the Sermon, he refers to, might have found Matter more conducive to the Propagation of the Go/pel in foreign Parts, than a partial Mifreprefen-* tation of the Proceedings of that j^Jjembhy who, we doubt not, are capable of jullifying their own Conduct, 2.^ faithful SubjcBs to the King, and as prudent and Chrijiian Conjervators of the Peace of that c 15 ; that Province. A Condud for whicli tney are accountable to the Governrrient here, who, we prefume, did never give Licenfe or AfTent fof officious Priefts to anticipate their Determinati- ons, nor to intermeddle in Affairs fubje(5l only to their Cognizance. The Government of that Province is founded on PrincipleJ^ of the molt univerfal Humanity and Benevolence. The free Enjoyment of Liberty arid Propertj^ without re- fpedt of Perfons or Parties, has made it a popu- lous and flourifhing Colony, happy in the Enjoy- ment of Peace, without the Burden of ScldierSy and of Religion, free from the Impofitions of Priejls : Neither of theje had any Share in the Settlement of this Province, nor in the Eftabiifh- ment of its prefent Happinefs. Attempts have been made for introducing both : Should thofe Attempts prevail, the Decknfion of the Province^ in all probability, will take its Date from the Time of their SucceJL The Exivnuier, pag. 8, endeavours to afiign d Reafon for his mifreprefcnting the ^inkers, vi'Z» ** To (hew, in how unfavourable a Light they " {land, when put in Competition with the '^ Clergy of the Church of England, \Vho teach " no fuch Dodrines, none, which may provd ^'^ deflrudive to the State, or injurious to their *^ Neighbour." But, if he will give others the Liberty hii*nfelf takes of drawing Con fequences, they will probably conclude, that the Docfrine of the Lawfulnefs of Wars 7nay prove, and hath proved, " deftru6live to the State -,'' and that the DoBrine of Tithes may prove, and hath pro- ved, '' injurious to their Neighbour/' by unc- C qualljr I 20 / qually transferring the whole Profit of the Labouf of the induftrious Hulbandman, into the Hands of thofe who neither plow nor fow. He tells us, pag. 9, that " The ^takers have " endeavoured to put the Property of the Clergy " upon a different Footing, as to the Right there- " of, from their own; and from the reft of the " Subjefts of Eiiglandy In fo doing they have endeavoured to ftate the Cafe aright; for the' pretended Property of the Clergy to Tithes, is a Property fcarce to be paralleFd. A pretended Property in the Perfonal Property of others, with- out either Gift^ PurchaJe^CompaB^ ContrciB^ or Co72jent of the Owners. And yet the Examiner will not admit it to be 2, forced Contribution : But if an Injunction under Penalties upon Men, oblig- ing them to pay or fet out to the Ufe of other Perfons a Part of their Property, be 72ot 2i forced Contribution^ the Examiner ^ we fuppofe will find it difficuli to define what is. If, as he fays, *« They (the ^takers) infift that a forced Contri- *« bution for the Maintenance of the Clergy is *' contrary to the Law of God ;" 'tis becaufe Chrift hath ordained the Maintenance of his Mi- nifters to be free^ not conftraified -, and becaufe they think, that Vv hich is contrary to Chrijl's Or- dinance^ isalfo contrary to the Law of God : And they alfo think, that if a Tax be *' given byPar- *' liament" to pay for that which Chrift ordained to be free, " it may at any time be taken away" by the fame Authority, with far more Juftice than it was at firft impofed. llie Examijieris miftaken, pag. 10, in calling tithes " a feparate and diftinil Property from,. ' '' that (21 ) *' that of the ^laker;' and in faying," " The ^' Clergy afk not what is theij^s, but only de- " mand what is their own." For the whole Crop is the Property of the ^laker, or Occupier of the Land, no Part of which, without his own Aoiy can become another Man*s -, nor was any other Man ever the Proprietor of it. A Tenth Part of it, when diftinguifli'd by the Proprietors own Adl of fetting it forth, and of marking it as a Deodand^ or Gift of his to God and Holy Churchy the Parfon by Law may claim and take away ; but he may not legally take away any Part of the whole Crop not fo feparated. The ^uiker therefore, who fets out no Tithe, in taking his whole Crop to himfelf, takes nothing but his own : He " takes not from the Clergy'* what is theirs^ but only refufes to give them what is his^ The Examiners Inftancing " a Debtor's paying *' his Creditor, a Tenant his Landlord, the '' Buyer to him who fells," is foreign to the Purpofe ; for certainly, tho' the '' giving fome- " thing out of our own Stock!' to others, as an Equivalent by Contradl for what we have re^ ceivcd out of theirs, may be ajiijl Debt ; yet an Obligation of " giving fomething out oi our own *' Stock!' to thofe from whom we never received any thing out of their s^ may be an unreajbnable Impofition, '' It is, fays the Examiner^ needlcfs to enter in- *' to an Enquiry, hov/ far the Minifters of the *>' Gofpel have a Right to a Maintenance by the *' Divine Law." But could he from that Law prove their Right to Tithes, he would fcarce wftve fuch an Enquiry : For the Foundation ot C ^ ^he (22) the fakers Scruple is, that they are firmly per^' fuaded, that by the Divine Law, the Minifters of the Golpel have no Right to any other Main- tenance than a free Supply of their Neceffities from thofe only who receive them as fuch ; and that they are forbidden by the divine Law to accept Maintenance from thofe who do not ac- cept them and their Miniftry. 'Tis indeed ex- prefly declared by the Apoftle, that the Lord hath crdaifiedy that thofe who preach the Go/pel^ Jhould live of the Go/pel, i Cor. ix. 14. Which Decla- ration refers not to human Laws, but to Chriji's Ordinance: And what Chrift hath ordained, ap- pears by his own Precepts. Mat. x. i. Freely ye have received^ freely give. Vtrk 10. T^he Workman is worthy of his Meat. Verfe 14. Whofoever Jhall not receive you^ nor hear your Words ; when ye depart out of that Houje or City^ Jhake off the Dull of your Feet. And Lukex. 7. The Labourer is worthy oj his Hire. Verfe 8. Eat fuch things as are fet before you. By which Precepts 'tis evident that Chrift's Minifters were to receive only a free Maintenance, and that from thofe only who willingly received and heard them : All Gompulfion of Pay is therefore inconfiftent with the Nature of that Miniftry, and of that Maintenance, w:hich the Lord hath ordained. Bwt tht Exami?2er^ pag. 11, infinuates, that the "Text * is only applicable to thofe who *' can ** heal the Sick, cleanfe the Lepers^ raife the *^ Dead, cafi out Devils,'' for the Minifters menti- oned in that Text were endued with fuch Pow- ers, \. — \ . . ■■ . .]i"\ ^ Mac X. 8. Freely yi have rsceived^ freely give. r 23; v'' VA^'^A ^^^^T^f'°n makes agalnft himfelf : ForifMnnflers, who had fo extenfive a Power of doing Good, were under an Obligation to m;f fr^e/y, certainly thofc who have lefs Povvef of doing Good, can have no Rigk to compel Main tenance :_ Tho' 'tis probable, %he E...Zr^:; be of Opinion, that Force is moji nccefTary for the Support of thofe who have leajl Merit He tells us, pag. 1 1, - That this Mainte- " Anw' °^' r ^^^'""/^arce delervean Anfwer and refers to « Pka in behalf of the Quakers hy Jojeph Ollive, pag. 49. butfilently pafles over the Arguments advanced by that £n .0 "^^ ; ^^ finds more eafy to lontemn than to conjute ■ and therefore fays, they « fcarce deferve what he can't give. He queries. Does Renouncing the Errors of that Religion any ways aftefl the legal Right to an Eftate ?" Not confidenng, that his pretended Title to Tithes has its Foundation in thofe very Errors he talks of renouncing. The £rw^ znd Super/ii. tton oi th^t Religion were the Source of their Original ponatiom : And the Continuance of the Claim of them to this Day fhews, that the Er~ rors of that Religion are not yet perfeaiv re- EftatesfromPop.fhAnceftors," has no man- ner of Relation to the Religion of their An- P .°? P I ^^\C'^="V°f" Tithes, deriVd from Fopifi Pnefts has a direct Relation to fome of tir fT' °^ that Religion, .v.^. the Doftrines of Purgatory, and of the Sacerdotal Poii-er of Remitting the Sins both of tiie Living and ( 24) and the Dead : On the Belief of thefe Antichrif* tian Dodtrines, many of the Donors of Tithes originally granted them. This appears by feveral Charters of thofe Donations cited by Selden in his Hiftory of Tithes : MthehdfKin^ of the JVefi' Saxons gives them '' for the Cure of his Soul, and *' the Pojierity of his Kingdo?n and People :'^" Another Donor gives them " for the Salvation " of his own Soul and of his Family :*^" And a third confirms them " for the Ranfoni of the Sins ^' of himjelf of his JVife^ a7id of his Heirs : -f'' A. fourth ratines a Grant of them " for the Love of *' Gody and the Health of his own Soul^ and the " Soul of his Wife^ and of his Predecefors: ^^^^Y* A fifth grants both great and fmall Tithes *' that " Mafs may he faid thrice a Week, for his Soul, ^' and the Soul of his Wife, and for the Souls of *' his Father, his Mother, and his Ancefiors :*" A fxth gives them "-^fpecially for the Soul of Sd^nus *' c/'Effefla, and for the Salvation of Robert, ** his Lord, Son of the faid 'i'^nu^, who gave him *' the Land, and for the Salvation of Gonnox his " Wife-, and for the Salvation of himfelf, and his «« Wife-, and of William the Son ofGtrtMS, " her ^ Pro mese remedio animas, & regni-pofteritate & populi. -pag. 208. ^^ Pro falute animas fuae & fuorum. pag. 313. -f- Pro redemptione delid;oruni meorum & uxoris me?E& heredum meorum. ibid. tt Pi'o amore Dei & falutas animce meas ct uxoris et AntecefTorum mcoriim. fag. 315. * Ut MifTa proanima mea, et uxoris mere, et pro animabus patris ct rnatris mere, ec a ntcceiTor urn me- orum, rer in unaquaquc Septimani cclebretiir, _/). 332, ( 25 ; '^ her Father ; nnd jor the Soul of his own Father, *' and of his Mother, and of his Brother, and of " all his Friends and AnceftorsJ^'\'' Kiug Ste^ fhen made a Grant of Tithes '' for the Soul of *-' Ki7JgY{'E,^RY hisUncle, and for the Flea Ith of '' his own Soul, and of ^leen Maud his Wife, " ^Wo/' EusTACHius his Son, and his other '' Children,'^'''' The Preamble of another Grant of the fame King Stephen is as follows, " || Forafmuch as we '' know ^f Pr^scipuc pro anima Sceni de EJfeJsd, et pro Saluce Domini mei Roberti filii prnsdidi S(sni qui mihi banc terram dedit, et pro falute Gonnor uxoris fujE, et pro ialute mea et uxoris rnese, & Willielmi filii Gerei patris fui, et pro anima patris mei et ma- tris mes, et fratris mei, & omnium Amicorum et Anieceflbrum meorum. fag. ^^6. f "^ Pro anima Regis Henrici Avunculi mei, et pro filute animns mejE, et Matildis Reginas Uxoris meas, & Etiftacbii filii mei, & aliorum pueroruni meorum. fag. 336. IJ Qaoniam, divina miferlcordia providente, cog-' novinvjs elTe difpolitum, et longe lateque pr?edicante Ecclefia, Ibnat omnium Auribus divulgatum, Quod Eleemofynarum l.irgitione pofTunt abfolvi vincula. peccAtorum, et adquiri coelcftium pr?emia gaudio- rum : Ego Stepbanus DH gratia Anglorum Rex, partem habere volenscum illis, qui foelici commercio coclcitia pro tcrrenis commutant, Dei amore com- pun6lus, & pro Salute animai mcas et patris mei, ma- trifque mese, & omnium parentum meorum, & An- tcccirorum meorum Regum, Williehni fcilicet Regis- Avi mei, et Willielmi Regi.s Avunculi mei, et Henrici Regis Avunculi mei, et Rotberti ALdct, et confilio H:^-- ronum meorum, conccdo Deo et Ecclcfia^ fixniv Petri, &c. pag. 346. ( 26 ) «* knoWj that by the Providence of divine Mer- ^' cy 'tis ordained ; and by the Preaching of the ** Church far and near, 'tis proclaimed in the ** Ears of all Men, that by the giving of Alms, " the Bonds of Sins may be abfolved, and the *' Rev^ards of Heavenly Joys obtained : I 5/^- *' phen by the Grace of God King of England, *' defirous to partake with thofe who by an hap-^ " py Commerce exchange heavenly Things for ** earthly, fmitten with the Love of God, and •^ for the Salvation of my own Soul, and the *' Souls of my Father, and of my Mother, •* and of all my Progenitors, and of the Kings *' mine Anceftors, to wity Of King William " my Grandfather, of King William my Un- ** cle, and of King Henry my Uncle, and of " Rotbert Malet ; with the Advice of my Ba- *^ rons, do grant to God and the Church of St ** Peter,'' &c. Alfo King Henry the 3d. granted certain Tithes to the Monks oi Bafingwere * for the Salvation of the Soul of his Father King John, Should any Man doubt the Truth of what the Examiner fays, viz, that " the prefent Clergy ^' of the Church of England are reform'd from " the Errors and Superftition of their Prede- ** ceffors,*' he would need abetter Argument to convince him, than their Infifting on a Mainte^ nance founded on feme of the groffeft of thofe Errors, and the Darkeft of that Superjiition, they profefs to have renounced. But * Pro falute Animse Domini Johannis Regis patris noftri. fag, 444. ( ^7 ) But the Examiner, pag. 12, thinks it not '' material to enquire into the Motives of thofe II who firft" granted Tithes. *« Doubtlefs, fays he, it was the Convicftion of their own Con- '' fciences." Doubtlefs, fay we, it was the avaricious Fraud and Guile of Popifi Priefts and Monks, which blinded their Con fciences ; frft by teaching thtm A?itichri(iia?i DoBrines, for the Sake of unrighteous Gain to themfclves ; and the?i with Pretence of Devotion, fandlifying the Fruits of their own DelufidUs, ilnder the Name of Dues to God, and Holy Church-, as if the Gifts of deluded Ignorance and Superfli- tion had been cts acceptable to God and his Church, as to thofe who mifcaU'd themfelve^ his Minifters. '' ItfufRceth, fayS the Examner, that they '' had a Power to give, and the Law regards not '' fo much the Motives of the Giver, as the *' Right and Power he has of giving.'* But has anfwer'd himfcif by producing a Citation from Antho7iy Pear/on, fhewing, that the Giver had nt) fuch Right or Power of giving from the Pof- terity of other Men what never Was his own ; becaufe '' the Tithe is not paid by Reafon of the " Land, but of the Incteafe," atid '' the In- ^' creafe comes not by the Land, which defcends " from the Anceflor, but by the great Charge^ " Induftry, and Labour of the Hufbandman/* This he would gainfay, but knowi nothow^ and therefore talks of Socage Tenure, while he is urging the Payment of TitheS from thofe who hold by no fuch Tenure, *^ The Aid of the \' Land;' as he calls it, is purchafed by the Reht D the ( 28 ) the Occupier pays, and is therefore as properly his own, as his Seed and Labour. He urges, pag. 13, that, "it would not be " confiftent with the Juftice of the Legiflature " to take away what had been voluntarily given, " unlefs the Caufe had ceafcd for which it was " given/' We have already fliewn that Tithes were x'^'Ccitx fraudulently obtained than voluntarily given. The Caule of their Donations plainly ap- pears to have been, the procuring of MaJJes or Prayers to be faid for the Souls of Perfons de- ceafed. The Caufe of them, viz. the faying fuch MaJJes or Prayers is now ceafed ; whefore it will follow from the Examiners own Premifes, that the Caufe being ceafed for which Tithes were given, the taking them away might be very confiftent with the Juftice of the Legijlature, The Examiner obferves, that " the Eftablifli- *^ ment of the Church cannot continue without " a legal Provifion for its Minifters." How ne- ceffary foever a legal Provifion may be for the le- gal Minifters of a Church legally eftabliflied ; yet neither that Provifion, nor that Eftablifliment, are any peculiar Marks of the Church of Chrift, which certainly had its original Eftabliftiment on another Foiuidation, i Cor. iii. 10, 11, 12. Ephef. ii. 20. " A legal Provifion for Minifters" being no where enjoyned by any Precept of the Gofpel, feems to have its Rife from human Policy ; for, by virtue of fuch a Provifion, the Generality of thofe w^hom the People weakly accept as their Guides in Religion, become fubfervient to the Pur- pofcs of them, in whofe Power the Difpofal of that legal Provifion is : A Means^ by which Men may r 29 ; may be converted to any Religion except that of pure and primitive Chriilianity, wliich was whol- ly unacquainted with fuch Motives, and which made a wonderful and furprizing Progrefs in the World, while its Minifters had no other legal Provijion than that of Bonds^ lmpriJo?i7?ie}its, and Death, Wherefore a legal Frovifion for its Mi- nifters is not abfolutely necefiary to fupport the Church of Chrill: 3 however conducive it may be to the Eflablifliment of fuch a Forin of Religion as the civil Magiftrate fliall think fit to appoint : The Chriftianity of which Form will be as in- difputable as the Infallibility of his Judgment. The ^inkers are known to be firm Friends *' to the Conftitution/* and dcfire not *' to pro- *' cure any Alteration in the prefent Eftablifh- " ment," wherefore they contemn the Exami?iers uncharitable Innuendos in that Refpedt. The mu- tual Securitv of the Church and State in each other they envy not ; tho* perhaps fome of them may think, that even in Point of that Security^ the Church is rather on the furer Side. However, they are fully perfuaded, that a Rejlri^lion of the Clergy from unnccejjary Severities, can never have any Tendency either to '' undermine the One, *' or weaken the other." " Tithe, (fays the Examiner ipag. 14,) is am " Eftate in it felf , feparate and difiinft from the *' Land,'* which is equally true of the whole Produce, as of the Tenth, or any other Part of it. And thclnftances he produces pag. 15, to prove the Tithes a Jeparate Ejlate^ do equally prove the nzhok Crop to he fo ; viz, the ferfonal EJiate of the Occupier of the Land. And where, P 2 by ( 30 ) by the Land^Owner's occupying his own Land^ there is an Unity of Poffeflion, tho' the Land bp ^n EJiale of Inheritance, yet the Crop is not (q, \)\it merely fprfonal : For which Reafon the Owr ner cannot grant zn EJlate of Inheritance of that wherein himfelf has 07ily a per/onal Pvoperty : For, as the Examiner well obferves, " No Pcrr ** fon can grant to another a greater Right than f' himfelf has." Wherefore that Part of the £A:^;;7///^/sDefcription of Tithes, which fay^, that jt ''is by Law an Inheritance collateral '' to the Eftat^ of the Land," is not good: He fcems to have borrowed it from Bohuns Law of Tithes, pag. 4, who fays, that, " In fome *' of our Law Books, Tithes arp briefly defined ''to be an Ecclefiaftical Inheritance, or Pro- " perty in the Church, collateral to the Eftate " of the Lands thereof." This, the Examiner might h^ve obferv'd, is plainly reftrided to Church-Lands. He might alfo have diftinguilht between the Definitions in fome Law-Booh and the Law it felf. Befides, the fam.e AntUr in the next Words fays, that Tithe is in " other Law- Eooks " more fully" defined to be " a certain *' Part of the Fruit or lawful Increafe of the *' Earth, Beafls, or Mens Labours, which in ^' moft PUces, and of mofl Things, is the '' Tenth Part, which by the Law hath been '' given to the Miniftersof the Gofpel in Rccom- '' pence of thejr attending their Office." This Definition fhews the lithe to be a Fart of the perfonal Property or EJiate of the Occupier of fhe Land ; and as fuch 'tis eflecmed in the Eye Sf the Lawj which permits no Man to fever or ( 31 ) fet it out but the Proprietor of the Whole : Nor is it properly call'd 'Tithe, till fo Separated and fet out by the Proprietor's own Ad: : By which Ad: he transfers his Property therein to another Per- fon, who being fo become the Proprietor of it, may then lawfully take away what before he might not. This the Examiner himfelf is fo fcn- fible of, that he acknowledges pag. 17, that " the Proprietor of the Tithe has indeed no dif- '* tindt Property in it, until it is fet out :" And yet but a few Lines after, flatly contradifts him- felf, when fpeaking of the Tithe not fet out, he fays, '' the Property thereof is dirtind, and the *' Eftate therein feparate from the ^iaker'% •" own;" unlefs he intends it of his Eilate as Land-Owner, ' not as Occupier, But, fays the Exa?}ji?ier, '* Altho' it be carried away by him " without being fet out, yet an Adion lies againft ^' him for ivith-hrAiing, withdraivijigjiibjlradling *' his Tithe." By which Words, no more feems intended, than that he did not fet them out as the Law direds ; but refufcd to transfer his Pro- perty to another, tho' by Law enjoined (o to do. If the Examiner can fee no more Juftice in " carrying away" a Man's own Corn '' from his " own Ground," than in *' taking away the *' Corn from off his Neighbours Ground;" all we have to infer from thence is, that his Notions of Jiijlice, and of Property, are equally erroneous. The whole Crop then being confidercd, as it is, the Occupier's own Property, the Weakncfs of ^he Exami?iers Query, pag. 15, '' How then ** docs the ^laker fupport his Right to the [[ Tithe ?" plaiqly app$:ais : For ihx fame Rigl:t which (32) which he hath in the whole of his Crop, he hath in every Part of it. A perfonal Right to the Fruits of his own Labour, the Produce of the Land he rents, ploughs and fows, at his own fole Expellee. Nor can he diftinguilli any Part of his Crop, which was not produced by the fame Means as every other Part of it ; and therefore his Coji/dence is fupported by the divine Right of Reafon and Equity, in taking to himfelf that which is his own, and never was any other Man's. He neither *' claims it by Defcent from " his Anceftors ;" nor " by Devife or Gift/' nor *' byPurchafe of the Land;'* but he claims it as his own, by the Purchafe of his own Ex- pence and Labour, to the Fruits of which he hath a Right by natural Juflice, and the Laws both of God and Man. As to "Tithe, he ha^ nothing to do with it : Ke utithtvtakes^ nov pays any : He feparatcs no Part of his Crop for that Ufe ; without which Ad: of Separation^ Tithe is not. The Law indeed dire6ls fuch a Separation of a tenth Part, as due to God and holy Church. This Injun6lion of paying Tithes as an A6t of religi- ous Worfoip, the ^laker obferves not, being fully perfuaded in his Confcience, that the Payment of them is prohibited by the Gofpel of Chrift : He looks upon them as a Jewijlo Rite abrogated by the Gofpel', and thinks th^t Human Laws can- not incorporate into the Chrijiian Religion any Rite fo abrogated. Wherefore this, and other 'Examiners of the Brief Account, appear to him to have defigned an Impofitlon on their Readers, by mifreprefenting his Kcrwlk.oi Confcience as -refpo^ling ( 33 ) rcfpecfling " Matter of meer civil Right," while that Scruple has an immediate Relatio?i to Mat- ters of Religious Worfliip, and which nearly aifed: his Obedience to the Ckrijitaii Religion. The 'Examiner feems to admit, pag. i6, that *^ the Law of Tithes was Jewifiy' but is mi- Aaken in faying '' there is no Type, no Myfte- *' ry in them," for the Tithes are expreily called an Hed'vc-Offerifig^ Numb, xviii. 24. and confe- quently were a Type^ as all the Heave-Ofjerings were, of Chrift crucified ; for as thofe Offerings were heaved or lifted up to the Lord, fo Chriil was heaved or lifted up, in offering himfelf a Sacrifice for Sin upon the Crofs. So that the Ex- aminer'^ f^iying, that *' the wifefl Nations bor- *' row'd their Laws from others,'* proves nothing in relation to Tithes^ nor to the bringing thofe Types appertaining to the Jeucijh Religion into the Chrijlian Church, The Examiner'^ Tale, pag. 18, from MaU thew Paris, of *^ People where their Pariili '^ Priefts were married, thinking themielves pro- '* hiblted to pay them Tithes; and not know- *' ing how elfe to be difcharged, rather chofe to *' burn them than keep them to their own Ui&y'^* is an Inftance which might excite Compaffion m any reafonable Man, not a Prieft, toward his Fel- low-Creatures, under the Power of fuch grofs Darknefs and Delufion ; and might raife a juft Deteliation of the wicked Craft of thofe Romi/Jj Frie/is, who had inftilled into them fuch llavifli ,ar\d fuperftitious Notions of Property. We quef- tion not, but that the Examiner is capable of giving better Proof of hi.? own reject ing /><.;/>.7/yf//- tLority r 34 ) thorit)\ than his Revival and feemlng Approbati- on of fuch Notions. He queries, pag. i8. " If they (the '^mkers) *' cannot be convinced that the Clergy have a *' Divme Right to a Maintenance, will it fol- ** low from thence that they have none ? " Ta this we anfwer, that Chrijfs Mittijlers have a di ^ vine Right to fuch Mai?itena?ice as he hath or dained them, viz. A Supply of their Neceffities by the free Bounty and Benevolence of thofe who receive them: To fuch a Maintenance all Chrift's Minifters have a diviiie Right by Virtue of his Ordinance : Thofe who have not that Right are not his Minifters. A divine Call to his Service^ and a divine Right to the Maintenance he has or- dained, arc infeparable : Thole who have the for^ mer^ are always content with the latter. Intm- ders into His Service may be known by their Dif- fidence of ///i Pay, and their unfcriptiiral "Talk of " Common-LaWy' ** Rrefcription^' " Imme- " morial Ufage," " Conveying of Property by ** Defcent or Succeffion ; '* all which have no manner of Relation to Chrift's Minifters as fuch, nor to any Thing by him ordained refpefting their Maintenance. He tells us, pag. 19, ** that the Clergy found " their Claim to Tithes, as they are now due^ " upon the Laws of the Land, cannot be call'd " dropping their Pretence of a divine Right!' And yet certainly their laying a New Foundation for their Claim, is an Indication that they think the old One infufficient to fupport it : Accordingly, the Examiner himfelf calls their Pretence of a di- vine Right J " a dead Letter to thofe who oppofe •*it:" ( 35 ; '' it :'"' This may be true of a ^Mere empfy Pre^ tence to divine Right where it is not -, but 'where divi?ie Right xQdWj is, divine Power is fufficient to llipport it '' without the Aid of Human Laws." Could the Clergy lliew their Claim to Tithes to be Chriftian^ they would need no Recourfe '' to the " Courts of Juftice" to recover them from us, who ground our confcientious Scruple of Paying them upon our Belief of their being AntichriJUan: The Examiner attempts not to remove our Scruple either by Scripture or Reajhii : But without min- cing the Matter recurs to downright Force, and fays, " No Action can be founded in a Court of *' Juftice upon a Text of Scripture only." This was not the Apoftolical Method of convi?ici?ig Gainfayers, His faying that " the Laws of the Land are '' the only Rule, by which Property is go* ^' verned,"affe(5ls not us, nor our Scruple, founded on the DoBrine of Chrijiianity : He has not yet told us, that '* the Laws of the Land are the ^' only Rule" by which that Do^trifie is to be meafured. In this Cafe of Tithes, where the Laizs of the L a/i d 2ind the Do6trine of Chrift ap- pear to us to difagree, we apprehend, that no ConftruSiion of the Sages of the Law can diflblve our Obligation of Obedience to Chrift's Pre- cept. But the Examiner foars yet a Pitch hl2;her, when, pag. 20, in Favour of the Clergies con- ceited Property in Tithes, he ftrikes at the very Foundation of Protejiantipn^ by attempting to rt- prefent the '' Liberty oi every individual Per fori' to judge for himfelf " of the Truth and Propiie- *' tv ( 36; *' ty of the Interpretation of Scripture," as dan- gerous to Property in general : A hold Attempt, and unwarrantable, had it not been in a Defence of the Clergies Interefl. The Examiner, howe- ver frequently miftaken, has in this Point hit up- on a notable Expedient : For, it muft be acknow- ledged, that the moft efFedual Method of fecur- ing the Claim, even of a Frotcflant Clergy, to Tithes, would be the reftoring to them the Pow- ers, they formerly difclaimed, of keeping the Keys of Scripture in their own PoiTeffion, and making their Senje of it the general Standard for all the reft of Mankind to judge by. " The Clergies Right to Tithe (fays the Exa- " miner, pag. 20.) is as ancient, as the Monarchy, " and coeval with our Conftitution. It had its " Commencement from the Voluntary Gift of " the Owners of the Lands, confirmed by feve- " ral Kings in the General Councils of the *' Realm : Which Laws were collected together «' by Edicard the Confeflbr before the Con- ^' queft." But had he confidered the Dates of many of the Charters of Donations of Tithes granted by Land Owners, (recited by Selden in his HiftGry oflHihes) he would have found that they were made long fince the Conqueft : Confe- quently a Right, which " had its Commence- '' ment from any of thofe Donations, could not " be as ancient as the Monarchy,'* nor '' coeval *' with our Conftitution," nor comprehended in *^ St. Edward's LcWYsJ' He cites, pag. 21, '' the *' Coro/iation Oath'' as '* alter'd upon the Revolu- ^^ tion," containing a Promife to '' preferve unto « ' the Bifliops and Clergy of this Realm, and to '' the ( 37 ) " the Churches committed to their Charge, all *' fuch Rights and Privileges as by Law do and *' fliall appertain to them or any of them." But what he can from thence infer to his Purpofe, we fee not, unlefs he v»dll abfurdly conclude, That the Laws relating to thofe Rights and Pri- vikges arc thereby become zmalterable. Nor ought that Oath to be conftrued in a Senfe ex- tending to oblige the Kings or Queens of this Realm to any Degree of Perfecution or unchrlf- tian Severity : 'Tis obfcrved, that when King William III. took the Coronation Oath of Scot- land, at the Repeating a Claufe therein, relating to Hereticks, he declared, that *' he did not *' mean by thofe Words, that he was under any '' Obligation to become a Perfecutor. "^^ " Nor is it reafonable to fuppofe that the Exercife of un^ necejj'ary Severities can properly be called a Right or Privilege of the Clergy. I may here (fays the Exajniner^ pag. 21, 22.) take Notice of '' the Date of their firft Letter " of Exhortation from the general AlTembly (at " leaft that we meet with) againft Payment of *' Tithes, which is very remarkable, and to ^' which the others refer. The Yearly-Meeting *' oi ^takers in 1687, which had agreed upon, " and prefented a flattering Addrefs to the late " King James^ complimenting him upon that *' which had caufed a Terror to the Nation in *' General, his exercifing a difpenfing Power E 2 '' with ^ Seethe iitb and laft Colleaion of Papers (Vol. I.) rclatwg to the prefent Jun^lure of Affairs hetiveen. Eng- land a}2' Scotland: Printed h Richard Janeway^ ^/nio i6Sa. *< ( 38 ) ^^ wifeh the Laws of Land ; thought it a proper '^^ Time for theni like wife to exercife that Power *' thty had flattered in their Prince. Tis then " the Brethren are exhorted and admoniilied to '^ bear their Teftimony againft the Antichriftian '' Payments (as they ftile them) of Tithes." Had he feen the Letter he mentions, he could not reafon- ably have thought, that the Exhortation therein had any peculiar Relation to that Time: The Words of it are, " And, dear Friends, we do far- *' ther in the Love of God, and his bleffed Truth, and Teftimony of Chrift Jefus, recommend it to your tender and Chrifiian Care^ that Friends ** in their feveral Counties do iincerely keep to *' their Ancient and Chriftian Teftimony againft ** that oldzr\A great Oppreflion of Tithes, for " which many faithful Friends have deeply fuf-: *' fered, (fome to Death in Goals) and feveral ftill *' fuffer." This Exhortation exprefly refers to their ancient Teftimony ; and confequently was nothing then new or unufual. Their Addrefs to King yaines was nol flattering^ but a reafonable Acknowledgment of his Favour, by which (as the Addrefs itfelf fets forth) " above Twelve '^ Hundred Prifoners were releafed from their *' fevere Lnprifonments, and many others from *' Spoil and Ruin in their Eftate? and Properties.'* For the King% '' commiferating their afflidled Condition," his *' exprefling an Averfion to all Force upon Confcience, and granting all his Diffenting Subjeds an ample Liberty to wor- ftiip God in the Way they are perfuaded is moft. agreeable to his Will," they exprefs their humble, Chriftian, and thankful Acknowledg- '' ment5e'- 243 II. Arid there remain now in Prifon in ") the fever al Goals in England and Wales, whofuffer alfo for the Tefti- viony of a good Confcience ; inanv of which are prof ecu ted by Writs of J> Excv^mmunicato capiendo, and have been diverfe of them clofely cor- fin'd upon that Account for fever al T'cars, 276 HI. And ( 40 ; would not have accepted a prefent Deliverance from fuch a State of Afflidlion as a Favour, re- quiring a grateful Acknowledgment ? It was juft- ly obferved by the Perfon who prefented their Addrefs, that " As their Sufferings would have *' moved Stones to Compajjion^ fo they ithould be " harder, if they were not moved to Gratitude.'* They exprefTed a juft Senfe of the prefent Fa- vours they had received from that King^ but they were fo far from " complimenting him upon " his Exerclfing a difpenfing Power with thq " Laws of the Land," that in the very fame Ad- drefs. III. And there have faff ered Imprifon- "^ ment for meeting and rejiifmg jor Confcience fake to [wear \ fome of whom have had the Sentence of aYxtmMXViXfpaft uponthem \ \ 9437 and diverfa of them had their Goods and Chattels dijlrain'd^ and taken from them, j IV. ^he Number of our Friends Ex- *> communicated for not conforming ^ 624 to the puhlick Worjhip, j V. And there have been fentenced for !> Banijhment for meeting together i* 198 to worfbip God, j 10778 During all that Time of terrible Perfecution, the then Clergy of the Church of England zvere in pcrfeot Tran- quillity^ and at Eafe : Nor do we find ^ that they in Con- vocation did ever remon/lrate to the Government the leajl Dijfatisfa^ion with thofe Proceedings, r4i ) drefs, they fay, " we hope the good EfFeds " thereof, f'viz, Liberty of Confcience) for the *' Peace, Trade, and Profperity of the Kingdom, " will produce fuch a Concurrence from the Par- *' liament as may fccure it to our Pofterity in *' After-Times." They were fo far from ^^//^r- t?ig a dijpeiifmg Power, that they expreffed no Hope of Security but in a Legal 0?2e. We have placed the * ^-i/^rf/i it felf in the Margin, which the Reader will find fo far from being 2l fatter^ ing Addrefs, that *tis really worthy of Imitation for the Chrifiian Simplicity and Linocence of its Expreflion. The * To King James 11, over Rv.gland^ &C. ^'he humhle arid grateful Ackftcwledgments of his peaceable SubjeBs^ called Q^u a k e r s, in this Kingdom, From their njual Yearly-Meeting in London, the Nineteenth Day of the Third Month, vulgarly called M-^y, 1687. " \ Ar ^ cannot but blefs and praife the Name of :'^;;2/;; Religion , and to us it doth not yet appear that the Law by tramfej-ring^ this Claim can alter the Nature of it j nor that it can tranfmute drojjj Error into pure Orthodoxy, grofs Ignorance into Golpel Light, deluded Superjiition into Chrifiian Knowledge, or Romijl:> Bo?idage into Protefiant Li- berty, Our Refufel therefore to pay Tithes, even to the Lay-Impropriator, arifes not from *^ An- *' tipathy to the Name of 7/Vfoj," but from a Protefiant and Chrijfian Antipathy to the Na- ture of Tithes as Popijh and Antichriftian : And which we have gone fo far beyond the Exami- ners Expedtation, as to give '' a Reafon for." Gz We ( 54 ) We fliall fay no more in this Place of the ^itk of the Lay-lmpropriators to Tithe ^ only we may juftly obferve, that if they have a good One^ feme of the Clergy in their Writings have moft grievoufly abufed them. But the £x^;7^m^r, pag. 31, fays, " in thefe ^^ {viz, the Eftates of Impropriators) they will ^' find a farther Inftance that the Tithes are a fe- ^^ parate and diftindl Eftate from the Land : For ^' when thofe Corporations, to which they had ^' been appropriated, were diffolved, they did ^' not fall to the Owners of the Land, but fuch ^' of them as had not been furrendered, having " before been alienated from the parochial Cler- ^' gyj were grante^i to the Crown, having no ^^ legal Proprietor, and from the Crown the pre- '' fent PoiTeffors derive their Title." From all which it will by no means follow, that if upon the Diflblution of thofe Corporations there had been no freih Grant of the Tithes, they would not have fallen to the Occupiers of the Land by the natural Right they have to the Fruits of their own Expence and Labour. The £;^^w/;7^r's next Obfervation is, pag. 32, thus, " Altho' in the Preface to tht Brief ^c- "' eount they refer to feveral Texts and Autho- «' rities to fliew, that their Scraples appear not *' to be ill grounded, yet none of them, as I can ^' fee, are any ways applicable to their Refufal ■^^ oi Chiirch'lSi^tes '. And yet thefe like wife are ** inferted as the Occafions of Suffering for Con- '^.^ fcience fake." The Reafon for inferting them, ^uiz, Profecu- flons for Church-Rate^^ in the Britf Account is ob- vious, • ( ss) vlous, they J>eing for Demands recoverable by the ftimmary Method provided, and nevcrthelefs pro- fecutedforby Procefles in the Ecckfiajiical Courts^ tending to Excommunication and hnprijonment. We confcientioufly refufe the Payment of them not ^S2iptihlick I'ax, but as a pvivztc Eccle/iajiical hnpofition for fuperjlitious Ujh, and Purpojes. They are for repairing and fupporting Buildings pretended to be made holy by the BiJJ:op's Confe- cration, a Piece of Superjfition^ v^arrantable nei- ther by Precept nor Example in the New-Tejla^ ment. They are for buying, mending and wafli^ ing, ^i the Prieft's Surplice, which, we think, a fuperftitious Garment not us*d in the primitive Chriflian Church, nor worn by any of the Apo- ftles. They are for buying Bells and Bell-Ropes^ and Organs-, the Jingle of which Inflruments we efteem Juperjiitious, and no where enjoyned by the Gojpel as requifite to Chrijiian Worphip, They are for buying Books to pray by : A Pradtice we find no Foundation for in holy Writ, They are for the paying for the Dinners oi Priejis and Churchicardens at Viftations 5 Entertainments in nothing refembling the Feajis of Charity^ and breakings of Bread from Houfe to Houfc, prac- jifed by the Apoflks. They are for Fees to Re^ gijlers. Apparitors, and the like Attendants on fuch an Ecclefiajiical "Jiirijdi^lion as the Do " &' '^P ^^^^'l.T"^, Ct «' tence of Confcience to another s Eftate ; but only afferts his own rightful Property in his ov/n Eftate, the Property of peaceably enjoying the Fruits'of his own Expence and Labour, to which r\r% fKtcovtry hy Jujlices Warrants may be very properly called one fmgle Method of Recovery. The Examiner proceeds (pag. 54) " Neither « can it be faid to be an wiiform Method, as well *' for the Reafons before mentioned, as that the " Quaker is at Liberty to objed: to the Title, and " thereby force the Clergyman to proceed at *' Law, unlefs he will give it up.'* What he calls " the Reafons before mentioned,'* wo have before iliewn to be no Reajbns : And as to the ^takers being at Liberty to objedl, that £/- berty cannot affed: the Method prefcribed, unlefs he aftually doth objed:, which in Cafes of this Nature he is feldom, if ever, known to do. '' And indeed, fays the Examiner, unlefe ^' there was an uniform Rule for the Payment of *' Tithes, which is not to be found, confider- *' ing the various Cuftoms, Compofitions, and *' Prefcriptions, no other uniform Method can *' be prefcrib'd to recover them, but under *' the Authority of the Courts of Judicature." Here he fliould have confider'd that the Unifor-^ 7nity of the Method of Recovery is not at all af- feded by the Multiformity of the Rule he pre- tends to claim by : For whether his Claim ap- pears to arife from Cuftom, Compofition, or Prefcription, 'tis alike recoverable by one and the jame unijorm Method of a Juftices Warrant, which renders his Application to the Courts of Judicature unnecefiary. The Inftance he cites from the Preface to the Brief Account^ pag. 10, of the Qv.akers fome- times " difpnting his Adverfary's Right to what ^ he claims" in order to obtain a Prohibitioa from ( 90) from a Profecution in the Ecckjtajlical Court, thd- ** Confequence of which may be Excommuni-i ^^ cation and Imprifonment . for Life," affords not the leaft Colour for a Pretence that he will' difpute his Adverfaries 'T'itk upon an Application to the Juftices, which is not attended with any Appearance of fuch Danger. Nor docs their forbearing to " difpute the Title before the Jul^ *^ tices'' arife from any fuch Caufe as he infinuates, but from their Love of Peace, and their dutiful SubmiiTion to the Law. The Examiner is pleafsd, pag. ^^^ to call a Reflection on the " Courts of Juflice" equally unmerited on their Part, and unwarrantable on his ; where he fays '^ When a Suit is brought in *' an Ecclefiajlical Court, they may upon a bare *' Suggeftion, tho' falfe, obtain a Prohibition." Again, " upon telling an Untruth only they may ** obtain a Prohibition." Thus he reprefents the King's Courts as regardlefs of Truth, and granting Prohibitions on bare Suggcftions of Fahhood. This Reflecftion feems to be a Symp- tom of fome Remainder of that old Eccleji.ajlical Spirit y which in former Days, before the Refor- mation from Poper)\ was accuftomed to Jpeak evil of Dignities y and to calumniate even the Powers ordaified of God, upon every Attempt to retrench the afliimed Jurifdidtion of the Church,. To juftify the Condud of thofe Courts againft the Obloquy and Reproach of the Examiner ^ we {hall lay before the Reader the true State of their Proceedings in fuch Cafes. The King's Courts are fo far from granting a Prohibition '' upon a •* bare Suggeftion, tho falfe," that they do not grant ( 9x ; grant a Prohibition upon a bare Suggeftion, the* perfedlly true and well grounded : The Procee- dings in this Cafe are very dehberate. A Motion being made for a Prohibition upon jufl and well grounded Suggeftions, a Rule of Court is granted, affigning a reafonable Time for the Spiritual Court to appear and fhew Caufe why a Writ of Prohibition fhould not be ma.de out: If they appear only, and defire farther Time for (hew- ing Caufe, 'tis ufually admitted : But if the £^- r/^A7/?/W Court, con fcious of their own Irregu- larity, and of the Validity of the Suggeftions, will not appear, a Prohibition is m.ade out to quafli the Proceedings which themfelvcs \vo;:ld not appear to defend. Certainly, the Exammer muft either be very ignorant of the Methods ufed by the King's Courts in this Affair, or elfe he muft have wilfully mifreprefented them, in pre- tending that a Prohibition may be obtained *' upon a bare Suggeftion, tho' falfe." The Ex- aminer may do well to confider whether his own Words, pag. 38, do not in this Cafe retort a juft: P,.epr-oof upon himfelf, ^'oix, " As to the Reflec- ^' tions contained in this compendious Invedlive^ ^•' fo far as they relate to the Courts of Judica- *' ture, they rather deferve Correftion from the *' Magiftrate than from a private Pen 3 whilft ** thofe, who arraign the Juftice of the Nation, ^* cannot but bring an Odium on thcmfelves." It has heen obferved, that when Rules of the Kings Courts to appear and (hew Caufe have been ferved on the Spiritual Courts, they very kl- dom do appear; whether that Negledl arifes f:oin a ConU:ioufncf5 of the B:idaefs of their Caufe or M iio.w ( 92 ; from a Scruple of tranfgreffing old Canons and Conftitutions of the Church, we pretend not to determine. We have ktn feme fuch, Popifh indeed they are, yet republiihed fince the Refor- mation, and dedicated to Archbifhop Sheldon^ in the Reign of King Charles II. In one of which is thus written, viz. * " Whereas it " frequently happens that Archbifhops, Bifhops, *' and other inferior Prelates, are called by the " King's Letters into the Secular Courts, there *' to anfwer concerning Things which are *' known to belong merely to their own Offices, *' and the Ecclefiajiical Court concerning *' Caufes merely Spiritual, for Inftance, concerning " Tithes and Oblations, the Bounds of Parifhes and the like, which can in no wife appertain to the Secular Jurifdiftion We do by Authority of this prefent Council decree, that " Archbifliops, Bifhops, and other Prelates, be- *' ing cited in fuch kind of Spiritual Matters, " may > I ' ' " ' . ■ " ■' " ' ■ " ' ■ .,.. I II ^ * Cum fepe conringat Archiepifcopos, Epifcopos, et alios pr^elatos inferiores per Literas Domini Regis ad Saeculare Judicium evocari, ut ibi refpondeant ib- per his quas mere ad ipforum OfHcia & forum Eccle- fiafticum pertinere nofcuntur— de Caufis mere Spirirualibus, ur puta, de Decimisj & Oblationibus, Limitibus parochiarum & fimilibus, quje non pof- func ad S^cu)are forum aJiquatenus pertinere Scatuimus Au6loritate prsefentis Concilii, quod Ar- chiepifcopi, Epifcopi, & c^teri pra^lati non veniant pro hujufmodi Spirirualibus evocati, cum judicandi Chriftos Domini nulla ^\t Laicis attributa poteftas, apud quos NecefTitas manet obfequendi. — See the Conftitution o/"Boniface ArchUfbop of Canterbury, An- no 1260, intitukdy -flFterna^ Sandtio Voluntatis, tsfr. ujUt what *' he does not know, but left others who have as " little, or as extenfive a Confcience, fliould ** thereby have as much Knowledge." This difcovers his Apprehenfion that Confcience in general, as well as of the fakers in particular, would fcruple his Pay ; which certanily is no Recommendation of its Equity -, but fliews, that even with Re^->ec^t to his own Hearers, he dares not commend \(\^ Maintenance^ as the Apoflles did their Miniftry, ^ to every Ma?is Cojifciencc in the Sight of God-y and indeed he hath fufficient Rea- fon to reflrain him from fo doing, fince by his pleading for l^ithes, the Fruits of Popijh Craft and Superflition, he is effedlually prohibited from faying with them, that he hath rerioujiccd the hidden Things oj DiJlomjJy^ not ijcalking in Craftinc/s, * 2 Cor. iv. 2. (98) Craftinefs^ nor handlmg the Word of God deceiU fully. No Wonder that he defpairs of convinc- ing the ^inkers of the Juftice of a Claim, which, as himfelf believes, the Confcience even of his ov^n Hearers uncompell'd v^ould alfo dictate to them the Refufal of. Th^ Exami7iers Intereft may well inftrudt him to be cautious of commu- nicating to his Hearers the Knowledge of avoid- ing Payments which their Confciences perfuade them to be unjuft -, for in fuch a Cafe he feems fenfible that their Ignorance is his beft Security. We now come to the other Point of his Ob- jeftion, 'viz, that " the Power of the Juftices is " too Ihort," which he thus expreffes, pag. i5;'8, viz. '' but the greateft Uncertainty arifes from " their Defed: of Power, in compelling \}cit ^la-^ " ker to anfwer upon his Affirmation ; or to <* fummon and oblige unwilling Witneffes to ap- *' pear/* Upon this Point the Examiner lays no fmallStrefs: *' This Objedion, Jays he, can- " not toooften beinfiftedon, till it receive an " Anfwer," But this Objection hath been al- ready anfwered, and therefore ought not in Reafon to be infifted on again until that Anfv/er be replied to. 'Twas infifted on long ago by the Clergy of the Diocefe of London^ in certain Obfer- vations by them publifhed in a Paper call'd the Weekly Mifcellany oi March 17th 1737. And an Anjwer thereto was publifhed in the Whitehall Evenifig Poji oi xh^ ift oi April 1738. Part of which Anfwer we fliall thence tranfcribe, n)iz, " the Words of the A61, {viz. that it ihall " and may be lawful to and for the two next Juf* " tices of the Peace ^^ to convene before them the ( 99 ; '^ the ^laker or ^takers negleding or refufing *' to pay or compound for the Same 3 and ex- *' amine upon Oath, which Oath the Juftices ^^ are hereby impov/ered to adminiller, or la " fuch Manner as by this Ad: is provided, the '' Truth and juftice of the faid Complaint, and *' to afcertain and ftate what is due and payable " by fuch ^laker or ^takers to the Party or ** Parties complaining,") are io plain and full as to evince the Miftake of the Clergy in affcrt- ing, that they have no Right to tHe Oath or Affirmation of the Party before the Jullices; but, fays the ObJ'erver, " he, the Re marker^ '' fliouid have added to make his Argument *' good, that they are likewife required fo to do, '^ which the Adt does not fay, and the Juftices *' may not think.'* Nor is it reafbnable they fhould : The Acf fuppofes the Juftices capable bf difcerning what Evidence is fufficient to deter- mine their own Judgment : If the 'Quaker ap- pears, they are the proper Judges whether it be neceflary fo to examine him or not. But here the Oh/crver ftarts a Difficulty, '' If the ^lakcr '' will not appear or will not anfwer," but partly folves it himfelf by acknowledging, that '' in- *' deed, in Cafes where the Vicar can make *' Proof of the Number and ^lantity of the ^' Things taken away, the Juftices may eftimate ' ' the Value and proceed to Dlllrefs, notwilH- *' ftanding fuch Non-appearance and Contempt " on the Part of the i^z/j/^rr." . Wliat he here fays of Things taken awa\\ is true of 7'Lingi not, taken a^ei:a)\ viz, the Farmer's vifible Stock of Things titheable. The ^lantity of his Fruit, ^i and ( Jo*^ ) and the Number of his Pigs, Geefe, &c, may be known, computed, and proved by Witneffes, and the Tithe of what is fo proved, or the Value of it, the Juftices may grant the Vicar : Or, in cafe of the fakers Non-appearance, they may take the Vicars Complaint pro co?ifeJfoy and proceed. What reafonable Man would defire more than to ajk and have ? Or in cafe of Difpute, to prove his Claim and recover it ? Is not this the ufual Method of afcertaining the Tithe ? And can any Way be more plain and eafy for the Vicar ? But the Obfervery to make jQhew of a Myftery, where none is, proceeds upon a Suppolition of the Far- mer's having robb'd the Vicar , and concealed or taken away his fmall tithes ; a Thing fcarce prac- ticable in any confiderable Quantity : For how can he conceal the Tithe, without concealing alfo the Things titheable ? which are generally of too publick a Nature to efcape the Notice of other People. Is not the Recovery of his hjown Claim by a fhort and eafy Method, far more agreeable to the CharaEler of a peaceable and good Natur'd Clergyman, than the facrificing, upon a bare Surmije of imaginary Concealments^ his own and his Neighbour's Quiet by a vexa- tious Law-Suit, for the Recovery of he btows not what ? This, we apprehend, is the true State of the Ca/e y and th^it the Hard/hip is not on the Vicar, who is peculiarly favoured with an ea/y Method for Recovery of his known Claim ; but on the poor ^aker or Farmery who ftands expofed and liable to unnceffary and ruinous Pro- fecutions at the Will of an angry and contentious Prieft, not only for real Claims, which, were he ( loi ) he fo difpofed, he might recover without them, but alfo upon meer Surmife and Conjedure." This (hews, that though the Juftices have not exprefs Power by the A^ to " compel the *' ^aker to anlwer," nor to '' commit him if he *' refufes," ytt thu Defe^ oi Pw^r cannot pro- '' ducc ** a Defea: of Juftice," bccaufe it is abundantly fupplied by the Power they have, in Default of Appearance, to proceed to hear and determine the " Clergyman's Claim upon the *^ Proofs, Evidences and Teflimonies produced.*' The ^mkers Noyi-appearance is therefore at his own Peril, and the Hazard of the Juftices grant- ing againft him whatfoever the Clergyman fhall claim i which Claim may as probably be more, as lefs, than his legal Demand. If the ^aker appears, and objeds to the Claim, he muft either fubjefl: himfelf to the Examination of the Ju(^ tices, or defend himfelf by producing Witncfles to contradidt it; otherwise the Caufc will go againft him, and the Silence of himfelf, and the Abfence of his Witnefles, will naturally be con- ftrued to his Difadvantage. Befides, where the Law empowers the Juftices by Warrant to fum- mon or convene Perfons before them, it feems alfo naturally to imply a Power of enforcing Obedience to that Warrant ; fo that tho' the £a- ^/^/V^^r fayspag. 6i. that '' there is not the leaft *' Degree of Power of Compulfion given them by '^ the Acf^^ yet, 'tis not improbable, that the very Nature of the A5i may fo ncceffarily infcrr fome Degree of fuch a Power, as to make any exprefs Mention of it unnecellary. ( 102 ) But fuppofing the Juftices had an undoubted Power of committing the ^aker to Prifon for Non- Appearance ; of what Advantage could that be to the Clergyman ? Such a Commitment muft neceflarily obftruft the Recovery of his Claims nor could it anfwer any other Purpofe than that of oppreffing his Neighbour without any Advantage to himielf/ Certainly, he that fhould facrince the Recovery of his known Claim to the Exercife of fuch unneceffary Rigour to- ward his Neighbour, would not only merit the Lofs he fuftains thereby, but muft juftly incur the Imputation of being dijhojiour ably fever e. The Exa?mner^ pag, 62, ftumbles upon plain Ground, and ftates a Doubt in a Cafe moft evi- dent. " It may, [ays he, ftill be a Doubt whe- *' ther if the Sum demanded be under 40^. the ** Juftices can proceed againft the Quaker upon *' the Affirmation A6t." He m.ay, if he pleafes, indulge his Humour of Cavilling, where he has nothing material to fay, by doubting whether a Sum under 40 i. be under 10/. for the Affirma- tion Aft manifeftly includes every Sum that is fo, and confequently by refohing his Doubt in the Affirmative, (hews the ' Weaknefs of the Cavil he would raife about it. ' " The 'Examiner denies not, that the Clergyman may recover before the Juftices whatever he can prove to be his Due, but the Grievance he com- plains of is, pag. 59, that in cafe of a Difpute *^ he can have no more than he is able to prove," And he may be in Danger of lofing he knows not what, nor can know v^dthout a Power *' ofcom-- ^' pelling WitneiTes;" fcr^ fay$ he^, pag. 63, '^ - ■ ' ' * '' the ( 103 ) f« the Quantity and Value of them, efpecially ^' Vicarial Tithes, none can be prefiimed to ^' know, but thofe who are moft convcrfant with ** the Detainers, or are imploycd by them in ^' their Affairs." This pretended Ignorance of the Quantity and Value of Vicarial Tithes can no more affedt the Tithe of the ^mkers than of others of the Parifhioners : What therefore the Examiner fays, that *' unlefs the Clergy will *' lofe their Property, they muft neceffarily have f' Recourfe to the Courts of Ju ft ice for Relief," would, if true, make it equally neceffary for the Clergyman to be perpetually at Law with every Inhabitant of his Parifh, (for the Examiner fup- pofes, pag. 49, that he may have an unfetlcd Ac- count with every one of them) and to cite all Per- fons employed in their Aff'airs into the * Exche^ quer^ that he may know the Extent of his Claim, 'Tis evident, that his Pretence of Neceflity is not real, becaufe he doth find Means, without Re- courfe to the Courts of Juftice, generally to fix his Claicn, and to receive it from the reft of his Pariftiioners ; and he might, no doubt, with as much Eafe fix his Claim upon the ^laker^ and recover it by Warrant from the Jufticcs ; for the Examiner cannot reafonably fuppofc, that the Juftices will be fo unfavourable to the Clergy- man, as to refufe to grant him from \\\z j^ia-^ her as much as he ufually receives from other? in the like Circumftances . If "Union of Prin- " ciplc" > ■■ I ■» . ..11. •— ._« * Wh-re to fix a Claim of a fcwShiliirgsbemayprr' ha;^s pa blmjelf and bis Neighbour to the Expc}ice of an hundred Pounds* ( 1^4 ) '" clple*' and being '* of the fame Perfiiafion/* (which the Examiner fuppofes of fo great Weight in the Cafe of Witnefles) have any In- fluence, it muft neceffarily be in the Clergy- man's Favour, with Regard to the Juftices, who cannot be otherwife than of his Church. Where- fore the Examiners Pretence of a ^' Dcfedl of " Power in the Juftices'* to grant what the Clergyman would not apply to them to obtain, appearc ;o be no other than a meer Artifice, to cover hi3 Recourfe to Methods of more Severity, from the ieferved Imputation of Malice and 111- Will, by aicribing to Neceffity, that which real- ly was the EfFed; of deliberate Choice and Defign. The Examiner^ ^2Lg, 64, amufes his Reader with a Pretence that " they (the fakers) are ^' very ready, where they imagine that there is '* the leaft Defedl either in Power, or Form, to " fly to thofe Courts of Juftice from which they *' would exclude the Clergy." Of this he produces what he calls a notorious Inflance, taken from a late Examination publiflied on Behalf of the Clergy of the Diocefe oi Carlijle : That the Reader may have a right Underftanding of this pretended In- ilance, we iliall tranfcribe the Paflage it felf from the faid Examination^ and an Anfwer thereto made In a late Vindication printed in 174 1. The Paflage in the faid Examination is thus, " In the Year 17 19, or 1720, the Farmer of ■' the Redory Impropriate of Hilm-Cultrumy ^' having at a great Expence got Warrants, tSc. '' fetled by Council at London, proceeded againfl ^' a Number of ^takers living in that Parifli, ** before ( I05 ) •^ before two Juftices ; nineteen of them appeal- " ed from the Judgments given by the Juftices •' to the Quarter-Seffions, where the Judgments " being confirmed, one John Saul, (as was gene- " rally underftood, at the joynt Expence of the *' whole Number) brought his Action againfl ^^ the Church-wardens, for levying the Sums *^ directed, by Order of SefTions to be levied. *' This Adlion was tried at Carlijle at the next ** Affize, before Mr. Juftice Frice^ but a Matter " in Law ftarted by the Plaintiff's Council, was " referved and flated by Council -, which being *' argued in May 1722, and determined in Fa- *' vour of the Defendants, the reft of the S^uakers *' fubmitted. The Year following, they paid *' their Tithes without being fummoned before *' the Juftices, and though they have not fince *' done that, they and the 9jjakers in general, '' have, without giving much Trouble, fubmit- " ted to the Judgments of two Juftices." The Anfwer thereto was as follows, '' This Proceeding, if true, feems very extraor- dinary : The getting Warrants fetled by Coun- cil at London, ftiews the Cafes to have been fo in- tricate, that the particular Juftices applied to knew not how to proceed, and confcquently that there might be reafonable Caufe of appealing to the ^im'terScfJiom, The Judgnie:its being there confirmed, were fubmitted to by the ^///z- kers, except that 077e Man out of Nineteen^ whofe Cafe was attended with a dubious Matter in Law, difputed it with the Church-wardens : This Ad: of o?ie of them, the Exami7ier would impute to all the reft, and therefore fays, '' at the joynt *' Expencs ( ro6 ) " Expence of the whole Number/' but knctw^ ing that this might need a Sako, he adds, *' as " was generally underftood." Again, he pre- tends, " that John Saul brought his Adion ** againft the Church-wardens for levying the " Sums direfted by Order of Seffions to be le- " vied." Though 'tis not probable that the Ac- tion was for any more than the fingle Sum levied upon himfelf. Again, the Exammer fays, " that *' the Caufe being determined in Favour of the *' Defendant, the reft of the .^^/^^^tj fubmitted,'* though it doth not appear that the reft of the fakers had any concern in the Affair, but had quietly fubmitted to the levying the Sums direc- ted by Order of Seffions, before johii Sauh parti- cular Conteft with the Church-wardens was be- gun. But the Examine}^ under a mere feigned Pretence of the reft of the ^takers fubmitting up- on the IlTue of this Suit, ulhers in a downright Falihood in Fad:, viz. " that the Year folio w- " ing they paid their Tithes without being fum- *' moned before the Jiiftices.'* This is pofitively denied by them, and the AfTertor is put upon the Proof of it. He adds, " and tho' they have not *' fmce done that, they, and the fakers in ge- «* neralhave, without giving much Trouble, fub- *^ mitted, in moftlnftances, to the Judgments of *' two Juftices." And, no doubt, but they would have done fo in every Inftance, had the Judgment of the two Juftices been legal and mo- derate ; for 'tis not eafy to conceive that the %^< ferj could have any Intereft in the chargeable Me-- thod of appealing to the Quarter-Seffions, if they had not been opprcffed;* So that the Exa?mnerh '^ notorious ( io7 ) *' notorious Inftance" amounts to no more ihafi this, that in the Cafes of mnetee?i ^lakers bein^ opprcffed by a Judgment of the Juftices, eightce% of them quietly fubmitted, and only one attempt- ed to obtain Relief. So that xhtExarnijiey, evea upon the Inilance himfclf produces, prove? the peaceable Difpofition of the Ridkers, by oo lefs odds, than of eighteen to one, againft his Affcr^ tion of their being '^ ready to fly to the Courts *' of Juftice." We apprehend what hath been faid fufficient to fliew the Weaknefs of the Exami^ 7ier\ Objedions to the Method provided by thofc Ads, and to juftify our calling it, ojie, uniform^ Jhort, eajy, and certain Method of Recovery! The Examine?''s Imagination, pag. 65, that hig • '' pointing out the Defedls" of that Method, *' may poffibly encourage others to give an Op- *' pofition to it," is but a groundlefs Surmife, arifing from Sclf-Conceit, and an Incapacity of difcerning his own Weaknefs ; which lie fartlier difcovers, when only from a defired Reftridioii of the Clergy from unneceflary Severities toward the Sluakers, he unreafonably infers a Danger, pag. 65, that '' the Power of fecuring their Pro- '' perty is to be taken away, and their legal Elia-^ '' blifliment at an end." And pag. 66, that the '' Eftablilhment of the Church of England" it- felf is in Danger to be '' deftrov'd 3" as if the' very Being both of Church and Clergy had its Dependence on the Power of exercifing Rigour, r.nd could not fubfift without it. This ^Pou^er he makes neceffary to the Clergies " defending '' themfelves," a Term under which he would palliate the fevereft Profecution for Confciencc, O when when oppofing their Pay ; upon which he has the Affurance to place the Security of the Nation in general, when fpeaking of the Clergy he fays, *' that by defending themfelves, they only guard *' the Out- Works which fecure the Rights of the *^ Crown, the Honours of the Nobility, and the *^ Liberties of the Subjeft/' Thus does he re- prefent the Safety of the King, Lords and Com- mons, as dependent upon the Clergies Intereft. His Weaknefs in making this Reprefentation may have its Service, in ihewing, not how things are, but how the Ambition of afpiring and per- fccuting Clergymen could wifli they were : But let the Examiner furmife what he lifts, other Men may neverthelefs think, that 'tis not poffible for the moft univerfal Exercife of Clemency^ Modera- tion, and good Nature in the Clergy toward the ^akersy in the Recovery of their Claims, to be in any wife prejudicial to the Security of the Efta- blifhment either in Church or State. His Talk, pag, 67, of the fakers " affuming ** a Charafter fuperior to the Law, and contemn- *^ ing the Authority of the Courts of Juftice,'* is fully replied to in pag. 69, 70, 71, fore- going. The Expence and Charge occafioned by unneceffary Law Suits, ought of Right to fall on the Perfon who unnccefTarily brought thofe Suits, and who, " had he been defirous ofob- *' taining his Demand without a Suit,'* was in the Poffeffion of a Method of fo doing. Th^ Examiner, pag. 68, mentions " the Pu- *^ nifhment Invaders of Property undergo," and that *^ in Cafes relating to the Crown Revenue, *' the Laws have been forced to add feverer Pu- " nilhments ( 109 ) <« niflimcnts than treble Damages." But this dotk not in the leaft afFedt the ^akerSy who neither invade any Man's Property, nor lefTen the Crown's Revenue. In the Cafe of Tithes they efteem themfelves the Perfons whofe Property is invaded ; wherefore " the making ruinoas Sei- " zures upon them for treble Damages," only for retaining their own Property, may rcafona- bly z^^tivjhocking. Inpag. 69, the Examiner C2iW\h2X OUT " cen* «' furing the Pradlice of profecuting one for an " Example to others, as common, though un- ** chriftian and inhuman." but takes no NoticQ of the real Caufe of thofe Profecutions upon which that Cenfure is grounded. We arc not ignorant, that the MofaickLaw obliged Thieves to reftore fourfold, and that penal Statutes have been made for the Terror of Evil-Doers. But this is alto* gethcr foreign to the Parpofe. Let the Exami^ ner keep clofe to the Point, and it will be incum^ bent upon him to (hew, that the Praftice of in-. fiiain/Penalties upon Men for the Exercife of their Confclence in Matters relating to the Chrif- tian Religion, is " confiftcnt with the Charac^ *' ter of a Clergyman, a Chriftian, and an En. '^ srlifhmanr Without this he does nothing but evade the Point in Controverfy. For, the ^ua^ kers arc perfuaded in Confclence that the P^;v ment of fithes is forbidden by the ChnJltmiReh^ mn : The Writer of the Exminafion on Behalf of the Diocefc oi London was for making them. in this Cafe, an Example to others iox objltnap ^Molding them. Whereupon m their /W^- (^10 ; tatkn, they obferved, * that '' 2ifalfe Notion of *^ juilice in making Men Examples to others for '* their Objlmacy about Religion, has been a *' great Engine of Ecclefiafikal Tyranny in all V Ages : An infallible Trap to catch the poor " Saints in j for when 720 Cri??je could be laid tQ their Charge, Innocence itfelf has been made One, under the Imputation of Obstinacy, This call Daniel to the Lyons s and the nree Children into the Fiery Furnace :, this put t\it Primitive Chrijlidns to Death: '' I have ufed (fays Pliny in his Letter to Trajan the Emperor; this Method with fuch as have been brought before me as CnKi^TiA^^ : IJirfi de- *' manded of them whether they were Chriftians ? f^ Vpon Confejion, I repeated the fame ^leftion, ^' threatening Punifhment, and if they perjijied I " commanded them to be executed : For I did not *' at all doubt, but that, whatever their Profe/Jion ^■' was, their Stubbornnefs a?id inflexible Obstinacy *^ ought to bepunified. This he did to make them .*' an Example to others. This Imputation of •^ Obstinacy kd our Protefant Martyrs to the •' Stake. And 'tis ujider this Imputation ofO^^ '' stinacy, that Ecclcfiaflical Cenfures and Ex^ " commumcattons are, even to this Day, fome- '' times denounced againft Men not guilty of l^ the Breach of one Gofpel Precept." ' The Examiner'^ great Defeft is, that he doth not fl^ew the Chrifiianity of paying Tithes, nor their Unffieicy with the DoBriue of the Gofpel-, but, •^ Vindicaiion againjt the Chrgy of London, pia, 'I5, 14. ' ^ "^ ' -r i. C( ( III ) but, for any thing he has advanced to the contra- ry, the ^inkers Refujal of paying them may be ^cdtaiy Chriflian : And if fo, all the Examiner'^ Obfervations about Penal Statutes, and Pimijh^ mcnts infiided in Cafes of hi'-cafwn of Property defrauding the Crown, and other Hke OJjenceSy whenftript of the Supple?nejital Aid oi fcanda- lous Infinuations, and abufive Reflections upon the ^takers, will be " found" either " to have " no Meaning," or fuch as is altogether foreiga to the Matter in Controverfy. He miftakes in faying, " This (the Clergies) " Property (viz. in Tithes) is in its own Nature ^' at leafl equal to the reft of the Subjeds :" be- caufe their Foundation is different. The Proper- ty of the reft of the Subjeds is founded on Equi- ty j that of the Clergy only on Laiv : Had not the Law fwerv'd from its Office in guarding other Men's Property^ the Clergy would never have had a pretence to any in Tithes. Tht Examiner got^ on, pag. 70,71, 72, in fuch a manner as if the whole Maintenance of the Clergy depended upon the Exercife of Severi- ty toward the ^takers 3 for the defircd Reftridion had Relation to them only. In Regard to the Tithes recoverable from their own Hearers, and all others, except tht ^takers, there was no Attempt made to alter any thing : Both the Old Founda^ tiojis, and the Additiorial Fences, which fecure their Tithes to them, were to have remained un- touched ; and as to the ^inkers, the Exercife of Old Severities was made altogether nccdlcfs by the peculiar Favour of a concife and eafy Me- thod of Recovery ; And yet tiiC Examiner has the (112; the weak Afliirancc to talk, as if the Laws *^ which had flood the Teft of Ages were going *^ to be taken away," the Clergy, " by a Ge- *' neral Outlawry, to be put out of the King's *^ Proteftion," and as if *' their all was at " Stake" A terrible Outcry! But for what? For the Power of oppreffing thofe from whom they may recover their Claims with Eafe : A Power, which they pretend a Neceffity of retaining, for the fake of making the confcientious With-hol- der of Tithes '' an Example to others," that they, feeing the ^aker ruined by fuch a Profecu- tion, may be terrified from contefling the Cler- gies Demands : But neither this Examiner^ nor any other Writer on the Clergies Part, hath yet fliewn us what we afk*d for in the Beginning of the prefent Controverfy, viz, * *' Where is the ** Chrijiianity^ or even Humanity, of facrificing a *^ Man, his Eftate, or Liberty, with fuch a dread- " ful Defign ?" The fakers Requefl to the Le- giflature was in effeft, that they might be fecured from the Power of being fo facrificed. The Clergy exerted themfelves with a remarkable Ve- hemence and Zeal to oppofe that Requefl 5 but though 'tis generally known, with what an un- common Concern they laboured to retain the Power of OpprefTing, yet the Examiner feems uneafy, that " for this only they are filled Ad- *' vocates for OpprefRon ." But who can help it! The •^ Vindkaiicn in Anfwsr to tks Londqn Ckrgy\ :ir. 14. ■ ( 113 ) The Examhier^ pag, 73, obferves, that ^^One, ** who whilft the Bill was depending, efpoufed " their Caufe, who tho' he declares he has no " Acquaintance among them (let thole who can *' believe it) mentions 1 153 Profecutions without *' the leaft Imputation upon any but the Clergy, '' and thereupon breaks out into a Rant, '* J/je *' utmoji Force of Lnagi nation cannot paint an <« J^CU 7nore terrible to our Fears^ than wfut " the Cruelty of the Clergy daily Jets before out* " EyesJ' For this he cites the Anfwer to the Country Parfons Plea, pag. 80, but what is this to the ^takers ? The Examiner himlelf ac- knowledges, that '' They did not lay the Whole *' to the Charge of the Clergy." The Imputa- tion then is none of theirs. The Writer of that Anfwer, who calls himfelf a Member of the Houfe of Commons, was probably of the Ex- aminers own Church, and the ^takers (who certainly know that they had as little Acquain- tance with him as he declares he had among them)are in no wife anfwerable either for his /;//- putatiofis or his Sarcafms, At the Latter of thefe the Exami?ier feems to imitate him, when he calls him " this Wretch, whofe Weaknefs artd " Scurrility had rehdred him beneath Notice, who ^' like an Infec!^ had ftruck his Sting againft, *' what it could not wound, and died." Thus the Examiner flings a dead Man 5 a Thing which perhaps no Infcd would do. The Ex- fjniners Infmuation, as to the Caufe of his Death, feems Uncharitable, and may probably be unjufl: Let the Ex^Wwcr, if living, but confider, what a Qnantity of Poyfon Limfelf has emitted intt. ( "4 ; againft the fakers in feveral Pages of his Pam« phlet ; and his own being yet alive may ferve for a Confutation of his Remark, and may effedually convince him, that a fmitlefs Dilcharge of Venom does not always iffue in prefent Death. How- ever we Cannot but obferve, that the Exa?mncr on this Occafion expreffes as much Uneafinefs as if the Sting of anlnfeft had really wounded him. But, be that as it will, *twas the Clergies own Condud: which at that Time brought upon them the Imputation of all thofe Profecutions which no^ Body elfe appear'd to defend. This Impu- tation had flill remained on them, had not the Juftice of the ^lakers taken off a great Part of the Blame they had laid themfelves under ; for, by publiiliing the Brief Account, they placed each particular Profccution at the Door of its own Author, and difcharged the Clergy from every Fad: which did not in the ftridleft Senfe entirely belong to them. Had the Examiner been a generous Adverfary, he muft have ac- knowledged the candid and ingenuous Dealing of the ^inkers in this Refpedt ; but he appears both ungenerous and unjuft, in afcribing to the ^akersthQ,farcafiickExipvtGiom of a Perfon, pro- bably a Member of his own Church, in which they had not the leaft Concern. Their produ- cing Quotations from that Writer, and their Approbation of his Reafoning in what they fo produced, doth not make them Refponfible cither for his Language or Sentiments in any- other Part of his Writing. Nor does the Ex- a?ni7ters Anger at an Exprefwn of that Author which we did not cite, in the leaft tend to de- monftr;ite ( 115 ; monflirate the Weaknefs of his Reafoning in what we did cite. Such evafivc Subterfuges only difcover a Deficiency of Matter for a folid Reply. His Cavils, pag. 74, at the Brhj Account, arc fcarce worth regarding. The Matters of Fac!! in that Account are fo clear and plain, that the moft fubril and evafive Attempts to confute it have hitherto prov'd ineffedlual : And the pre- fent Exam'neroi only feven Cafes therein appears fo diffident of his Succefs, as that he dares not fubmit his Scrutiny of tliem to the Perufers of it, without previouily attempting to byafs their Judgments with no lefs than eighty eight Pages of perverfe and abufive Mifreprefentations. He bulies himfelf, pag. 75, in making a filly Diftindlion betwixt Memoirs and Records, which are but t\vo Names for o?ie Thing \ and expofes his Weaknefs (pag 76) by talking of the '' legil^ " lati-ve Power'' of keeping Memorandums, The Credit of our P^ecords is with us undoubt- ed, and the Comparifon the Clergy have hitherto made of them with thofe of the Courts of Law, have generally tended to confirm the Truth of them. The E.v.^;;;///6r's faying, that '' tJiefe Re- " cords are kept v/ith the greateft Privacy, not *' permitted to be feen by any but the F/vVWx, *' and by few of thofe," is not true, becaufe not one of the Friends is excluded from feeing them, nor do we know that any Perfon, upon reafon- able Application, and juil: Caufe aiTigncd, was ever denied the Liberty of infpecting them : So tliat the Examiner ^ Notion of their " Con- '' cealmenf' being hut imaginary, his " -S"//^/- '' ivW/' of their '' Faljhoodr" \\\\i\\>^2. iiom thence, P ^ 'is ( 1^6 ) IS grotmdlefs. Whatever tht Examiner is *' in- '^ clir/d to think," who feldom fails to think amifs of the ^laken^ they have nothing to fear from the Infpeftion of their Records by the Members of Parlianient, or any Body elfe, be- caufe the Evidence of T'riith they carry, is fo plain and nndifguifed, that they cannot fail of being leafl JiiJpeBed by thofe who moji infpeB them. The Truth of the Brief Account has reduced the Exanwiers of it to the hard Neceffity of raif- ing feigned Pretences of Falfhood from fuch tri- vial Miftakes, as the tranfcribing and printing a Variety of Papers a-re more or lefs unavoid- ably incident to. Another miferable Shift they have been reduced to is, that of Applying fuch a Miftake in fome particular Fad:, to a Multitude of other Fads, entirely diftindl and independent, and which have no Manner of Relation thereto. The Recourfe to fuch Methods of Defence is an ^ifured Symptom of a diftrefled Caufe. But in Defence of their drawing gejieral Conchifiom from -particular Eremijes^ this Examiner fays, pag. 77, *' If a Wltnefs be proved falfe in one Part of his* ** Evidence, tho* poffibly he may not be deted:- *' ed in other Parts, would the Perfons produ- *' cing him be allowed to infifl:^ that what he '' depofes, are diflind and independent Fafts, '' and his Miftake (for by that Term they might *^ be apt to paUiate his Falfliood) is not appli- " cable to all the Reft? Undoubtedly they " would not.'* This undoubted Refolution of his is drawn from a falfe State of the Cafe: For the Vacls in the Brief Account are not only dijilna dipn^ from, and independent of, one another, but the Narrative of each Fa<5l was received from a diftind: and feparate Perfon : And certainly the Miftake of one Perfon in his Relation of one particular Fadl, cannot with any Colour of Reafon or Juftice, be prefumed to detrad^ from the Credit of other Perfons in their fe- veral and diftind: Relations of other diftindl and feparate Fads, fuch as thofe in the BrieJ Account are. The Examiner proceeds, and fays, JNay tar- *' ther, if it fl^iall appear that thofc, who pro- " duce the Evidence, have been tampering with, " and preparing it, either to conceal Part of the " Truth, or by Ambiguous Words to dilguife " it the'proving this will bring a Dlfcredit upon *' any other Evidence which they may bring to ** fupport fuch feparate and diftind Fads.''' We fhall endeavour to demonftrate, that he has not provM any fuch Matter as he fuggefts, and that the Inftances he produces are miutti- cient for fuch a Purpofe. . u . r The firft Inftance he produces is that ot^a Clergyman^s having been charg'd with - prole- « cutin- a ^laker at Law for a Mattor reco- " vSk by the 7th and 8th of King Wilham - III. and it is proved that the Perfon they name *' was not profecuted at all." ^ ,. t a The Infufficiency and Fallacy of this Inftance we have demonftratcd in our VindkaUon written in Anfwer to ^h^Exammation in Defence of the Clergy of the Diocele of YorK See the faid Vindication iiom pag. 139 to peg. 15c. P2 «^^ (iiB) His next Pretence is of " too many Inftances <^ where the Profecution was begun before thofe *' ^3fs were in being." To this the Reader will find an Anfwer in pag. 465 and 47, of the aforefaid Vindication. And in pag. 56, ^y^ of the fame ; where the In- fufficiency of thofe two Inftances, which he de- ceitfully calls too many^ is fully fliewn. We now come to an Inftance of his own pro- ducing, pag. 78, where he fays, ''So like wife in *' tampering with and preparing their Evidence 9 ** to mention an Inftance among many, when *' A?7ios Bickkam is faid to have been profecuted " in the Ecclefiafiical Court, at the Suit of "^ohn *' Sisjain Clerk ; and this is brought as an In- *' ftance of a Profecution there for a Matter re- ^' coverable by the aforefaid Statutes, if upon *^ Examination it (hall appear that Swain w^as *"' only a Parifti-Clerk, and fued there for his '' Wages as fuch, and that he had no Remedy " by either of thofe Statutes. Is not here a grofs *' Prevarication, by the Ambiguity of the Word *' Ckrk^ joined with the Falfity, that it was ^' for Dues recoverable by thofe ylBs ? As this *' Evidence has been thus prepared and inftruft- *' ed by them, what Credit can be given to it, '' when applied to different and diftind: Fads ?" Upon this Inftance the Exafjtiner notably ex- erts himfelf, and difplays his Reading by quoting Grot ins, to fliev/ that '' Words are to be made " Uie of according to the Senfe in which they '' m.ay be underftood by thofe to whom they *^' are fpoken,'' Puffendorff^ to define *' the Sig- " nification of the Word. Knave >" zxid, JJbcratcs^ to ( 1^9 ) to fliow " that to ule ambiguous Sayings in Ju- '' dicial Contentions is fcandaloufly balb, and a ^' very high Degree of Wickednefs." But what will the Reader think of this Ex- {imlner, if it Ihall appear that all this Charge of Prevarication, Ambiguity, and Wickednefs, has no other Foundatioii than an Error of the Preft, in omitting the Word Parip ; and that the Ex- aminer in all Probability could not avoid feeing it to be fo. For Proof of this, we refer to a Col- leBion of Inflances relating to Parifh-Clerks taken by himfelf from the Brief Accoimt, and inferted in his ExarfWiation, pag. 85, where he cites twehe feveral Cafes containing the Profecutions of twenty one Perfons for Clerk'sAVages. ^n all which Cafes himfelf admits the PariHi-Clerk to be plainly defcrib'd as fuch. The Inllance of Amos Bickham by him produced is the thirteenth Cafe of the fame Nature. With what Colour of Reafon can the Examiner fuppofe, and with what Face can he aflert, that tlie Compilers of the Brief Account had a Defign of impofing Pa- rifi'Clerks upon their Readers for Parjbns, by the Ambieuity of the Word Ckrk, when he plainly fees^ that 'tis left ambiguous only in one Cafe of Thirteen, in etery one of which they had an equal Opportunity of fo leaving it ? This we think a clear and rcafonable Proof, that the leaving it fo in that one Inllance was ac- ciilental, and not defigned. But the Strength of Prejudice againft the %^A'^r^, has betrnv'd the Examiner into a moft apparent A(It of injulllce, in charging the ^mkers as guilty of grojs Pre- 'varicittion, from the Printer's Omiffion of a Jmgle ( ^20 ) fi^gk Word mom Inftance, in Defiance of twelve plain and undeniable Proofs of their Innocence wliich hinfifelf had collecfted. He (hould have confidered what the learned * Author^ by himfelf laft cited, fays, viz. f '' Nothing is either *' honeft or decent, which is not both fpoken and " done with Juftice :" But 'tis the Unhappinefs of thofe who entertain Prejudices againft others about Religion, " || by confidering only the wrong *^ Side of Things, to fortify their Prejudices to ** fuch a Degree, that the plaineft and moft con- ** vincing Truths fliall not be able to have any *' Accefs to them,, or make any Impreffion upon *^ them." The Examiner is pleafed to fill his next two or three Pages, viz, from pag. 79 to 82, in re- citing and reflefting upon fuch Pafiages as fuit his Purpofe of a Controverfy with Thomas Philips^ Vicar oi Langharne^ who profecuted Daniel PFiU Hams for Tithes. The marginal Note on that Cafe in the Brief Account, pag. 179, begins thus, *' The Vicars Demand on Daniel Williams *' was about is. 6d. and his Son, not a ^aker^ ^ tendred the Vicar five Shillings before any *' Profeaition began, bidding him take his Due •* for his Father's Tithe ; but tJie Vicar refufed ^l it, and replied, Daniel muftjiiffer'* The Ex^ aminer '^- "• • • ^ liberates in /jfjPanathenais. 1^ \iyoij.ivov j^ v^ATTifiivov' See a Coil e El ion of Itocraces'j Orations and Epijlles^ with the Liilm Verfion of Hiero- nymus Wolfius, fnnted at QtntvsL^ i^5i> p^ig- 53^- (j Archhijhop Tillotfons Sermons in Octavo, Vol 5, Dag^^ 122, Edit, 1700. C 121 ) aminer has only recited fo much of the Vicar'S Anfwer to this Paffage, and of our Reply, as mi<^ht ferve his Defigii of mifreprefenting it ; wh'erefore we muft fupply his Defefts. Tlic Vi- car in his Examination of this Cafe plainly ac- knowledged the Tender made, and did not deny the mentwned Reply, but denied that the Perfon who made the Tender ws Daniel fVtlliam s Son In anfwer to this he was told, that " Darnel " Williamsi Son might fend the Money tendred " either by his Wife or fome other Perion ; and " 'tis well'known, that in fuch Cafes, a Man is " ufually and in common Acceptation faid to do " a Thing, which he employs another to do tor " him " This appears to have been the real State of the Cafe, nor did i\xt Vicar ever deny that the Perfon who made the Tender was fent bv Daniel Williams i Son : But as to the Words (Daniel muft Juffer) the Vicar \^^ h.s Dejcnce pa- 8, fnvs, " I do declare, that I never ufed « die Words they charge me with, to any 1 er- « fon whatfoever." But what induced him to make this negative Declaration ? He tc Is us in Ae Page next foregoing, where he calls thofe Word°'' a very unkind Reply, and fuch an One. « A>w Zv, as, i think indeed, I was not capable "of making to any One." Upon which in the Remarh upon his Z).y^«a', pag. 21, tisthus obferved " This Plea is very extraordinary. Th. «' Man who^' perfonal?" The Matter ftands at prefent thus 3 The Vicar denies that he ever us'd thofe Words, Daniel miifi Jiiffcr, to any Perfon whatfoever. We are credibly infoi'med that the Perfon whom Daniel Williams^ Son fent to tender the Money to the Vicar, and to whom he exprels'd thofe Words, is yet living, and ready, if requir- ed, to make Oath of his ufmg that Exprellion. But as we efteem the prefent Examiner but an officious Intermedler in this Affair, v/e iliall con- cern our felves no farther therein, till the Ficar himfelffhall declare his Defire to have it reaf- fum'd. In the mean Time, we fliall only ob- ferve, that the Cafe it felf, (abflrad: from that Expreffion) was exceedingly grievous and op- preffive, and worthy the Cognizance of thofe to whom it was prefented. The Examiners Obfervation, pag. 79, 80, that, " the Word fuffer is rather a cant Word of " the ^lakers^ when applied to the Payment oi " a juft Debt, and not likely to have been ufed '' by the Vicar •/' is not juft : For the Sluakers never apply that JFord to the Payment of a juft Debt, but to Profecutions forunjuftand unchrlfiiaii Demands. And that Word which they ufe Jeri- oiifiy ( 123 ) ouJJy, might very probably be fcoffingly retorted Upon them by the Vicar. The Examiner'^ next Pretence is, that '^ the " Specifications of Caufes, Perfons, Places, and *' Times, in the Brief Account^ are inlufficient '' to fiipport the Credibility of our Cafe prcfcilted '' to the Parliament." The Ileprefentation made in that Cafe was^ '' That there had been profecuted in the Ex- '' chequer, Ecclefiajlicnl, and other Courts, for De- " mands recove^'able by the. faid yf^j, (viz o^. '' the 7th and 8th of K. /r. III.) above Eleven ^' Hundred of that People, of whom near three ^' Hundred were committed to Prifon^ and " feveral of them died Prifoners. '' Thefe Prosecutions, tho' frequently com- '' mcnced for trivial Sums, from four Pence to '' five Shillings, and great Part of them for Sums " 'not exceediiig forty Shiliiiigs, have been a^'- *' tended with^fuch he'avy Cofts, aiid rigoro«JS '' Executions, that about eight hundred Pounds "' have been taken from Ten of them, where '• the original Demand did not amount to fiftd'h '' Poundsi' The Clergy oppofed this Rcprefentatlon as '"■ a Thing fcarce credible, a hare Surmife ot the '' ^/akerl, and requiring a Specification of Facts *' to fupport it." The Specifications exhibited in the Bnef A'- ccwit do, we think, eftedually llippoit it in ■ every Particular, by iliev/ing^ I. Thaf I 180 Prrfons have been profecuted. II. That 302 of them were comuiittcd to Pri- • fon. Q_ III. llKit ( 124 ) IIL That 9 of them died PrifonersJ IV. That the Sums fued for were frequently from four Fence to jive ShiUi?igs : That in * one Cafe, a poor Widow and her Son were impri- foned eleven Months on a Verdift for one Penny for Tithe- Wool. And that in -f another Cafe two Perfons were excommunicated and fcnt to Goal for a Demand of but one Farthing each, for a Church-Rate. V. That a great Part of thofe Profecutions Were for Sums not exceeding Jh^ty Shillings, VI. That heavy Cofts and rigorous Execution^ have attended thofe Profecutions, of which there are a great many Inftances ; in fome of which the Proportion of the Sums levied to the Original Demand is greater than that of eight hundred Pounds for Demands of Fifteen, The Specifcatio7is therefore are {o far from being defeBive^ that they demonftrate the Griev- ance complained of to be really greater than 'twas reprefented. But the Exajniner objects, pag. 83, that the Tide-page of the Brief Account^ calls them all Profecutions for Demands " recoverable by thofe " Ads." Tho' the Word all is not in the Title-page : And the Preface to that Account fuppofes an OhjeBion^ " that in fome of the Cafes " the Yearly Demand was not recoverable by *' thofe Aars :" An Objedlion of fo little Weight, that a Clergyman, peaceably inclined, may, as diverfe of them have done, eafily get over it, by dividing his Claim into Parts feparately fo reco- verable : ■ ■ ■ " ' I ' ' ' * I ■ 5 Briej Account ^a^, 22, f Ihid, pag, 38. ( l^i ) verable : Yet to anticipate fuch an Objeftion, 'tis alfo obferv'd, that " Care has been taken to dif- *' tinguifli thofe Cafes by fpecifying the particu- *' lar ^ms :'* A Diftind:ion, which Ihews the Mit- take of the Examiners faying, '' they have fpe-r *' cified them, as Demands recoverable by thofe " Ads." 'Tis farther obferved, that " fuch '^ Cafes being but few, the Surplufage of ouc '' Number will more than admit of their De- ^' dudtion.'* A Surplufage fo large, as to give the Clergy Room to exercife both that and other fuch Evafions as the Support of their Caufe diipofes them to afe, without any diminifhing the Num- ber of Profecutiona which our Cafe at firft repre- fented. '' But, (fays the Examiner, pag. 85,) thefe are " not the only Dedu6lions, unlets they will fur- *' mife, that Demands not comprehended in " either of the A^s^ and for which the Juftices *' can give no Remedy, were recoverable there- " by : Of this Kind are PariQi Clerks Dues, of *' which not a few Inftances are given to fwell *' up the Brief Accou7ity But in this he is mif- taken, iox \\\^ Brief Account wtt^}^^^, no fwelling u p, the Number being fufficient tho* thefe Inftances alfo had not been mentioned. We have a better Reafon than that for mentioning them, vix, to evince the fuperlative Iniquity of the Ecckfiajlical Courts, in worrying the King's Subjects, not only for Demands recoverable by thofe ABs^ but even for Claims fo illegal as not to be recover- able by any * Statute or Law of the Realm what- 0^2 foever. * '\ho' perhaps feme old Popilh Canons 7na^j favour fuch Clviiair, ( 126 ) foevcr. The Exami?2cr appears to have exerclfecl his utmofl: Induftry, in collecting all the Inllances he could meet with in the Brief Account of this Kindi and alfo a Parcel oi others, whereni, as he fays, " the Brief Account fets forth the Profe- ^' cution without telling what the Demand was *' for, or for what the Suit was brought,'* This Objedtion we have already anfvvered in our Re^- marks on the Defence of the Diocefe of Lichfield and Coventry j which Anfweris as follows. " I. 'Tis to be confidered that the Acl of the 7th ^' and 8th of King TVilliam the 3d, for Recovery ^' of Tithe from Quaker s^ limits no Time, fo. that " the Tithe, within the limited Value, for any " Number of Years, may be recovered thereby. " IL That any Sum, or Sums whatfoever, not ^^ exceeding 10/. are recoverable thereby upon ^' one Application to the Juftices. *' III. That all manner of Tithe whatfoever, ^' vjhoi& Annual Value does not exceed 10/. may " be recovered thereby. \^ IV. That 'tis in the Option of the Claimant ^' to recover his Demand annually, if he thinks '/ fit. *' V. That it very rarely happens that the *^ Tithe of one Kind, in one Year, from one f' Pei'fon, amounts to fo much as 10/. " VI. That if it (liould happen to amount to ** more than that Sum, the Claimant^ were he ^^ fo difpofed, might, by parting his Demand, ^' ^afily make each Part recoverable by that '' Aa. ' " From thcie Premifcs duly confidered, It ^: will pkiinly appear, that it was in tlie Pov/t^r ^'■of ;' ^27 ) " of the Clergy, or other Claimants, in every " Inftance ot Prolecution for Tithe, where the " Title was not in qucflion, to have recovered " their Claim by Juiliccs Warrants, had they '' been defnous to ufethat Method. Wherefore *' we were under no manner of Obligation to '' mention, either icbdf Tithes, or of ivhcit Fa^ '* ///t' they were, iji a Collection of Cafes, '' wherein all the Demands for Tithes, of what '' Kind or Value foever, might have been reco- *^ verable by the faid ylc?^ at the Option of the " Profecutors.'* Seeing then all Profecutions of fakers for Tithes had a Right to be inferted in our Account, we are under no Obligations to allow the Ex- aminer the Liberty of dedudting any of them, Ncverthelefs, fliould we fo far condefcend to his Weaknefs, as to indulge him in the Dedudioti of all thofe Cafes which his fertile Fancy has enumerated ; there will flill remain in t|ie Brief Account a Number of Profecutioi>-s fufficient to verify our Cafe prefcnted to the Members of both Houlis of Parliament, to whofe Confideration it was hun,ibly Submitted. Who they are that have a '* great Contempt for the Perfgns, and Under- *' ftanding of other i\[en is too vifible," by their attempting to impofe upon them the Popifh Su- perllition of Tithes, under a feigned Notion of Diz'ine Right \ and when at length that Fidtion was generally fccn through, to delude them a- frelli with a fpcious Pretence of F rote ft ant Fro- p€k't\\ The J^xamincr farther objects, pag. S6, '^ They complain, that the ProfccutiorjS were '' feverc ( t28 ) <^ fevere, attended w:th cxccffive Cofts and Char- *« ges, the Proceedings ruinous and deftrudive, *' that they were Grievances that required Re- *' drefs, and apply this to the Cafes in general/' *Tis certain that the Profecutions in general were of one and the fame Nature, and that all of them had a Tendency to produce the fame rui- nous Confequences of Sequeftrations or Imprifon- ments, as too many of them did. If the ruinous Effeds of fome of them were prevented, by the Profecutor's afterward declining to proceed, or by any other Means ^ the Nature of the Profe- cution it felf was not altered by thofe Means of preventing the End it evidently tended to : The Profecutor's defifting from the unneceffary Mea- fures by him taken, ihews, that his more fedate and deliberate Judgment did difapprove of the Rafhnefs and Severity of his own Choice. The Pretence of a '' Defed: of Power in the *' Juftices" v/e have before fhewn to be only ** furmifed" by the Examiner^ to palliate the Profecutor's determined Rejedion of that Method ; and the Pretence of " difgovering and afcertain- *' ing the Quantity and Value of the Demand" lias been frequently advanced for no other End, than to cover a malicious Profecution in the £x- ehequer^ or Eccleftaftical C-omts^ under the fpe- cious Veil of a feigned Neceffity ; while there has not been ajiy Colour of '' Pretence that the *^ ^lahr' refufed to fubmit to the Examination of the Juftices, " before the Suit was brought/' Seeing then the Legijlature in this Cafe, ^by indulging the Clergy with a more eafy Method of recovering their Claim, hr.s rendred their Recourfe ( 129 ; Recourfe to feverer Methods unneceffary, the Choice of thofe Methods is juftly to be con- demned as Vyichrijiimu 'Tis a known Maxim in Law, that Cejjante ratkne Legis, ccjjat Lex ; now, the Reafon of thofe Laws in this Cafe is cealed, wherefore a Reftridion from the Ufe of them in this Cafe is juft. The Examiners QH?^y> P^g 87, " Can they '' fhew any Law which 7nay not be abujed on one '* Side or the other," does not afFedl the Reibicr. tion in this Cafe propofed ; which is not con- cerning a Point wherein the Law may be abiifedy but wherein the La%i> cannot be recurr'd to with- out Abufe. And in fuch Cafes, an unavoidable Abiife of a Thing is a vaUd Objedion againft the Ufe of it. Wherefore it may be very confiftent with the Juftice of the Legtjlature to reftrain Men fronii the Exercife even of a Power otherwife legal, in Cafes wherein it can't be exercised without Op- preffion. 'Tis their own needlefs Recourfe to feverer Methods, which is indeed " moft injurious to *' the Charafter of the Clergy j" and the Ex-- am'uier is injurious to the ^mkers, in attributing; to their juji Cenfure^ that which was the real Confequence of the Clergie's U7ijufi Choice, A Choice by which we charitably iiippofed them to *' facrifice their own Quiet," not apprehend- ing them to be of fuch a Difpofition, as to pur-* file '' the Oppreffion and Ruin of their Neigh- " hours" without fome Uneafinefs. If, as the Examiner fays, pag. 83, ^^ the *' fakers venturing to defccnd to Particulars, and '' to ( ^3^ ) *' to hy before the Publick''. their Bnef Alcouni of Profecutions, " has greatly conduced to vindicate '' the Charaders of the Clergy 5" we envy them not the Advantages receiv'd therefrom. Tho' we think, that had that Account, in its own plain and undifguifed Relation of Fads, been of real Service to the Clergy, the Abundance of Jlf Craft and Jtudicd Fallacies, which the feveral Examiiiers of it have exercifed to pervert it, might have been fpared. The Examiners Irony, that " the Meekneft " of our Spirit has appeared from our general " Writings," we apprehend, we have given no juil Occafion for in this Controverfy. We have endeavoured to difcharge our felves towards the Clergy therein, by expreliing "Truths to them unacceptable, in a Manner not juitly oitenfive. The Exa7niner however might have forborn to mention Meehicfs of spirit in a Performance which abundantly difcovers his own Want of it. We have hitherto endeavoured to cleat- the ^takers Chrijiian Scruple of Confcience from the grofs Abujes of the Examiner^ the Acls of the 7 & 8 of K. W. III. from his Charge of Lifuffici- ency, and the Brief Account, with the Befhices oi it, from his Mijreprefentations. We are next to confider his Examination of thofe few particular Cafes, which he has thought fo lo?ig a Preamble oi general Calumny and Dijguije necefliry to inr troduce. SECT, ( 131 ; SECT. III. ^e ExiLMiNER's Enquiry into the Particular Cases cmfidered, •^T^HE Exajniner is pleased pag. 89, 90, to J^ make a nice Calculation of the Number of Pariflies in the Diocefes of Canterbury and of Roche/ier^ and in the Deanry of Shorebam, a pe- culiar Subjcd: to the Archbifliop of Canterbury ; which Calculation ifiues in this, that " the Pro- ^' fecutionsby the Clergy were all in the Court ^' of Exchequer^ and out of 220 Incumbents^ *' as the Number is computed to be in the Dio- "' cefe of Canterbury^ four only have fued there '^ within forty Years, and Ojie in the Deanry of '^ Shorehcmy This verifies what we before obferved in our lotrodudion, that '' th^ Brief Account of Pro- *' fecutions, by the Fewnefs of the Cafes in fo '' many Years witiiin that Dioeefe, did fuffici- '' ently juftify the ^c-;;^rj/ C^/^^^f^"? of the Clergy *-' there:" By v;\\u:\\ general Conduct they feem to ilicv-/ their general t)ifapprobation of fuch Pro- fecutions ; which therefore, had not the £x- amincr undertook to juftify them, oiight to have been regarded as the Af only of the j^articular Perfons wlx) io fued. R Wc ( ^32 ) We are told, that " of thefe five Clergymen, <^ Jour h2id been dead many Years before the *' Publication of the jBr/^^tT02/;2if." And what of that ? Are the Fads lefs true becaufe thofe who did them were mortal ? Certainly not. What elfe would the Ekamhier infer from their Death ? That " they are all cruelly charged/' A Cruelty which never exifted but in his own Imagination -, for, we can affure him, that the Compilers of the Brief Accoimt knew not, but that they were all alive at the Time of its Publi- cation. But what's the Charge he talks of ? Only this, that " * Since the ASs made in the 7th ^' and 8 th Years of the Reign of King tVillia?n *' the 3d, for the more eajy Recovery oj Tithe s^ *' Church-Rates, &c, thofe that have made the " former expenfive Ways of Proceeding their *' Choice, feem to be left without Excufe, and " to ad upon other, lefs juftifiable^Aff?/'/^'^^, than *^ the mere Recovery of their pretended Diies^ Which is but a general and natural Inference drawn from the very Nature of the Fads them- felves. Wherefore, the " Veracity of the Charge," as he calls it, is fo neceflarily conneded with the Truth oi \ht FaBs, that it cannot be avoided without difproving them : Which whether the Examiner has done or not, we are next to con- fider. CASE Preface to ibe Brief Account, /^f. 5, ( 133 ) CASE I. BRIEF Account, pag. 6i, 62. [A] 1698. " John Love the Younger ol Cautcriury *' was profecuted in the Exchequer for Tithes, at " the Suit of Humphry Brailsjord, Parfoii of '* the Parifli called All-Saiiits in Canterbury, To which this Note [ A ] is fubjoined. " "John Lcnje was a pdr)r Man, and had a " Wife and four Children ; the^ Demand for ^' Tithe was 2/. 125. od. for about five Years, " (tho'hisRentwasbut 5/. pery^w;^;;7.) He was " committed to Canterbury Goal on the 27th of '' the Month called February 1698-9, and con- *' tinned Prifoner about fourteen Months, after '' which the Parfon released him.'* This is the Cafe : What has the Exa?niner to objeftto it? He produces pag. 92, what he calls the Anf^ver of the Reverend Mr. James Hen- ftridge the prejbit Incumbent, who owns, that •* John Love was there confined in Goal for not *' paying of Tithe," but adds, '' The Demand '' of which was very fhort of the Rent of the '' Houfe he lived in, it being ^/i^^p rented at *' 8 /. per Annum" This always is not well fup- ported by the Incumbcnf s. {r^eciUing, that *'he '' now receives 16 Shillings per 'Annum" which is fcarce a valid Proof of what the preient Rent is, much lefs of what the Rer.t always was : Doubtlefs the Incumbent at that Time, who in his Exchcquer^bill fixes '' the Rent at 5/. a Case I. R2 " "^^ - f ^34) «c Year/' had as good Means of being rightly informed what yohn Loves Rent then was, as the prefent Incumbent can be fuppos'd to have above forty Years after. If the Houfe and its Rept have been improved fince that Time, fuch Im- provement was without doubt at the Charge of the Owner of the Houfe, not of the Parfon, who perhaps will fcarce give a folid Reafon for the advancing hj§ Pay upon other Men's Improve- ments, which caufe no Addition to his Pains in the Difcharge of his Office. The Incumbent farther lays, that Lc^ye was •' reputed at that Time worth at leaft a Thou- *^ fand Pounds y but by whom he was fo * re- C A s E I. puted ^ Hi was not fo reputed by thoje who hefi knew him, as appears k) ihefoll9Wing Certificates^ viz. Tb^e Certificate of Rhpda Love, " I was the fecond Wife of John Love of Canter- *« hur'j ; I married with him in the Year 17 13, before *' which he was in a poor low Cii*cum{lance, and *' gave me an Account that he was not worth 30/. *' more than would pay his Debts. P had fome «' Money, of which by the Biefling of God on our «' Endeavours we made an Improvement, fo that my *' faid Hufband died worth more than ever he v/as *' worth before, tho' not fo much as the Author of a «' fcandalizingBook, called. An E^caminaticn of the *' Brief Account of vtany of the Profecmons oj the *' People called Q}^2iktv%^ 'i^c. hath with an ill Intent *' falfiy fet forth. Canter uury the 2 iR- of ^ the 4Ch Month 1 742. ^^^^^^ -^^"^^• ( IJ5 ) puted is not faid. His having '' left his Wife *' and Children in very good Circumftances/' Case I. proves ne Certificate of Elizabeth Sharpey, " I am one of the Daughters of John Love of *' Canterbury i^tct;\.kd I My Tather was always re- «' puted an honell juft Man, in his Dealings " and Payment of his Debts, bi;C thought it his " Duty to refufe paying of 1 uhes, on which Ac- '^ count he was imprifoned by one Humphry Brailsford " a Priefl, but as I was but young cannot remember *' much about it, except that he was then but in <* mean Cirumffances, and I have too much Caufe to ** believe his faid Imprifonment on that Account *' was a great Detriment to his Family and Circum- *' fiances, for I never knew of any Gifts or Prcfents '' made to fupporc him or his Family whilH in '' Prifon, ('asfome have falfly, and (1 believe) with " an evil View reported,) nor out of Prifon neither.** Folkfton the 2 2d of 1- e .1 u Ti/r .5^0 liLizABETH Sharpey. the 4th Month 1742. 7he Perfi?fts under-nameS, do alfo declare^ *^ That the faid John Love of Canterbury, formerly *' called John L«?i;^ the Younger, was an honeil juft *' Man, and induftrious to maintain his Family, *' tho'of mean, low, and for the mod Part rather '•' poor, as tohis Circumflances in the World, than '' orlicrwife ; they all know or have heard of his *' being imprifoned for refufing to p.iy Tithes, but f- know nothing of his having any Gifts cr Prefcnts '• more ( >36 ) proves not that he was any other than a poor Man * Twenty three Years before. What the C A s E I. Inctanbent '' more or Icfs fas hath been reported and printed) '« whilft he was a Prifoner, or at any other Time. John Adams Servant to the faid John Love from 1685 to 1688. John "Newman his Apprentice from 1688 to 1695. John Atterton his Apprentice from 1703 to 17 10. PVllliam Screen his Apprentice from 1710 to 1 718. 'Hhe Account of Henry Sims of Canterbury concerning John Love. <« I was born at or near this City, of Parents « called ^akers^ and have known the faid John *' Love from my Youth, and as I advanced in Years «' became intimate with him, and by Experience *« know he was an honeft, fober, induftrious, and «« religious Man, tho' hard put to it to get a Live- «« lihood for his Family, fa Wife and four Children) <« till in his latter Years. He thought it his Duty to *' rcfufe paying of Tithes as not agreeable to this <« Gofp-1 pifpenfation, on which Account I remem- «c ber he was imprifoned, which vvas an Hindrance <* to him in providing for his Family during that «« Time fo well as otherwife he could have done, '^ tho' he induflrioufly did what he could towards «« it, by making and felling of Pattens, a Trade he «« then ufed, in the Prifon to them that would buy «« them. He was alvv^ays, before he married a fecond ^« Wife in the Year 1713, of low Circumftances in " the mm ^ hovtdied not till the Tsar 1721, which was 2g Ye&rs afur this Prcfccution and Im^rifonment. ( 137 ) Incumbent urges of '*' his being fupported by " the Friends" during that Confinenie:if, \^ould have been, if true, an Indication of his Poverty; for 'tis not the Method of the Friends to fupport any who are rich and able to fupport themfelvcs : Case I. Nor — — ■ »ii — —»—^—^— ——«»———■«——■— .—^—^■—^ifc^^^^^,^ *' the World, and I well remember that atccr he was *' married to her, he told me among other Things *< to this Effed: ; that his Circumitances, before he *' married the faid Wife, were fo low, that he ** thought he had but little more th.an enough to pay *' his Debts, and therefore h^d a Purpofe to fell all *' he had and pay th^m, and truft to Providence and " his own future Endeavours for a Livelihood for *' himfelf and Family. " Though I have from my Youth been acquainted *' with the Affairs of the Community of the People " called ^takers ^ yet I don't remember, that Johi *' Love was at any Time afilfted by them, or any *« other People, either by Prefents or Gifts -, buc ** fuppofing he had been fo aififted (if Need had fo <' required) it tends to fhew the plainer, that he was <» then but a poor Man, as mentioned in the Brief " Account. " As to what is farther faid cf John Love*^ " B?- « haviour being Wild," and of his "Ranting and «' making a Noife in the Streets" : If they who fo <' reprefent him had fully known him, and not been " prejudic'd on Account of his Refufing to pay <' Tiches, and his believing it his Duty to admonifh «' People in publick Places to refrain from Evilf *' and chtife Good ^ I believe, they would have given *' him a quite contrary Charader^ as his Neighbours «' (fo far as I have heard) generally did. ' " Flad the Examine}' in this Caie been defirous of «' fearching out the real Truth, he might have en- f« quired of Perfons probably more Imj)ar/ial , for ( 138) Nor do they fupport poof^ Prifoners with rick Prefents : Thofe who can fuppofe that, and that *' his Confinement in Goal was advantagious to '^ him," may, ifthey pleafe, with equal reafon, feppofe, that his Profecutor fent him thither on purpofe to enrich him. But to what a low Ebb muft their Caufe be reduced, who bring only fuch vain Fancies to oppoft plain FaBs. If John Love, by any Condudb peculiar to himfelf, did afterwai-d offend the Government, the Relation of that is not imputable to us, nor does it any way concern the prefent Cafe : Where- fore, we are not obliged to follow our Oppofers into Excurfions foreign to the purpofe, and per- haps infifted on by them only with a View of withdrawing the Reader's Attention from the Point in hand, and diverting him from taking Notice of the real Defefts of their Anjwers. Case I. The «' as the Antichriftian and Popifh Impoficion of Tithes *' is the Darling of the Priefls, how could he expedl *' that they^ on whoai he depends for Information, '« would give a true Account of thofe who fuffer <« under them for refufing their Afliflance to uphold (C u." Canterbury the 6rh of tt o the 5th Month 1742. Henry Sims. ^he foregoing Certificates and Tcftimonies fully fhew^ ihaU be prefenl Incuiv.btnt has leen 7mfinfornC d in the Account he gives of John Love •, and that when be refls the Credit of his 'Narrative on his being ^^ informed by «« icve-ral Perfons here," he ii mifiaken in adding^ ** tliat know ii to be fo." ( 139 ) The Examinerntxt produces, pag. 93, ''7?/ . . his old unjull: RefcB:o?i on the Courts of Juflr. and endeavours to transfer upon them the Odium of that Severity which is properly imputable only to the Profecutor : The hiiquity of which Prac- tice we have largely fliewn in pag. 73, 74, fore- going. *' The only Imputation, adds the Examiner, *' that remains on Mr. Brailsford is, that lie af- *' terwards, without any ^Satisfjd:ion either for his *' Dues or Charges, confented to his Difcharge. ** This, y^jj Zv, carries no Cruelty with it." Nor was it intended to convey any Imputation of that Kind : What we faid of Love\ Difcharge, was purely inferted for the fake of Truth and Juftice, as we have already obferved : But who told the Examiner^ that the Par Jon difcharged Love^ *' without any Satisfaction either for his Dues or Charges ?" Our Note does not fay fo. We do indeed believe, that Lo'-ce never confented' to pay him any things but whether by any other Means he received either his Demand or Charges, we are not able to determine : And we are jealous that the Examiner in this Point has afferted more than he knows to be true. The Examiner clofes his Remarks on this Cafe thus, ^' It will not be material to take any fur- *' ther Notice of his (Loves) other Vv^ild Beha- " viour, either of inililting the Archbiil:iop in *' the Church, or of Libelling the Government, '' or of the Punifliment he underwent ; but only *' to obfcrve, that they proceeded froni the fame *' Motions of the Spirit of Eathufiafm, from the Case L '' fame ( 144 J ^^ fame mif-guided Confcience, as the Injuring *' Mr. Brathford in his Property." It was certainly not material to the prefent Cafe, to take any Notice at all of Love^ Con- duft' in Points which had no Relation to that Cafe J and which the Examiner has no Inclination to reprefent in the moft charitable Manner. His Obfervation imports, that Loves libelling the Go- vernment proceeded from the fame Motives with his Refiifal to pay Tithes. This Remark,^ fo far as it conveys a Refledion on the fakers in Ge- neral, is very unjuft; for the Spirit of Chrift, by whofe Guidance they profefs to be led, hath by Gojpel Precept enjoyned the Refufal pf Tithes, but hath forbidden thellbeUingthe Government: Wherefore thofe things do not proceed from the fame Motive. The Examiner might have for- born thisill-natur'd Remark, had he regarded the Advice given by himfelf, pag. 45. viz. " Let " the Objeftors confider, whether this uncharita- «' ble Suggeftion may not with equal Reafon from « the fame Way of arguing return upon them- *^ felves," for we are ready, when he fhall defire it, to produce fome Inftances, plainly proving, that a notorious DiJhffeBion to the prefent Go- vernment, and a Jiery Zeal for the Payment of Tithes, have fome times coincided in One and the fame Perfon, led (as we have Reafon to believe) in both, " by a mifguided Confcience" and " the <^ Motions of a Spirit," equally averfe to Protef-^ tant Liberty, and tenacious of Fopijh Ufurpa- tions. Case I. CASE CASE II. Brief Account, fag. 62, 1698, " Elizabeth *' Baker of Beakburn, Widow, was profecuted '^ in the Exchequer for Tithes at the Suit of *' Humphry Brmlsford Parfon in Canterbury^ To this the Exa?niner 2in(v/tvs, pag. 98. " The " Records of the Exchequer have been dihgently " fearch^d, during the Reigns of King M^i /Ham " and Queen An?2e, and it does not appear that *' any Bill was filed by Humphry Brai/sford, " Clerk, againft Elizabeth Baker, for Tithes due '' to him, as Parfon of any Parilli in Canterbii^ " ryy In which Anfwer he fubftitutes different Terms from thofe in the Cafe, and feems to deny what is not therein affirmed ; for the Cafe nei- ther fays, that " any Bill was filed,'' nor that the Profecution was " for Tithes due to him, as ** Parfon of any PariHi in Canterbury^ Does he expecS Readers fo weak as to accept his indired^ Negation of another thing, for a Difproof of what we lay ? Does not, in this Cafe, his own unjuft Obfervation upon the fakers, pag. 86, retort with Juftice upon himfclf, that " the great *' Contempt he has for the Perfons and Under- " landings of other Men is too vifible ? Pie proceeds, pag. 99, *' A ftri(5t Enquiry " has alfo been made amongft feveral of Mr. " Brailsford^ Acquaintance and others, who <' lived in the Neighbourhood , and no Informa- «' tion can be had, no Perfon, as far as they can Case II. " find. ( 146 ; " find, rememberSj or has heard of any Profecu-* '* cioii brought in any Court by Mr, Brailsford *' agiUiH Elizabeth Baker'* This, no doubt, will carry as much Force, as it ought to do, with thofc who can think, that a Parjony w^hen he profecutes a Widow, is obliged to inform his Neighbours and Acquaintance of his fo doing* Had the Exami/iers> x^im in his Enquiry been purely for Information, he might more probably have met with it from the Neighbours of Eliza-^ beth Baker y of whom he does not appear to have enquired at all. The Examiner may talk oiNcga^ five Evidence y while he produces no Evidence at all, of any thing but his V/itneffes Ignorance, which does not in any wife afFe6t the Truth of the Faft 5 and therefore amounts not to a direSl Nega-- tivCy which ever implies fome Contradidtion to the Matter in Queflion. *^ If, /ays the Examiner, a ^nhpdsna alone be " fufficient Proof of a Profecution, it mull have *^ come into the Poffcffion of the Defendant, and *' may be fliewn." But his Obfervation herein is not juft, as plainly appears by the Teftimony of a Clergyman of his own producing, pag. io8. whom he calls, T^he R.everend Mr, Charles Buck, ^on ^Charles Buck, Vicar c'/Cranbrook, whofays, *' Among fome old Papers I have found two *^ original Subpoenas ^ which fliew that yeremiah *' Vine^ Richard Price^ George Courtbopy and *^ George Colvill^v^^i^ fued in November ^ the fifth *^ of Queen Anne's Reign, 1706, by my Father ^^ Charles Buck, thtnYlcsiV oiCranb?'ooL'' This clearly proves, that the original Subpcsjias, which in that Cafe certainly had been ferved upon the Case II, Defendants, ( H7 ) Defendants did neverthelefs remain in the PofleA fion of the Plaintiff; which diredly contradid3 the Examhiers Affertion, '' that it muft have '' come into the Poffefiion of the Defendant.'' Wherefore, the Defendanfs not being able to fhev/ the Su/^pa^?ia, is no reafonable Ground to prefume that the Profccution was not. If the Profeciitor did drop his Suit without either a Bill Jiled, or any Anjwer given^ the Profecution was the lefs Expenfive ; and had the Examiner been jufl, he might have obferv'd, that we did not infifl: up- on any pecuHar Expence or Severity in this Cafe. That the ^takers did feek Redreft of the Grie- vances complained of without fuch a particular Specification of Suits, is certain : 'Twas the Cler- gies Artifice to protraft Time, which probably in- duced them to require '' a Specification of Fadls." The Brief Account was publillied by the ^lakers with a fingle View of dcmonllrating the Juf- tice of their General Complaint, in condefccnfio.i to the Clergies Requirings : If any Inconvenica- cies to the CharaBer of fomc particular Perfon^. have been the Confequence of that Publication, they are juftly to be imputed not to the ^laker; who applied for Redrefs without that Method, but to the Importunity of the Clergy, \\ho, as X were, extorted it. The Compilers of that Account cannot rcafon- ably be fuppofed to have had any particular Knowledge of the Perfons named therein, nor w^hether diey were lining or dcnd ; wherefore they are not chargeable, either with '' calling '' Cenfure on, or V.ifturbir.g tlic Allies of the ■ Case II. T " L>ad;' ( I4S ) <^ Dead/' The Principle they were governed by directed them to make a jiiji 2ir\di faithful Collec- tion of Fa5ts they found recorded : Of the Truth of which Fafts, could they have entertained any Doubt or Scruple, the Methods the Clergy have fmce exercifed to confute them, would have effec- tually removed it. In the Cafe now before us there is no peculiar Severity afcribed to the Profecutor; and in the foregoing Cafe, the Account we gave of his re- leafing Love out of Prifon, appears to be the only Warrant the Examiner has for faying, that " In *' the Inftance before given, he pitied even the Obftinacy of the Perfon who had injured him, and difcharged him with the Lofs of his Debt and Charges : And is gone to his *' Grave in Peace." Surely the Examiner does not do us Juftice, in complaining that we " un- *' juftly afperfe" a Man, by giving that Account from whicli himfelf has inferr'd fo fine a Charac- ter concerning him. But this is not the fingle In- ilance of the Examiners pulling down with One Hand, what he builds up with the Other. CASE III. cc ag. 102. «* a Court oi Equity, or Libels in. thj Spiritual ^y Court, arc not Evidence as to thejuji legal A- V mount of the particular Charges jpecijiedin themy And yet do they continue to produce as Evidence what they own is not fo. Thus this Examiner y pag, 103. in the prefent Cafe, fays, " He (the Case IIL '' Profecutor) '' When this Suit was commenced I was then Ste- *' phen Girdler's Apprentice, or his Journeyman, for *' I have lived in this Houfe more than fifty Years : *' I do remember feveral Paffages of the laid Suit. " Maud fued Girdler : I never underftood that his *' Demand on Girdler was more^than about Eight " Pounds, for fmall Tithes, but for how many Years <« Arrears I cannot tell ; but he brought his Bill *' againft him for Tithes in Kind ; to which Girdler «' put in his Anfwer, but it was objeded againft, and *' he was obliged to put in his fecond Anfwer, where- *« in he fet forth the Modus, which as I be informed, *« is for Marlh-Land iid. per Acre, Town-Land *« 6 d. per Acre, and the reft of the Parifh 4 d. per <' Acre. Whether my Land be in that Part call'd " Town-Land, I know not. *« And on Girdler''^ putting in his fecond Anfwer, *' the Suit went forward, until! there came out a *' Writ of Enquiry, or CommilTioners ordered by <*' the Court, to fit at Tenterden, where each Party ^^ was to make good their Claim : Girdler hearing «' of a Lawyer v^hofe Name was Spiller, living near *' Battle in SuJJex, that had managed a Suit againft a «' former Vicar and had caft him, and prov'd it a *' ModuSy went to this Man, who told him, he might *V make himfelf eafy, he would undertake it, and did «' believe, he (Girdler) would hear very little more «' about it •, and in a few Days after Maud fent him '' Word, that the Commifilon was put off, which «i was the end of the Suit, whici^ is all that I can re- member ( 153 ) ^^ Profecutor) is charged with fuJng for a De- " mand recoverable by the Ads of the 7th and " 8th of King fVilliam III. when by his Bill he " demands 30 /." which Dema7id exceeds the Truth as much as 30 /. exceeds 8/. which we have already prov'd the original Demand to have been. The Examiner^ pag. 104. que- ries, " under what Authority have they aflcrted, " that the Demand was for 8 /. to bring it under " Case III. " Value? <• member of it •, which I ilippofe Maud found he «' fhould be cad, and fo dropt it in this manner. " As I underltood after theCommiffion came out " and was put off, the Landlord, unknovv-n to Gu-d- *' ler^ agreed with Maud^ and paid him about Eight *' Pounds,, though he pleaded he had been at a «- o-reat Charge in the Suit, which was never repaid " him again by my Uncle Girdlcr. " But there did arife a Difpute between Girdlerand <' his Landlord about Repairs and other things, and *' the Landlord propofed for fo much Rent to put aa ^' end to all future Difputes, he would find all Re^ " pairs and pay all Taxes, except Glafs Windows^ *' and mending the Highways, and this Agreement <' hath continued ever fince, fo that I have made no *' Acrreement for Tithes, nor I do not know what *« the Landlord hath. Once I was fpeaking to the *' Landlord on this Subjed, and his Anfwer was ^' l\\?ii if he paid his whole Rent to the Par fori, he might *' do 'Zid-'at he fJeafc'd ivith his c^n, and as for the Par - " fon's Demand it was his Due and it fhould he paid hy *^ fomehody, and if I had a Mind to pa^ it I mighty ku " he ivcidd abate ncthit:g in the Rent. '« Farther my Neighbour D'Lan^lie fpeaking of «' me, fays, *' John* Pay chferves that Mr. Maud *< was afriendU neighbour I j Man^ and averfc to doing <* a hardthinito cn.y body '■, hut that he was forced to (154) *f Value ? Was it from their Records V* We an- fwer. It was from an Account received from the Perfon of whom that Demand was made : And 'tis confirm'd by the Teftimony of John Pay, an Evidence, who, the Examiner acknowledges, i^ Case III. " tender «* uje this Remedy for getting his Tithes t?/Girdler, as *' not knowings as he believes^ of an eafier Way." " As I mentioned before, that my Station in the *' World, when this Suit was commenced, was no *' other than an Apprentice or a Journeyman, fo *« that I had no Opportunity to know what Sort of a <' Man he was, as to his Views in this Suit, or any " of his Condudt : He was a Stranger to me. " And for my Neighbour to make me fpeak and •« believe what he hath mentioned as above^ I can- *' not account for ; for I do afTure the World, that <* I never had any fuch Thoughts come into my «' Mind, and much more that I fhould fpeak or be- « lieve them : Which I muft leave to his Confide- *' ration. " Whether Maud did know of an eafier way or <« not to get what he called his Dues, I know not ; «' but am inclining to think, he might believe that «« he had a fair Opportunity to make a bold Stroke *' againft the Modus, But I leave this Subjed on *' dropping this Hint. «^ Thefe Remarks I think fufficient to difcover «' the Truth of the faid Cafe, wherein my Neigh- *' bour hath fo very much mifreprefented it, being «« fo eafy led away by Reports fo ill grounded. «' As I am a Man averfe to Controverfies, I ne- *t ver love to enter on thofc Subjeds, and fhould be «« glad to fee Subjects of this Nature at an End, who «' am a well-v/ifher to all Men." Tenterden z;2 Kent, fZ^(? 2 2d. ^ p vj the fourth Month, 1742. J^^*" ^""^^ ( ^55 ) *' tender of his own Reputation, and will not by " Fallliood fupport the pretended Veracity of the '' Compilers of the Brief Account r The Vali- dity of his Teftimony is farther warranted by the Examiner, who tells us, that '' A Friend oi '' their own Denomination lived in the Place^ '' nay, in the very Houfe from whence the Com- *' plaint arofe ; had they enquired of him, he has '' more Honefty than to conceal, or difguife the '' Truth." Upon Enquiry of him we find that he dwelt with Stephen Girdler, his near Relation^ at the time of this Profccution, remembers it well, ^md that the Demand was as our Account relates' For, tho' John Pay be ** fo honeft, as not to '' conceal or difguife the Truth," yet the Exa- miner, or thofe who pretend to relate what he fays, {Examination ^^g. loi, 102,) have been (as we have already iliewn) fo di[}:oncJ}, as to '* conceal or difguife" his Tcflimony. The Examiner clofeshis Remarks' in this Cafe \Vith a kind of Fawning Sneer upon "John Pay in the following Words, ^iz. '' His Confcicncc *' does not oblige him to injure another in his ' Property, he pays honeflly for what he enjoys, *' he hires the V/hole, whilft his Landlord payiJ *' for the Tithes." But if we will believe John Pay himfelf, he declares, that he never made any Agreement with his Landlord to pay the Tithes, nor had he ever any Concern therein ; but after the former Vicar Maud profccuted his Uncle Stephen Girdler, the i-:x\AStepljen^ Landbrd with- out his Confent took the Tithe for the future up- on himfclf. That he hath voluntarily continued to do fo from that Time to this, without any EA- Gasf. ilL U e.^e^ment ( ^56) gagement from his Tenants, or any manner of Obligation on them to repay him : So that 'John Pay in this Cafe pays no Tithes, nor does he contract with his Landlord to pay them ; but the Landlord of his own accord takes the Burden upon himfelf, that he may keep an old and ap- proved Tenant of his Eftate fecure from any Profecution of the Parfon : By which Adt the Landlord fhews a remarkable Refped:, not only to his Tenant, but alfo to the prefent Vicar ^ who in- jftead of gratefully acknowledging fuch Genero- fity, attempts to detrad: from the Merit of it by unwarrantably afferting, that John Fay " pays *' fo much more Rent/' which, we have before (hewn, to be untrue. Thus the Examiners Flat* tery and pretended Juflice to John Fay appears to convey an injurious Infinuation of a Compliance^ he declares he is not guilty of. John Fay on this Occafion has more Reafon, than the Examiner had pag. 71, to cry out, T^imeo Danaos ! Having cleared this Cafe from the cauflefs Ca- vils, and the Character of John Fay from the flattering Deceptions, of the Examiner, we pro- ceed to CASE IV. cc Brief Account, pag. 63, 1698. " Natha- NAEL Owen the Elder, was profecuted in the ^' Exchequer for Tithes at the Suit of Hugh Oweii [^ Vdiiionoi Sevenoakr^ Hqw Case IV. ( ^57 ) How does the Examiner confute this? He produces T^he Anjhsjer\ (for fo he calls it) oj the Reverend Mr, Hugh Owen -, who tells us, that " Mr. Hugh Owen the Clergyman (who profe- *' cuted Nathanael Owen of Sevenoak) was his " own Father/* But as to the Matter in Hand, he fays, " All that I know is, that he gave my " Father a great deal of Trouble, for he never '^ v^ould pay any Tithes, unlefs compell'd by the " Juftices of the Peace." But though he knowfi nothing of this Profecution, yet, it feems, he has heard from Sir Charles Famahy a broken Story of another Profecution many Years before, which *' Mr. Lambard^ who is above 70 Years old, " and is now a Juftlce in his Parifh, tells him, he ^^ can juft remember, it was before the Revolu- *' tion, and he thinks the Profecution was in *' DoBors Com??ions, and that upon the Statute of '^ 32. Henry VIII. after Sentence definitively gi- *' ven, he was fent to Prifon by the Juftices for '' his Obftinate Refufal of Payment." All this Remembrance, and all thefe Thoughts, are but imperfed Accounts of fomewhat partly forgotten : We do find, that Nathanael O wen ^ before the Re- volution^ not only fuffered feveral Years Imprifon- ment for Tithes, but for a Demand of 16 /. had his Goodi taken by Sequejlration to the Value of 140 /. But what have this Profecution, and this Imprifonment, or any other, which were before the Re-volution, to do v/ith the Profecution men-, tioned in the Brief ylecou^jt, which was ten Years after the Revolution, and which doth not appear to have been attended with any Imprifonment p Certainly, his being profecuted before the Revo^ Case IV, U 2, htion^ { V58 ; htion, can have no Tendency to prove, that jis was not profccuted again after the Revolution^ But the Examiner^ to puzzle a plain Cafe, con- founds things evidently diftind; ; and brings an imperfed: Account of a Fact done before the Revo- lution, to difprove a different Fa6l done ten Years after the Revolution. And altho' he knov^s the Pro&cution by us mentioned bears date in 1698, yet he has the Affurance to fay, pag. 107, '' He *^ (the Clergyman) has been accufed of negleft- *' ing a Remedy eafy, and fecure, before that " Remedy was in being or even thought of -, of *' chofing the feverer Method, when no other * : could be chofen." This he fays, tho' 'tis moft certain that the eafier Method was provided in Year 1696. He adds, " But after it v/as pro- *' vided, he took that Method Vv^hich they would *^' prefcribe." Which, if true, was probably af- ter this Profecution commenced, and when the Charge of carrying it on induced him to put a flop to it, and have Recourfe to a more moderate Way of Proceeding. This we are the more ready to think, from the Examiner's faying, that " no " Bill appear? to have been filed,'' for the Pro- fecution was certainly commenced, a Subpcena ferv^sd, and an Appearance entred thereto. So that to the Examiners Queries, " Were the Re~ ' ' cords of this Tranfad:ion entred from Memoirs "' when and as it happened? And is the Account ^' faithfully extracted from thence?'' We an- fvver, Te$ ; and that all he has advanced doth not a whit diminiih either the Credit of the Record^ or of tlioie who extrafted the Account therefrom. Case IV. CASE ( 'S9) C A S E V. Brief Jccount. pag. 63. 1706. '' Jeremiah *' Vine, George Courthop, Richard Price *' and John Colvil, were profecuted in the '' Exchequer at the Salt of Charles Buck^ Vicar '^ Qi Craiibrooky To which this Note isfuhjoind. " The Vicar died during the Profecution, and " by his Death the Suit ceafed." The Truth of this C^i^ is confirmed both by the " Anjhjcer of his Son^' whom the Examiner calls, '• the Pveverend Mr. Charles Buck;' who fays,' pag. 108. '' I have found two original Sub-^ " pcenas, which fhew, that Jeremiah Vine, Rich- '' ard Price, George Courthop and George Colvil^ '' were fucd in November the fifth of Queen " A?me''s Reign 1706, by my Father Charles '' Buck, Yic:M' of Cranbrook;* and, by the Ac- count from the Records of the Exchequer, which fays, pag. no. *' In Michaelmas Term 5" Annce^ *' Charles Buck, Vicar of Cranbrook, exhibited '' his Bill in the Exchequer againft George Coiir- *' thop, John Colvil, Jeremiah Vine, and Richard '■ P/Vr^e', for minute and Vicarial Tithes." The Truth of the Note fabjoined is alfo confirmed by the faid Charles Buck, who fays, that *' his Fa- '' ther died about the i ^th of Frruary following '^ inteftate," and that, " as nea: i.s hecanremem- Case V, '[ ber, ( i6o; " ber, the Arrears of Tithes due from the four " fakers aforefaid came to about 20 /. which *' was all loft by his Mother's not Renewing the '' Suit." That the Profecutor in this Cafe was not igno- rant of the eafier Method of Recovery, is appa- rent by what his Son relates of his '' caufmg fe- " vcral of his Pariiliioners, that were indebted to " him for Tithes, to be fummoned to appear be- " fore the Juftices at their Sitting, which was '' in 1696." That the Profecutor's Demand^was recoverable by the ealier Method is apparent, not only from what his Son obferves, that " the Arrears from '- the four fakers came to about 20 //' but from the Account from the Records of the Exche- quer^ where the Demand, though more thanjuft, is but 5 /. from Courthop for three Years. 5 /. from Cohil for five Years, 20 /. from Vi7ie for ten Years. 20 /. from Pierce for ten Years. So that none of the Sums demanded did exceed 40 s, per Annum, the Sum recoverable by the former of thofe Ad:s, much lefs did it exceed 10 /. per Annum, the Sum recoverable by the latter of them. And yet thofe Sums mentioned, in that Account, far exceed the Sums acknowledged in the fevcral Anfwers of the Defendants, pag. 1 1 1. nor did this Suit refped any thing due before the Commencement of thofe Ads. Wherefore, the Profecntor's Son's fuppofing, pag. 109, that '^ Vines Arrear was (probably) more than 20 Xase Y. " " Years^" '* Years," and pag. no, that '' the whole '' Debt of (Cohil) Father and Son conjunfily, " muil be for no lefs than 38 Years,*' is but mere conjedure, and has no Foundation from the Bill exhibited in the prefent Cafe. Wc are next to confider the Examiners Objec- tions upon this Cafe 5 who, pag. 1 12, fays, ''To *' thefe four Profecutions the Anfwer is obvious '' that the Vicar's Right was denied, andapar- '' ticular Modus fet up in every Cafe, and is there- '' by an exprefs Exception to the Power of the '' Juftices by both the Statutes." But we think, that ** an exprefs Exception to the Power of the *' Jufllces," cannot be, in a Cafe wherein no Application was ever made to the Juflices, and that 'tis impoflible, without any Recourfe to the Juftices, to know, that the ^takers would have made any Exception to their Power in Cafe of fuch Application. ^ His next Cavil is upon John Cokil's fayino- In his Anfwer, '' that the Land occupied by him " and the Houfe in the Occupation of his Mother *' Sujhnna Cokil, always paid together 41. " 4 d, in full for Vicarial Tithes, as a Modus *' or Cuftom." Which Words always paid mui^ in common Reafon there refer to fuch preced- ing Times wherein Payments had been cuftoma- rily made: But the Examiner from thence would infer, that John Cokih '' Father did pay," or elfe that the '' Son's Anfwer is untrue." Nei- ther of which are neceffarily confequent from the Premifes. For Payments might, for ought the Examiner knows, have been made lor both or either of them without tlieir Confent ; Cask V. and' ( i52 ; and 'tis not fair in him to draw pofitive Conclu-^ lions from uncertain Conjectures of a Perfon who fets him an Example of more Modefty in faying, " I think lam not 7niftaken^ vhen I fay nothing " was paid by, or for both, or either of them/' So that the Pretence of any Arrears due from either of them before the A6ts took place, being founded on mere Suppofition, nothing can rea- fonably be inferred from it. But 'tis reafonable to infer from what the Examiner fays, that " Mr. Buck foon after the Adts were paffed, fum- *' moned feveral of his Parifhioners before the " Juflice," that he could not poffibly be igno- rant of thofe Adls lo Years after when he com- menced this Profecution, nor at any time within that Interval. The Examifiery (pag. 113) urges " the Un- " reafonablenefs of bringing an Accufation for " what was done fo long ago -, efpecially after "' the Death of Parties, whereby many Incidents " either neceflary, or proper for their Defence, '' are unknown, or forgotten." In this he ex- preffes himfelf not very cautioufly, in affirming what he does not know, viz. that " the Incf- " dents unknown or forgotten are many," it being, as we apprehend, impoffible for him to know whether they are ?nan)\few, or ?io?2e at all The like Objection, more prudently exprefs'd, we find to have been made in the early Part of this Controverfy in the Examination on Behalf of tht pioceje oi London, pag. 78. Tho Anjwer to which, publifhed in our Viiidication in 1737^ pag- 97^, 9S3 we fliall tranfcribe, being as loT- lows, viz. Case V, «' Thi5> r i63 ; " This feems calculated to amufc the Readef* " and to millead him to think, that the prefent '' Account of their Sufferings is the only Ac« '' count of them which the ^iakers, have pub- '' Hflied within thefc forty Years paft, and that '' they had tarried fo long, that the Dillance " of Time might fecure their Account fromln- '' fpedlion. " But the Fallacy of this will appear by con« " fideringj "I. That the Defign of the ^inkers, and *' what was expeftcd from them, was, t9 fpe- " clfy the Profecutions complained of, and their " Number, fince the paffing the aforefaid Aofi, . " II. That to do this, 'twas neceffary to gc^ '' back to the Time when thofe, Profecutions " began, which was foon after the Acits com- " menced. '' III. That before the Year I710, the.^^^- ' ^ kers had printed, piiblifhed, and prefented id *' the Parliament, feveral Accounts of their Juf^ *' fering Gajes^ while the Fads were frcfli in " Memory, the Perfons concerned Living, and " the Circumfiances eafy to have been enquired *' into. Thefe were Part of the Cafes agaia *' lately exhibited : 'Tis not therefqre reafon- *' able in the Clergy to urge the Di /lance of '"^ T/;>^f, as an Excufe of their Inability 71010 to *' anfwer thofe Fads, which, being before *' publiilied at the Time they were done, they '' either would not, or could not then under- *' take the Confutation Qf. If the Clergy had ^' the?i thought their Honour and Ckara6ier io *^ nearly concern' J/ why had they not vlndi- " C^.SE V, X „ catei ( i64 ) *« cated both at that Time, by livi7ig EvUe?tces, <* rather than have referred it to be now done by *^ far-fetcht Enquiries^ half -forgot CircumfianceSy *' and falfe end fcandalom Injinuatiom ? unlefs *' perhaps the prefent Clergy may think them- " felves better qualified to defend the Deceafed " by the latter Methods, than themfelves, when *^ living, were to have done it by the former, " IV. That as to the ^takers, the Cafs may *' be all faid to be recent and new, and the Fads ^'undoubted; having not been intrufted to the *' Uncertainty of Memory and ConjeBure^ but *^ written in Order of Time, when and as they *' were tranfafted." 'Tis farther obfervable, that the Specifications of the Profecutors Names at this Time, was not of the fakers, mere Option, but proceeded from the prefling Importunity of the Advocates for the Clergy 5 wherefore the greater is their Difinge- nuity, in reprefenting thefe Cafh as Accufations brought by the ^takers to blemifh the Cha- ra6ier of particular Perfons, whofe Names they know had not been now mentioned, but at their Requeft, who infifted upon " fuch Specification *' ofFaftsas might give an Opportunity to en- *^ quire in the feveral Diocefes into the Truth *' of them, and into the Circumftances of '^ thofe Suits and Imprifonments which were *' made the Subjed Matter of Complaint." The Brief Account therefore is not an Acoufa^ tton^ but a Specification^ to give the Clergy the Opportunity they defired of Enquiry into the Truth of the Fads. In which Specification, had not the ^takers gone back beyond " the Expira- Case V. ^ <« tion " i ! ( »65 ) j j '^ tion of fix Years from the Time of the Tranf- I " adion," the Clergy would probably have I charged them with a defigned Limitation of their Enquiries. But fince it has otherwife hap- pened, that the fakers have liberally fupplied them with Materials for a perfed: Enquiry ;,« and that they have hitherto purfued their En- quiries with uncommon Induftry and Applica- tion, and have publiflied what Informations they could get, under the moft plaufible Appearance which the Artifice of their Advocates, (fome of 'em of no mean AbiUties) could invent : If^ after all it (hall appear, that they have laboured in vain, and fallen fliort of their Purpofe, their ill Succefs can be afcrib'd to nothing but the Badnefs of the Caufe they have efpoufed. The Examiners Objed:ion to the Defendants in this Cafe not paying the Tithe demanded to the Vicar s Widow after his Deceafe, is fcarce worth Notice : For, feeing they cfleemed the Demand it felf unjuft and unchrifi:ian, his Death could not alter the Nature of it: Nor could they rea- fonably fuppofe his Adminijlratrix juftly intituled to receive what they never efteemed a jull Debt. Confcience, guided by Gojpel-Precept^ never errs from ftrid; Juftice, which never requires what that forbids, viz, the Payment of Tithes. If the Examiner would be truly informed who they • are that opprcfs the Widow and the Fatherlefe, let him turn to the Brief Account, pag. 22, where he will find, that *' the JVidow Henderfon *' and her Son were imprifoned eleven Months; *' for one Penny Tithe of Wooir Pag. 28, 29, That, '' fane Splatt aged 70 ^ais, was im- Case V. X2 '' priiWd C£ ( i66 ) f^ prifon'd above two Years for Tithe worth 14^/' Pag. 99, That " Elizabeth Hughes Widow, ^^ having fix Fatherlefe Children, was impri- *^ fon'd about 16 Months for fmall Tithes, pre- ^- tended to be due from her Mother deceafed/' Pag. 144, That *^ Jane Robin/on Widow, was V imprifon'd nine Months for y, 4^. Tithe of *^ Apples kndiBees:' Pag. 147, That " Hannah V" Wakefield^ and Agnes Couplandy lay in Appleby *' Goal eleven Months on a Writ de ExcommU" f' nicato Capie^ido for Mortuaries." And pag. 136, That ^'' Anne Greeny a poor Widow, was imprifon^d almoft two Years for fmall Tithes " and a Mortuary." Let him alfo confider who were the Authors of thofe Imprifonments ; and with what Degree of Sincerity that Per/on afts, who while he is advocating the Caufe of fuch Oppreflbrs, can pretend a Concern for the Fa^ therlejs and the Widow, CASE VL Brief Account y pag. 64, " Amos Bickham, of " the Ifle of Tha?iefy was profecutcd in the Ec- '' clejtaftical Court at the Suit of John Swain V Clerk." To which this Note [ F ] isjiibjeifid, '' Bickham was fued for a Demand of ys per "' Annum for one Farm, and is. td. for another. *^ He conilantly attending their Courts, prevented Cas2 VL - *' ExcommunicatiQa ( i67 ) «' Excommunication for Contempt in not ap*< •* pearing : And his Advcrfary at lad making ** Default in his own Appearance, the Suit was " difmifs'd." In Anfwer to this, the Examiner produces what he calls '' The Account from the Reve- " rend Mr. Richard Leightonhouje^'' wherein we are told, that *' Afnos Bickham, the ^aker^ was " Tenant of two Farms, And that, *' Ty&tf " Pari/h Clerks Wages for the great Farm (ac^ ** cordi?jg to ancient Cujlofn) is gs, per Annum ; " for the lefer Farm is, 6dy and that Bickham " ufed thefe two Farms near 30 Years, and " never paid any." But the Account doth not fhew the Right of any Demand at all from Bickham in this Cafe : But if ancient Cufloni weigh any thing, we are informed from Bifhop Stillingfeefs Ecclefiaftical Cafes, pag, 131, 132, t^at *' There were of old feveral Clerks belonging " to the Church, and they were all niaintained '•' by the Minijler at his o^n Charger The £x- aminer^ when he writes again, may be pleas'd to inform us, by what Law, Authority, or Right, the Parilli Clerk, who *' of eld was maintained *^ by the Miniilcr at his own Charge,*' does now a-days claim Wages from the Parifhioners ? And what Authority the Ecclefajiical Court had to intermeddle in this Affair ? We are told, that upon the Churchwardens Prefentment, *' The ^aker and Pariih-Clerk '' both appeared at Court next Court Day." And that *' a3 they rode home together, the ^iakcr '' told the Pariili-CIcik it was in his Case VL '.' Power ( '68 ) *^ * Power to put down his School, and he ^'. would certainly do it. Upon this Threatning '^ the Parifh-Clerk appeared no more at Court, " and fo this Suit ended/' But if we credit the Account from the Ecclefiajiical Court, it did not end there, but was " continued four Court '^ Days," probably, to have catcht Bickham in Default of Appearing : 'Tis indeed faid, that •' it does not appear that Bickbam himfelf at- '^ tended thofe Courts j" but had he not ap- peared either by himfelf or his BroBor^- the Court would probably have taken an Advantage againft him. But tho' the Examiner has no fubftantial Matter againft the Truth of this Cafe, yet an accidental Slip of the Prefs has given him an Occafion to exult, as if he had difcovered a pro- faind Plot againft the Clergy : *' I muft, fays he, '' here leave it to the Reader, whether he did '' not by the Charge underftand that Amos Bick- " bam was fued by Jobn Swain y a Clergyman, *' in the Ecclejiajiical Court for a Demand re- " coverable by the ABs of y and 8 of King '' William the 3d." To this we have already fufficiently replied in pug. 119, 120. foregoing, by iliewing that the £x- i:viiner\ Objedion has no other Foundation than 11 n Error of the Prefs^ in omitting the Word P,ariP?y and that himfelf in all probability could Case VI. not ^ It [e.enis hnprrjhahle that Bickham could have it in ':v Fozvcr to put do'wn a ScbcoU fupporled by a Salary^, :i\reaf(the Examiner hhnlelf tcils us) one Half ivas ■'^dby /k Vicar, C i69) not avoid feeing it to be {o. If the Reader wil be pleafed to turn to thofe Pages, he will fee the Exami?2ers Difingenuity on this Occafion, and how Httle Reafon he has to pretend, that " this *' was done defignedly." His Objedlion alfo, that " Parifh-Clerk's Wages" are not " recoverable " by the faid A5Is^'' is replied to in pag. 125. foregoing. By what is before faid in the Pages referr'd to, 'twill appear, that no Body has " tamper'd with the Evidence" in this Cafe: That there was no " Fault either in the Compi- " lers of xhQ Brief Account, or in thofe who *' made up the Record^ or in the original " Memoirs from whence it v/as entred:"' But purely and only an accidental Omiffibn pf/ihfe Printer in leaving out the Word Parijh, which if the Reader be pleased to infert befbre the Word Clerk^ the Examiners C^^77 will be removed, and the Credit of the Brief Account in this Cafe nothing afFedled thereby. CASE vir. tc Brief Accoimt, pag. 65, 1734. " John- Woodland of Mcrjl:a?n wasprofecuted in the Exchequer at the Suit of Henry Archer Vicar '' oiMerf]:amr To this Cafe, we have the Account given hy Dr. Hefiry Archer himfelf, who objecfls nothing to the Truth of it, ex'cept, that he is ReBor^ not Viciir, of Merfl:am, The Dollars Demand on TVoodland was by his own Account, pag. 119, "two Guineas a Case VII. ' '* Y<^ar," ( I70 ) *' Year," a Sum doubtlefe recoverable by the Ads. That the Do5tor knew it to be fo, appears by the Account himfelf gives of his *' Appllcatioa *' to the Juftices at the End of two Years ; ** who, he Jays, readily granted him a Warranty ** and were fo civil to him to let it go through ;* his Hands to the Officer." The Do^07- farther fays, that he " gave the *' Warrant to the Officer," and 'tis certain he might have oblig'd the Officer to execute it : But t\it DoBor is not very explicit in affigning the Reafons which induced him to drop that War- rant, and never after to apply to the Juftices^ who " were fo civil to him." Could their Civility rcafonably induce the DoBor to avoid their Decifion for the future ; and even to rejecfl: the Ufe of what they had granted him ? We fuppofe not. But fmce the DoBor declares, pag. 120, that " he never intended to deal *' hardly by Woodlajid^' we are very fofry that he was mifled by ill Advice " to employ an At-^ *^ torney to call him to an Account in the Exche- *^ quer" and that he was fo far miftaken, as to think that it " might have been in a fliort Way^ " and at a fmall Expence." Since Woodla7id's putting in an Anfwerj which is above fix Years ago, the Z)^^(?r has " had no *^ Inclination to go on," having fmce perceiv'd, that the For?ns of Law are not porty nor the Expence of it eajy. He affigns alfo another Reafon for his Pro- ceeding no farther^ which we here tranfcribe in his own Words, Case VII. ^^ For, ( 171 } ^' For, fays he\ no fingle Clergyman Is a " Match for an interefted and contentious ^^- " ker^ who, tho' he talks loud of Perfecution, *^ yet in many Cafes feels nothing at all. For, ** if I am rightly informed, if he bie an inte- *' refted Man amongfl them, whenever he has a *' Demand made upon him for Tithes in a legal '' Way, he has no more to do than to tranfmjt " his Cafe, reprefented in his own Way, to the *' Friends in London, who immediately under- " take the Management ofit^ they have their *' Agents, and a common Fund ready, fo that *' the Profecuted is at no Charge/' The Credit of this depends upon the Veracity of the DoBors Informer, who himfelf feems not rightly informed in the Affair. However, fmce this Information has difpofed the DoBor to Peace^ the good Effedl of it may atone for its Mif- takes. That Brotherly Love fubfifts between Friends in London and Friends in the Country-^ is certainly true ; for, 'tis the Nature of their Cbrijlian Teftimony to unite them, and make them ready to affift and ferve one another in the faithful Obfervance of it : But as to the Methods of their mutual Affiftance, and how far it ex- tends, the Dolors Prudence will hardly expeiit a particular Account from us at prefent. li PP^codIa7id Aidi \.iA\ the Dotlor ''once with ** great Unconcerned nefs, that he knew little of '' the Matter ; for the ^ivbok Affair was in the " Hands of Frie/ids at London^ who managed " fuch Affairs for them /' it fhews indeed that Woodla?id could trull his Friends Vvith his Bufinefs, and that he cpald, in this Caje of Case VII. Y Co^Jcienc^ ( 172 ) Confcience^ calmly, and with " great Unconcern- *' ednefs," fubmit himfelf p whatfoever the Iffue of the Suit might be : Yet, it doth not fhew, nor has the DoBor any juft ** Reafon" from thence " to think," that "the Profecuted is at " no Charge," nor that his '' Obftinacy (a ^' * Nick Name for Conjcience) is thus back'd «' and fupported." This ftill relies upon the fole Credit of the DoBors Informer. " Thus, fays the DoBor, the Matter refts at *' prefent." And thus, if the DoBor pleafes, it ever may reft. If, as he fays, he has *' no Plea- *' fure in the Thought of being entangled in <* Law," 'tis to be hoped he will not entangle himfelf therein by reviving this Suit, the Be- ginning of which appears to have been unnecef- fary. For, tho' the Dodtor mentions " Injuries •' he Yearly receives from this Man ;" yet it doth not appear, even by the Do5tors> own Ac- count, thatever/rW//^;^^ did any Thing to pre- vent the Dodlor either from taking his great tithes in Kind, as ulual, or from recovering his (mall Tithes by Warrant from the Juftices. Wherefore we muft conclude that all the Incon- veniencies the DoBor has incurred in this Cafe are owing purely to his Declenfion of the more eafy Methods, and having Recourfe to an Ex^ chequer Profecution. Seeing then that the DoBor profeffes, pag. 122, to " have always treated him (Wood- ^' land) with great Temper j" and " to have no " Enmity * So the Dodlor bi?jzfelf explains itypcig. 122, ** Coa- << fcience ^r Obftinacy?* (^73) " Enmity towards him :" Tis hoped he will for the future fhun the Rock he has once fplit againft, and purfuant to the Hint given in the Country Parfons Pka^ hke a " wije Clergyman " for his own Sake/' and hke a " good Clergy-^ " w^;/ in Compaflion to his Neighbour the ^^- " ker^ take the eafy and cheap Method pre- *' fcrib'd by the A^s of the 7th & 8th of King " William for the Recovery of his Dues." The Doctor lets us know, that Woodland is an old Tenant of his, and '' has for many Years " rented of him Part of his Glebe:' Whence we prefume, that the 'Dodior^ by his due Pay- ment of his Rent, has found him to be jufi and honejl : And that the T)o6tor will be more mer^ ciful toward a Man whorn he knows to be jujl^ than to profecute him with Rigour for being conjclentious, '' The Account (pag. 122) from the Records " in the Exchequer' ihews, both by the Docfors Billy and Woodland!^ Anfwer, that the Matters fued for, were only certain Species of fmall TUthes^ which might have been recovered by the eafier Method provided. We are next to confider the Remarks of the 'Examiner \x^on this Cafe, who fays, pag. 123, " The Motives of Dr. Archer'^ bringing this " Suit in the Exchequer, appear from his own *' Account free from thofe odious Refledlions " contained in the general Charge." The Motives of the Do6lor, in this Cafe, we have already fliewn to have been /// Advice and M//- iake, through which he was led into a Suit, Case YII^ Y 2 wherein wherein he hath, from better Advice, and founder Judgment, forborn to proceed. The Examiner goes on, " The Do5ior was " collated to this Reftory the 8th of Odtober *^ 1726, fo that he had for 8 Years together '^ been deprived of many of his Dues' before he *' to6k this Method, and as his Bill has no Re- *^ tKofpedl for the firft four Years, thofe may be *' entiiely loft.*' This v^^ think contradifted by the Do^or himfelf, who fays, pag. 118,"'' Soon ''' after I came to this jRf^^ry, which had before ^^ been leafed out, I was obliged to take my " Titheis in Kind r * And, pag. 1 19, " I received *' the Tithes of Hay and Corn which were fet ** out, and fome Wool and Lambs ^ but of nei- " ther, I believe, to the full.'* The D^^^^r plainly acknowledges the Receipt of thofe Tithes (tho* perhaps not to the full) which the Ex- iiminer^ in Defiance of his Affertion, fuppofes ** may be entirely loft.** ^' The Examine'r pretends, that " his (the Doc-- *' /(9r*y firft attempting to obtain them by the *^ Juftices Warrant, fhews it was not his Choice ;*' but, we thihk, that the Dodlor in preventing^ the Service of a Warrant which the Juftices had granted him, and which he had given to the Officer, did clearly fhew that it was his Choice not to make Ufe of it. Whether the Do5ior\ faying " I was advifed *' to employ an Attorney I" be a fufficient Warrant for the jEAw;//;;^r to fay, " He was forced into a " Law-Suit,'* probably the Reader may queftion. Nor perhaps will he be able to difcern how *' the ^takers having denied the Doctors Right """^ Case VII. ■ .-^ '• • - " tq ( ?75 ) «t to a Part of thofe Tithes/' in j^jifwer to a Bill in the Exchequer^ can prove, that they would not have been recoverable in Cafe of a Prior Application to the Jiiftices, ■ The Ex^w/Wr endeavours, pag. 124, to fix an undeferved Imputation upon Johti Woodland^ by reprefenting him as having " at firft paid his ^' great Tithes," and his Tithes of Wool and " Lanibs^ fo far as they could be difcovered," and *^ confcientioufly reflifing to pay only what he " could conceal 5" and again, " The Payment *' of great Tithes, ^wi^oiWool and Lambs^ were " voluntary," and thence would infer, that " he *' adted upon different Principles of Confcience." In all which he attempts an Impofition upon his Reader*s Judgment, and to miflead him into an Opinion of Woodlands having voluntarily paid what the Do6lor or his Agents took away from him without his Confent,* Case VIL The '^ See the follovA'rig Anfwer given to this by John Woodland himfelf^ viz. *« In Anfwer to what is faid of me in the Cafe In *' a Book intituled. An Examination of the Brief Ac- < ^ count of the Profecutions of inan-j of the People called <- Quakers, fc?^. I believe, Henry Archer the Rec- *' tor was not under a Neceffity of taking his fmall *« Tithes in kind, for had he been content to have *« taken them, as they were wont to be paid to the <• late LefTee of the Tithes, Henry Eve ^ lam well '^ affured the other Parilhioncrs would have paid <« him freely, but being not concent with the Cuf- *' torn that had been ufcd, as long or longer than I <^ can remember^ he generally for the moft Pare - ' '•• demr.nds ( 176 ) The Examiner repeats what, he fays, ^' The «^ Do^or intimates, that the Defendant is at no *' Charge, but is fupported therein out of the ^J common Stock/* to which he adds his owa Case VII, Explication, «' demands a great deal more, of fome double, of «' others treble what they did ufe to pay for fmall *^ Tithes, at which they grudge very much, and *« fpeak of it as a great Hardjfhip and Impoficion. <« The Reafon of my refufmg to pay him was not on *' Account of this Increafe in his Demand, but my ** being confcientioufly perfuaded that Tithes ought *« not to be paid now in this Gofpel-Day to any « being or pretending to be Chrift's Minifters. And *« what is faid of my paying great Tithes, and o^ «' PFool and Lambs voluntarily, is falfe, for they were *« all taken from me by Force againft my Will by the « faid Henvj Archer or his Order. *' It is true, zs Henry Archer {siys '■^ the Ferfonwho <« had a Leafe of the Living hefore he eame^ always «' took his Tithes Jrom me by Force,'' becaufe I could «' not in Confcience pay Tithes voluntarily : But then «' by what Force was it ? Not by perplexing £'A:^y&d'- <^ quer Suits, but by diftraining by Juftices War- «' rants, and it is to be obferved, that the Diftrefles «c he fo made on me, were for the Whole both great *' and fmall Tithes, which he rated on me,^,and Jmy *' Father before me, according to the Corn and other «' Produce he faw we yearly had: Whereas the faid «« Henry Archer hath not only againfl: my Will (and «' fo not by me voluntarily paid) taken, (as he ac- *' knov;ledgesJ the great Tithes of my Corn, with " the fmall Tithes of my Hay^ WooU and Lambs^ ^^ but hath alfo profecutcd me in the Exchequer for <^« yet other fmall Tithes, as of Hemp, Flax, Milk^ \^ Calvcsy E^Sy Honevy and I remember not what all « ( ^11 ) Explication, i)iz. *' perhaps his calling it a com- ** mon Fund may admit of a Cavil in the An-- " J^ver^ as it feems to imply fomething v/hich brings in an Income appropriated to that pur- Case VII. ^« pofe J " befides, for which together he charges me fas he " faithj at Two Guineas a Year ; which, before he " came to the Living, did not ufe to be demanded «« otherwife than by its being included among the reft, «' under the general Term of/?W/ Tz'/te: And more- " over let it be obferved, that the moft t^ p^hath " been charged for great and fmall Tithes together on " the fame Lands that I now ufe in any one Year, " from the Year 1712 to the Year 1726, was but *' "jLys. 6d. and moll of the other Years within that «' Time but 5/. odd Money, and 4/. odd Money per *' Year ; and fince that Time Henry Archer hath «' taken the Tithes (or others for himj from me him- <« felf both great and fmall, except that for which he *' charges and ferved me as above. So tlrat the faid ** Henry Archer might, if he had been fo minded, «' have as eafily gotten not only the fmall Tithes, '' but the great Tithes alio, as his PredecefTor did, <« by Juftices Warrants, it being far within the Reach «' of the Ads of the 7th and 8th pf King lVillia7n the *' Third, notwithftanding the E>;aminer labours fo *« hard to fhew the contrary. " As to the one Acre of Glebe Land I hire of the ^* faid Henry Archer^ I think rational a/id unpreju- " diced Men will readily fee and acknowledge the " Ditference between paying Rent for that which I '■^ have a valuable Confideration, and paying of " Ttihei^ for which I have no valuable Confideration, «' and cannot pay for the Renfons above." T.he f but we have not yet met with any of theirs againft the Clergy ■> "Tis abfurd in him to expedt, that the fakers fliould {hew how far they are innocently con- cerned in maintaining Suits which never were. But fuppofing this unwarrantable Surmife of a common Fund for the Purpofe of mutual Affiftance in a Chriftian Caufe had been real : Where's the Crime of it ? Had not the Primitive Chriftians a common Fund, Afts iv. 34? Did not they affift the profecuted Brethren out of that common Fund^ Phil. iv. 14, 15, 16? And had not their Adver- faries as much Reafon as Dr. Archer to objedl, that " their Obftinacy {for they alfo caWd Con- •* fcience hy that Name) was thus back'd and Case VII. *' fupported r '; *^" fupported ? '* Doubtlefs they had," And ye£ unprejudiced Charity induced many others ig look upon the lame thing as an Evidence of Chrif- tian Affedtion, and to cry oiit. Behold! how they love one another ! But to be very free and open with the Do^ior in this Cafe, (for the Examiner don't deferve it) Vv^e do believe that JVoodUmd, " the Frofecuted^ has " been at fome Charge," and has had no Affiil- ance, nor any Reafon to expe(fV. AiTiilance, out of any Common Fund or Contribution whatfoever; we ahb beUeve, that tliQ Do^or, the Projecutor, has been at fome Expence ; which may fuffice to fa- tisfy the i5x^.7;/;^^r,. that not only our '' Friend," buttheD^^^^rhimfelf " has really fuftered:" And we fuppbfe, that if the ^/^^ry '' Whether fuch " theirSuffering was for ConfcienceSake ? '* fliall be equally propofed to them both, our Friend \n\\\ anfwer it better than the . Do5lor, The Exa?ni?ier is r leafed, pag. 125, to form a Rule of Confcience, and father it upon us : " The *' Rule of Confciencc, fays he, in this Matter " laid down by them is, that a /t'r/t'^ Mainte- " nance of Miniflers is contrary to the Gofpel ." But in this he is not right : For, we don't fay- that " a /t'//r.3' Maintenance of Miniflers is con- '' trary to the Gofpel." What wc fay is, that a forced Maintenance of Miniilers is contrary to the Gofpel. Wherefore his faying, that Woodland ri rigid ^laker come of a Family '' of fuch, did *' not fcruple to hire the RecStor's Glebe, and his "' Conlcience permitted him to pay Rpnt for '' it," contains nothing inconfiftent with our ■Ruie, unlefs he can ihew fome Power of Com- Ca.se VII. Z puUion ( i8o ) pulfion in the Affair. The Reftor's Title to th(* Glebe is out of the Queftion, for Woodland pays Rent for it in Confideration of his own Occu- pation of the Land, not of the Reftor's Title to it. He pays Rent for the Glebe, becaufe in his Occupation of the Glebe he receives a valuable Confideration for that Rent. But, he refufes to pay Tithes, becaufe he receives from the Redtor no valuable Confideration for them 5 and becaufe he efteems them forbidden by the Gof- pel of Chrift : Nor can he in Conjcience agree to pay what is fo forbidden. His Conjcience is not at Liberty by any private Contrail to diffolve an 0^- ligation arifing from Scripture Precept. But in the Cafe of hiring Land, which the Scripture does not forbid, his Confcience is free, and he is at Liberty to make a ContraB, which Contraft he is in Confcience obliged to perform. The Examiner y we conceive, miftakes in fay- ing, that " an Obligation arifing from Contra general Reafoning 5 and in this, the Infufficiency of hjs Objedions to the Particular Cafes, by which it appears, that in CASE I. The Imprifonment pf John 'Love, and the Value of the Demand, are undenia- ble, nor is there the leaft Pretence that the Profe- cutor did at all apply to the Juftices for the Reco- very of his Claim, though very fmall, being not ^^hovQ 10 s. per Anmmby his own Bill in the Exchequer. CASE II. Is neither difproved, nor di- xeftly denied j but evaded by a Denial of another Thing than what we afferted. CASE III. Is fully confirmed, both as to the Certainty of the Profecution, and the Value of the Demand, by a Perfon, who, the £a:^;///- ner himfelf aeknowledges, will neither " conceal " nor difguife the Truth.'' CASE IV. Is rather confirmed, than dit I proved, by the Examiner, in lliewing us, that the j iame Clergyman did profecute the fume %i?&r many Years before, CAS E ( xSs ) C A S E V. Is exprelly confirmed by the f rofecutor's own Son, and the utmofl Demand, even in the Exchequer Bill it felf, was lefs than 40 s. per Annum from any one of the Perfons profecuted. CASE VI. The Profecutlon appears to have been for a Parifli Clerk's Wages, in which, if not recoverable by the Afts, the Iniquity of the Ecckfiajlical Court is aggravated, in worrying the King's faithful Subjects for Claims recoverable by no Law or Statute of the Land. CASE VII. The Profecution was only for fmall Tithes, as appears by the Exchequer Bill 5 and when the Profecutor applied to the Juflices for Part of thofe Tithes, they readily granted their Warrant, which he was prevailed upon to lay afide, and afterward had Recourfe to the Exchequer : A Method he has fince with good Reafon declined to proceed in. ** I doubt not, fays the Examiner, pag. 131 *' but many of them (the fakers) have a bet- *' ter Senfe of Juftice, and common Honelly, " than the Principles which have been laid '' down, and v/hich I have examined, are con- '' fiftent with." But he has not ihewn wherein thofe Principles are inconfiftent either with yuf-- tlce or IloneJi)\ The ^lakers efteem the Prin- ciples he oppofes. to be founded on iht Freceptsoi Chrift,and the Docirine of Ills Gofpe!, w'lO ne- ver enjoy ned any thing inconfiftcnt wich Julice and C 184 ) and Uojiejly, Let him demonftrate the Juftice of his Claim to Tithes, by proving it confiftent with Chrifi's Precepts. He adds, '' They have the Freedom of Jerv- '' ing God in their own Way'* A Bleffing for ^vhich they are thankful to God and the Govern- ment : But the Examiner will fcarce perfuade them to think, that the Compulfion of Tithes from them, to m.aintain thofe who are hired to j^r^e God in another Way^ is any Part of that Freedom. He proceeds, " But their Duty toward their '* Neighbour muft be governed by the Laws of * ^ the Land." Does the Examifier think that our ^ liriftian Duty toward our Neighbour is as alter- irle and repealable as an Adt of Parliament? Does he intend to fuperfede all Obligation to Scrip- t-re Precept in this Point ? There are certainly J?. v"ariety of Rules in the New 'Teftament refpeft- iik; our Duty toward our Neighbour, 'Tis poffi- ble the Laws of the Land may at fome times in- terfere with or contradict the Precepts of the Gof- p. 1 in this Cafe : What muft we do then ? The 'Examiner in fuch a Cafe, (and fuch a Cafe we ir; ke that of Tithes to be) muft either admit an Exception to his General Rule, or exalt the Au- thority of Human Ordinances above that of the Divine Precepts. llis Inftance of thofe of the Epifiopal Commu- iVvoii ill Scotland paying Tithes, is not parallel to i/.vit of the Ridkers in England-, iinlefs he can llijw, that they have the like Scruple of Confci- c..ci as the S^uakers, However, the forced Pvlainte^iance Maintenance of Minifters by Law is no more Evangelical in E72gland^ than 'tis in Scotland^ or any other Country. The Conclufion. WE have in the foregoing Sedlions tra-^ ced the Kxamiiicy^ Performance Step by Step, and have endeavoured to fliew. That the Frinciples of the ^lahrs^ which he oppofes, are founded on the Precepts of Chrift and the Dodrine of the Gofpel ; do moft effedlually eftablifli the publick Security j and are injurious to no Man's Property. That their Flea of Conjcience^ againfl the Payment of Tithes, is both Chrijtia?i and Pm^ tejiant. That the Clergies legal Claim to Tithes doth not neceffarily infer a rightful Property in them. That the over-ruling a " Plea of Confci- *' ence" by mere Force of La'^v has been the Prac- tice of all Perfecutors for Religion. That the original Donations of Tithes \n this Nation proceeded from the Grofs Supcr-^ flition and falfe Dodrines of Uic Church of Rome. T It A >'• ( i86) That the Superftitious Ufes and Services foi^ ^vhich they were £iven, are juftly fejefied by all v-m Prote'jlanis. , • . ti -n T HAT the Delufion and Craft, which Romtp Fc^iPi-afticksexcrcifedto deceive the People into th&fc Donations, fprung from their Covetoufnefs, and their Breach of " the Command of God jn t-l-.c Decalogue;' Nihherpalt thou covet any thing thatisth neighbours. Deut. v. 21. . T K At the Examiner has not reconciled the forced Maintenance of Miniflsrs by Tithes, with " the Precepts of Chrift." Freely ye have re- ceived, freely give. Mat. x. 8- Eat Juch thmp as are let before you. Luke x. 8. Neither hath lie recdiiciled the Clergies Ex- emption from Labour, with " the Praftice of the " Apoftles " who ivrought ivtth Labour and tra- vel Night and Day that they might not be charge^ able to any. 0. TheiT. iii. 3.8. ^ Neither hath he lliewed, that tne firft « Principles of natural Juftice" intitle one Mart to the Fruit of other Men's Labours, without any valuable Confideration received. Neither has he proved, that « the moft " ancient Laws of the Land" are always the moft righteous. , , Nor that Superjlition, " derived aown to us «' through fucceffive Ages," doth become true " Religion;" Nor, that the " confirming and en- « forcing by the Legiflature upon our early Rf^- " formation from Poperf the Popifi Pay which had been given for Popifi Ufes and Services, was any Part of that Reformation. ■^ Neither f i87 ) Neither has he flicwn, that the " Nature of '' Gofpel Liberty requires the Confirmation '^ and enforcing of any fuch Pay :" Nor hai he fliev/n, that the No^jelty and Singularity of the ^takers in refufing to pay Tithes proceed from any other Caufe than that of Obedience to Gofpel- P/ra^/^ being too much out of Fafliion, which neverthelefs may be their Duty. None of all thefe things has the Examiner done, and yet the doing any Ojie of them would have been of more Service to the Caufe he ef- poufes, than any thing he has done. But 'tis hard to kick againjl the Pricks, Acfls ix. 5. " The Profccutions, Excommunications, At- '' tachments. Writs of Rebellion, Imprifonments, ^' Sequeftrations, and Seizure of Goods," which fome of the Clergy have procured againft the ^takers, are *' convincing Proofs," that the Spirit of Perfecution is not utterly extinct ; and that the Property of the Subjed is not fufficiently guarded from the deflrudtive Purpofcs of thofe, who, in Contempt of the moderate Laws of the the prefent Government, are needleily reviving old Severities, and abufing the Name of the Clergy by defending Pradlices which reproach their Chc»rad:er. And this Ufage the ^mkers meet wuth, not only from the Clergy ; but, becaufe they can't think the Superftition of Tithes removed by tranf- ferring them, they are in like Manner treated by the Lay-Impropriator ; and likewife by fome Churchwardens for their Rates. Thus by unne- (^effary Profecutions, Men of Contentious Difyo- A '' without the great Oppreflion of him, an^ ^' the utter undoing of m;iny, as daily Experience *' fheweth, " And thus to take the Tenth of the Huf- ^' bandman's Stock, and Year's Labour, is Op- '' preffion, Cruelty, Tyranny, and a Sin againft '' the Sixth and Eighth Commandment, it being *' confidered in feveral Refpeds, yea, againft *' the Law of Nature, or found natural Reafon ; *' and in the Breach of the Rules of Reafon, *' Man is leafl: excufable before God and Man : " And a Man may as foon make another Uni- ** verfe, as make this Law of Tithes any other ' ' than a Breach of the moral Law of God and *' Nature. " Our Parfons it may be think, that the Hus- *^ bandman may Ipare the Tenth of his Crop as *' eafily as they may fpare the Tenth of their *' Tithes, that they receive of the Husbandman, *' that cofts them nothing but the Carrying in- ** to their Barns ; *' But herein they arc grofly deceived, or *' wilfully blinded ; for the Husbandman lays ^* out his Stock and Treafure in Corn, as any '^ Merchant or Tradefman lays out his Stock or '' Treafure in any Merchandize or Wares what- " foever, *' As for Example -, A Man cannot fct a *' Crop of Wheat upon one Acre of Ground *' undiQv forty ShiIIi?igs^ where the Land is worth '' but ( 200 ) ^^ hwt five or /at Shillings per Annum by the Acre : "' And in thofe Places where the Land is worth ten^ Shillings, or fixteen Shillings, or twenty Shillings per Annum by the Acre, a Man can- not fet a Crop of Wheat under 3/. or 4/. and in fome Places 5/. upon one Acre of Land that ^' is let at thofe Rates ^ " And the Husbandman waits a Year and ati "^^ half for the Return of fome of it, and a Year *' for the Return of the reft of it; and many *' Years within the Term of 21, the Husband- " man's Stock fo laid out returns none Increafe, " but decreafes fometimes after the Rate of 5/. ^^ fometimes 10/. or 12/. in the Hundred, '' And this we can prove by diverfe Inftances, " of Men that have loft of their Stocks (laid out '' in their Crops) after that Rate, and yet no Fault in the Husbandman, either for vvant of Skill or Diligence in his Calling : And fome do fo every Year in one Place or other of this Kingdom, and yet the Tenth of the Hus- bandman's Crop is taken from him Yearly, without any Confideration of his Lofles : " And the Parfon hath no fooner taken the Tenth of the Crop, but the Nine Parts of the Husbandman's decayed Stock is again to the Parfon like the Bull or Cow that Joi fpeaks of; Joi^ xxi. 10. The wicked Man s i?//// '' gender eth and fa'ikfh not ; his Cow calve fk and [' cafleth not her Calf: '*' Even to keep the Ground in Heart, and they muft be upheld by the Crop,'and fo reckoned in it. '' And if the Crop be well confidered, there is " not one Year in feven, that the Crop of Corn '' ('upon ordinary Land that hath been kept in *' Tillage) is worth any more Money at Harveft,. " than that Part of his Stock aforefaid laid out m '' the Crop, if the Hufbandman be but' paid for '' his Labour, as he pay^ the Day-Labouring- man for his Labour : If the Crop be worth lo much, the Hulbandman is glad^ and gives ^' God. ( 207 ) «^ God Thanks that he has blcflcd his Labour fcr '' v/ell : The Crop is oftner lels worth thaa *' more. '' And there is not one Year in Ten, that the " Crop of Corn of ordinary Land in any Farm '' is worth fo much more, befides his Stock laid '^ out in the Crop as aforefaid, as the Tithe '' thereof comes unto, and yet the Tenth of the *' Crop is taken from him without any Confidera-. " tion, whether his Stock have increafcd or de- ** creafed in the Crop. CC " If the Crop be worth no more than th© 350/. laid out in it as aforefaid, yet the Par-^ *' fon's Tithe will be worth 35/. for he hath *' the Tenth of all the Crop, and this 35 h *' is above the third Part of the Year's Rent of '' that Farm : Then by this Account the Piif- " bandman hath taken from him by the Minif. *' ters or Impropriators, the Sum of 35 /. of his *' Stock, and his Stock is decayed 35 /. although ** he lias played the good Hulband, and hath had " t|he BlclTing of God upon his Labour, in an cr- " dlnary Way of God's Providence on the Fruits '^^ of the Earth. And thus in few Years the Par- "foivs Tithe eats out and confumes the Huf- i5 baadman's Stock. ". And if the Huffcandman's Crop be not '' worth fo much by 50 /. as the Stock or Charge ^' that he hath laid out in it (as many a Year *' within the Term of Twenty One it is not) yet *' the Parfon's Tithes will be worth 30 /. Then by '' this ( 2os ; * this Account, the Husbandman has lofl: 50 /. *-^ bv his Trade of Kufbandry, and he hath taken "^ from him 30/, more of his decayed Stock, ^^ which being put together makes 80 /. which ^"- is almoil the fifth Part cf his whole Stock, that ^' he has loft by his Crop of Corn in one Year, ^^ befides his Tithe-^Wool ond Lamb, and be- ^^ fides ether Lofies that may fall out the fame " Year, and befides the wesring out of his Im- " plements of Hulbandry, that require yearly l^ renewing. *^ And if fome few Years prove unfeafonable, *^ the Husbandman is by this means of Tithing *' bereaved of the greateft Part of his Stock ; *' and fo, by this Means, in few Years utterly ** undone. *^ And this we can prove by diverfe Inftan- *^ ces of Men that have been thus undone, and l^ yet no Fault on the Husbandman's Part. But fuppofe the Husbandman's Crop (after one fuch Year's Lofs) fhould prove for Ten Years together as well as can be expefled 5 yet ** the Husbandman fhall never recover that one " Year's Lofs in that Ten Years, but live in ^' Want and Mifery in that Farm, by Reafon *^ that the Tenth of his Stock and Labour is ^' taken frcir* him yearly under the Name of ^J. Tithtf. ( 209 ) *' But iuppofe that the Husbandman's Stocl^' *' with his Labour and diligent Care, fliould in- '' creafe every Year after the Rate of ten Pounds " in the Hundred : How ftands it with the Juf- *' tice of the Moral Law of God, and the Law *' of Nature, or found Natural Reafon, that ano- " thcr Man, whether Minifter or Impropriator, *' fhould carry away every Year, all the Increafe " of the Husbandman's Stock and Labour, thut *' he hath laboured for all the Year, and laid out *' his Stock or Treafure in his Calling, hoping *' for fome Gain or Increafe ? *' The Husbandmanby this Means of Tithing " is in no poffibllity of increafing his Talent or *' Stock, to lay up any thing for his Wife and *' Children, as the Order and Duty of Nature *' requires him. Ge;L xxx. v. 30. ^/ij Jacob *' Jafd unto Laban, but now 'when jl jail 1 provide '' for mme own Hotife aljb ? And the ApoiUe '' faith, I. Tim, v. 8. But if any provide not ^^ for his own, andfpecially for thoje of his own *' Houfe, he hath denied the Faith, a?:d is wcrje " than an Infdel. And is not the Means itfelf *' when provided, taken from them by the Mi- *' nifters and Impropriators under the Name of I' Tithes ? " Nay, although that the HusbandmanV Stock ^* with his Labour do increafe every Year after " the Rate of Ten Pounds in the Hundred, yet " by this Means of Tithing, there is not cuily " Uken from the Husbandman all the Increafe ( 210 } f^ of his Stock, and Year's Labour, but alia *^ fome of the Stock it felf. As for Example -, " If the 350 /. aforefaid laid out in the Crop *' do increafe 35 /. that is to fay, that the Crop *' of Corn be worth 35 /. more than the 350 /. :* aforefaid laid out in the Crop of Corn, which *' 3 ^ /. is the Increafe of 3 50 /. after the Rate of *' ten Pounds in the Hundred j then by this Ac- *' count the Crop of Corn muft be worth 385 A *^ and the Tenth of 385/. is 38 /. 10 s, which " the Parfon, (whether Minifter or Impropria- *' tor) takes for Tithes, for he hath the Tenth of *^ all the Crop wherein the 350/. Stock and the *' 35/. Increafe lies. Then by this Account the *^ Parfon, (whether Minifter or Impropriator) '^ takes 35/. which is all the Increafe of the *' 350 /. aforefaid (laid out in the Crop) and 3 /, *' 10 s. of the Husbandman's Stock laid out in *^ the Crop of Corn as aforefaid. *' And fo by this Means of Tithing, the Huf- *' bandman's 350 /. Stock laid out in the Crop of " Corn is come to be but 346 /. 10 s, and fo there y is 3 /. 10 s. loft of the Husbandman's Stock. ^^ O Viperous Brood, Tithes, that eats out the " Bowels of the Dam. that breeds it, we mean, *' the Husbandman's Stock, every Time that it *^ is delivered of Tithes ! *' He that (hall deny this aforegoing Demon- '* ftration (of Tithing) to be true, muft deny his *^ own Reafon, and every underftanding Huf- bandman's ( 211 ) bandman's Experience. And he that doth think to make Men to believe, againft found Reafon, and true Experience, mull go feek out another World of Men to beget fuch a Kind of Faith in. *' Is it not worfe than Ufury to take lo/. in the I go/, not for lending an loo/. of his owa Money ; but the Parfon (whether Minifter or Impropriator) in taking of Tithes, takes lo/. in the loo/. of another Man s Money, and the * Impropriator gives nothing at all to him that he takes it of. " To take Ttv/ Pounds for the Loan of I go/, (of a Man's own Money) for a Year,- hath been adjudged excelTive Receiving and Gaining from another Man, tho' it be for lending of his own Money ; and therefore now no Man may take above -j- 8/. for tho Loan of igg/. for one Year : And yet by this corrupt Cuftom of Tithing, there is tak-en of theHulbandman, by the Minifters and Im- propriators, Ufe upon Ufe, after the Rate of lo/. in the Hundred, not for lending their own Money, but of another's (the Halband- man's) Money. D d '' Can * Neither does the Mlr.ijler give an) thing to the Quakers. + This was at that Time the Jnterefl allow* d by Lavj^ which being novj hut five Pounds j or the Hundred ^ inakes $he Grievance at this D.iy the greater. ( 212 ) ** Can any Man live upon a more ungodly «* Way of Maintenance than this of Tithes ? « It being worfe than that of Ufe for lending of ^* Money condemned by the Statute Law *' of this Land. Jer. xxii. 13. Wo unto him •* that buildeth his Houje by Unrighteoujhefsy and " his Chambers by Wrong ; that ufeth his Neigh^ <* bour's Service without Wages, and giveth him *' not for his Work. Or can any Man be in a *' more flavifh Condition than the Hulbandman ** is in, to pay Ufe upon Ufe after the Rate of ** 10/. in the Hundred for his own Money and *^ Labour, and weary himfelf for very Vanity ? *' as the Prophet faid of thofe that were under •' Oppreffion among the "Jews in his Days, *' Hab, ii. 13. yea, wear out himfelf and his ^^ Stock to enrich another Man. ^^ Now whether the taking the ^enth of flie ^^ Hulbandman's Stock, and the Tenth of his *^ Year's Labour, by taking the Tenth of his Crop *^ under the Name of Tithes, be Oppreffion or *^' not ; and whether it ftands with the Juftice " of the Moral Law of God, and the Law of *' Nature, or found Natural Reafon y and whe- ^' ther it ftands with the Honour of a Chriftian *' Nation, where Men profefs Chriftianity and *^ the Power of Qodlinefs, that one Man fhould ^* be a Slave to another, yea devour another like *' the Beaft in the Field ; and that the Hufband- *' men fhould continue under the Yoke and *' Burden of fuch a Law and Cuftom, that it ** fhould be impoffible for them, in an ordinary *' Way of God's Providence in their Callings, to 1! '^X ( 213 ) *« lay up any thing for Pofterity, or live cont- ** fortably in this prefent Life, we leave to every *' reafonable Man to judge. *' That this is true, that the Earth brings *' forth no more Increafe than is before-men- " tioned, the Huibandman can tell by Experi- " ence ; and it is poflible for any rational Man *' to prove, that lives in any Parifh in this King- <* dom, if that he take a true Survey or Ac- " count of every Man's Crop in that Parifli *' what it is worth at Harveft, and what it " (lands him in, as of Re?it, Seed, Dunging, " Liming, Chalking, and M^/r//«^ of the Ground, " Ploughing, Weeding, and Cutting of the Corn. *' By this Demonftration the Reader may per- ^* ceive, that the Huibandman doth pay Ufe «' upon Ufe after the Rate of to/, in the Hun- <* dred, for all that Part of his Stock that he *^ lays out in his Crop of Corn and Cattle, «* which doth amount unto 8/. in the Hundred <^ (within a Little) for all the Hufbandman's " Stock of Horfc, Harnefs, Ploughs, Carts, and " other Implements of Huibandry ; yea for the «« Bed that he lies upon, and his Brafs Pots and <' Kettles, yea, tor the Stools and Forms, that *« he and his Children and Servants fit upon ; '' for 500/. at 8/. in the 100/. is worth a,oI. per « Annum, 2.nd.xhzTitbt^Hay, and a;v/ and " Tithe-Cakrs, Mtlk, Lamb, and Wool. Pigg:s, ^c E^s, and all other Things that the T/r/>^-M.//- - vincmg, will, no doubt, join with us In. thiK Co?iclufion^ viz. That the Clergy's Modern Pretence to a Pro^ perty in Tithes is as oppojite to right Reafon vind Jocial Equity y as their Old Claim to them by Di^ vine Right was repugnant to the Precepts c£ Cbrijly and the Doctrine of the G^y^^/, F I iV^ m't •^a^^'^.^^^^zs Date Due PRINTED IN U. S. A. BX7676.A2B55 A vindication of a book, intituled, A Princeton Theological Seminary-Speer Library 1 1012 00039 5188