A Supply to a Draught of an ACT or SYSTEM Proposed (as is reported) by the COMMITTEE FOR REGULATIONS Concerning the LAW: Wherein are Prouisoes against several Inconveniences which may befall the Free-People of this Nation thereby, unless seasonably by the Supreme Power, or otherwise prevented.  
To which is added, A short Treatise of TITHES, showing their Original Rise, to whom Due, how they have been disposed of from Age to Age; with seasonable Proposals for the future Preservation and Advancement of Religion and Learning, and settling a Competent Maintenance for Ministers and true Labourers therein, for perpetual quiet of the Nation.  
Published by divers Officers and Soldiers of the Commonwealth and Army, being the second part of their Antidote, and tendered to the same Consideration.  
Printed for the use of the Commonwealth and Army, and to be sold by Tho: Brewster at the Three-Bibles, by Paul's, 1653.   

The Publishers Epistle. To all faithful in CHRIST, whom it doth or may concern.  
HAving lately heard of some Propositions called The System of the Law, which are said to be intended Preparatives to several Acts of Parliament, touching the Regulation of the Law. We cannot but with thankfulness acknowledge the Care and Industry of those worthy Persons who contrived the same, it containing many good and wholesome Provisions for the future perpetual Good and Quiet of the Nation. Nevertheless we do humbly conceive that there are some unsafe Results (said to be) thereby offered; which (if they should be confirmed by Act of Parliament before a further Supply of what is conceived Necessary and Convenient to be also added) may very much tend to the prejudice and disquiet of the People: We (having formerly as well in this kind as otherwise contributed our weak Endeavours for general good of this Nation) knew not at present, wherein we could give a more visible Testimony of our Affections to the peaceable Government of the Free People here, than by offering to the seasonable Consideration of them and the Supreme Authority, what we humbly conceive prejudicial and inconvenient to well-Government, in Case that System (as it is said to be now prepared) should take Effect: We therefore make bold to offer unto public Consideration such further Provision as we humbly conceive most fit and convenient, for Supply of what is thought to be omitted, mistaken, or unprovided for therein (intending shortly to set forth further Discoveries of this Nature:) To which we have added a small Treatise concerning Tithes, with the original Rise thereof, to whom due, and how fraudulently detained and exacted by Vndeservers and disposed of from Age to Age, with Proposals for Preservation & Advancement of Religion & Learning, and future competent Maintenance of the Ministers and the true Labourers therein (being Necessary for general Quietness;) and for Redress of some Inconveniences relating thereunto that have formerly befallen this Nation, hoping that something may therein appear to the Supreme Governors worthy of Consideration and acceptance for Public good; which is the real Desire and Endeavours of,  
E.L. T.P. H.W. S.G. etc.   

A Supply to an ACT Desired to be Proposed (as is reported) by the COMMITTEE FOR REGULATIONS Concerning the LAW.  
IT being reported, That some persons have proposed in writing, or otherwise, or have such intent, several things which may tend to inconveniencies, if needful provisions be not in the same.  
One of them being, (as is said) That no Arrest shall be before Summons, without any provision either by speedy Arrest, or Restraint of any skulking persons, Outlyers, or Fugitives, from going out of this Nation; or lying hidden, or obscuring of themselves, or giving out that they will, or running, or going about to run away, after they have gotten great Estates or sums of moneys into their hands, by flatteries and feigned machinations, and inventions, on a sudden, and so dasling the eyes of many Conscientious people, which (if so should take effect) is to be feared, will be to the great loss of many, and undoing of divers of them, by many of such, which will hast suddenly away to Amsterdam, Constantinople, the East or West Indies, and never come again to make any satisfaction to any of their Creditors; or give recompense to any of those, which they have defrauded: but for any way of prevention of such inconveniencies or mischiefs, we forbear to write, being (as we conceive) sufficient hath long since been published for that purpose.  
Another of them (as is said) is, for putting the Laws of this Nation against Drunkenness in strict execution; (which as said is very well done) to which is wished might be added, That none might drink Healths to each other; which is very like would prevent much Excess in that way: such do being thought one of the principal causes of the fall of the African Churches; which loathsome and odious sin, was much cried out against by St. Augustin Bishop of Hyppo, in his time.  
Another of which (as is also said) is, That no person shall be arrested, attached, molested, or troubled by any Original, or other Writ or Process thereupon issuing, without any provision for declaring or proceeding in Actions, which are necessary to be joint against such as shall or may be compelled to appear, with such of them as be or shall be Fugitives, or obscure persons, and cannot suddenly be found to be proceeded against, with the other, and some of them not in a long time; whereof (it is hoped) serious Consideration will be had by the honourable Commissioners, or Committee for consideration of the regulating of the proceed in the Law, that no just cause or suit may be lost for want of such provision.  
Two other good things (as is said) be also proposed, (that is to say) no more collateral warranties may prevail to bar the Nephew or the Niece, and that no Occupancy, or Entry (by any stranger or other than the Heir of the Lessee) shall be concerning, into, or upon any Lands or Tenements, after the decease of him who was thereof seized during the life of an other, and died so thereof seized; together with which we could wish might be taken into consideration, whether or not it be necessary that the Statute of limitations of Entry should as well extend to the bringing of writs of Entries, Assize, Formedons, Ayle, Besayl, etc. and the taking away trials by wagers of Battle, which is conceived to savour so much of Heathenism as trials by ordeyl, or the custom of Villeinage although not so obsolete) but sometime have been put in practice in these modern times; and of wagers in Law, which many know do much hurt.  
Another of them (as is said) is, That no matter to be proved, or given in evidence, shall be available, unless it appear to be proved to be within thirty days next before or after the time laid in the Declaration, or to the same, such, or the like effect; which is conceived to be too short a time of limitation for such purpose; for if the matter come in question within a year, it is thought difficult for any ordinary man to tie his remembrance within such time, much less after 4, 5, or 6 years or more, which often may fall out in such case; but it is conceived, that within the limitation of half a years time it may be remembered by such, and very well by many, having regard to the seasons of the year (that is to say) temperature, heat or cold within such times, or some remarkable thing happening.  
Another of them is reported to be, that no writ of Error hereafter shall be brought, or to such effect; which if it happen, to what infinits would appeals come (if any shall be) and how then should matters of error in fact be tried? Is it not (as anciently hath been) convenient, that it should be tried in the Country, where the cause did arise? and amongst others by some of the Hundredors' there? and if the cause of challenge in such case should be taken away, many may imagine what inconvenience may happen; for in ancient times Hundredors' were accounted all honest according to those times, and none others suffered by the residue of the Hundredors' to remain or abide there; nor any stranger at all permitted to come to reside there, without putting into the same Hundred pledges of some of the inhabitants thereof.  
And as concerning writs of Errors when that ready drawn come out, (it is not doubted but) it, will appear that (if it be a effected) there will be seldom any cause of bringing many writts of Errors, or Appeals, but that very few may serve for that purpose.  
An other of them being reported to be, that if any person (who doth not sue in form of poverty) be adjudged to pay costs, in any cause, the same shall be paid by the Attorney in the suit, if such Plaintiff cannot be found in the Commonwealth.  
This (is feared) will be another occasion in putting off all of ability in estate, experience or judgement, from being Attorney.  
And that thereby few or no pledges will be found other than the imaginary names of john Do, and Richard Roe, if the Plaintiff be not enforced upon commencing his suit to find better, as by the ancient law of this nation he ought.  
Another of them is said to be, that after issue joined, the same shall be tried that day seven-night in the place where the same is tryable, if the Judges shall be then and there sitting, otherwise at their next sitting in such place after those seven days, at the request or prosecution of either the plaintiff or Defendant, or to the same, such, or the like effect.  
And in others also (is said to be) that judges without consent of parties, shall not defer any trial above 15 days longer than seven days after Issue joined: And that only for some just cause to appear to the Court upon oath, and upon payment of such costs to the adverse party, as he shall make appear by oath, he is or shall be put to by reason of such delay, before any longer time be granted.  
If these two should be observed how will Plaintiffs or Defendants, which have witnesses in several or many places fadistant from the place of trial, speed? Or can it any otherwise be imagined, but that he, she, or they, which cannot prove their Declaration, Plea, or Issue, without such witnesses to be brought from several places, shall unavoidably be triced, and injured, it being impossible to have them brought to such places of trial in so short time?  
Some others of them being (as is also said) (for Forms of Declarations in a short manner as follows, or to such or the like effect) one, that a precedent is contrived in an action upon a promise, only reciting that M. SS. the Plaintiff complaineth against the Defendant for not paying _____ pounds, according to his promise, being so much indebted to him, the _____ day of _____ to his damage of _____ If this should go so, how can the Defendant imagine what promise or consideration, or debt, the Plaintiff will insist upon at the Trial? Be not some promises made without any lawful consideration, and many promises made that do not amount to any debt, nay not so much as to be demanded by the Plaintiff, until some Act be performed on his part? And may not many promises be made for debts, duties or demands, which may be honestly satisfied by the Defendant, and so by him proved, if he knew what would be stood upon at the Trial? And will not many Defendants in such cases be triced, & others of them constrained to produce Multitudes of Witnesses to Trials at their great Costs, trouble and charges, to prove multiplicity of Matter?  
Another that M. SS. the Plaintiff complaineth against the Defendant for trespassing him the _____ day of _____ in Close called _____ at _____ to his damage of _____ without expressing, whether by walking with feet, or with , or digging, cutting, lopping or topping: which is like more to puzzle the Defendant, than to lay it so uncertain, that the Defendant must be constrained to put in a common Bar, to enforce the Plaintiff to a new Assignment of the place in certain: and further, by such courses the Defendant is like to be put to such other Inconveniences, as before is mentioned.  
Another M. SS. A. B. complaineth of C. D. for not delivering him _____ quarters of Malt, which the _____ day of _____ he promised for Corn to deliver, to his damage of _____ without mentioning when the Malt should be, or when the Barley was delivered: which leaveth the Defendant to such uncertainty, that he cannot tell how conveniently to defend himself at the Trial.  
Another H.SS. A. B. complaineth of C. D, of _____ _____ for not paying 20 l. debt, and 5 l. damages, which is due from him by Bond dated the _____ day of _____ to his damage of _____ for not paying it, without reciting to whom it should be paid, or the Bond to be produced into Court, whereby neither the Defendant nor his Clerk, or Attorney, can see whether his name be thereunto subscribed or not, nor what witness did or have subscribed thereunto their names as witnesses, or to see whether or not their names be counterfeit; or the wax new or old according to antiquity of the Bond; or whether or not the seal be counterfeit (such wicked courses having been more frequent of late years than formerly) and many beggarly persons more expert, and dishonestly bend to act such things than in those times; many being so cunning at that work, that a man cannot know his name so counterfeited from his own hand writing, without diligent care, and long viewing and comparing, and consideration had of other circumstances. And besides the Defendant cannot come to the sight of the condition of the Bond, that he may see whether it be performed or not: which things cannot be conveniently done at the trial, there being always little time to perform any such thing; whereby the poor Defendant is like to be as much perplexed as before is mentioned.  
Another for breach of Covenants, only setting down the Breach, and the date of the Indenture, but not wha● the Covenants are, whereby the Defendant is left in the same case, as before is mentioned, and besides most commonly a Defendants taketh no counterpart of Covenants: and likewise the breach may be of covenants in a Deed Poll, whereof no counterpart useth to be made, and thereby how can a Defendant defend himself against a thing falling upon him from a place out of his sight?  
Another L.SS. A. complaineth of B. for that A. being a tradesman, the said B. the _____ day of _____ spoke these false and scandalous words of him (that is to say) A is a Bankrupt, to his damage of _____ without mentioning of what trade the Plaintiff is, or upon what occasion the words were spoken, that the Defendant may be provided to bring his witnesses (if he have any) to counterprove the trade if certainly laid, as well as the manner and occasion of speaking of the words, in which the Defendant will receive prejudice if the Declaration should be so generally laid, and be put upon divers inconveniencies as before is mentioned, for he may be a tradesman and yet neither buy nor sell, or at least not buy upon trust, which few handicrafts men do to any considerable value, and the words may bear actions, by reason of many circumstances, without which they would not lay. Other Precedents, (is said) there be so proposed (the observing of which may tend to much intricacy) but very few, not near so many as will be necessary to be used, for which there be very good old Precedents; in which most (as is conceived) is necessary and little surplusage in them; and besides many actions upon the Case; be new Precedents, and divers others, for which no Precedents can be contrived before they happen; so that upon the whole matter, the old way and course concerning these things, is conceived to be the best; but with this, that if any shall put any apparent unnecessary surplusage in any Declaration, Bill, or Pleading, he shall be allowed nothing for such matter. And if no other forms should be, but such as is so proposed (as is said) shall not the Defendant then be as a man alone, brought, sent, put, or left, without Arms or Ammunition in the field, to fight with, or defend himself against another armed with several sorts of weapons and company?  
Another of them (as is given out) being that no Attorney should be admitted to appear for any person, until oath be made of serving of a summons, unless he make oath before the chief Clerk that he had order from his Client to appear, and produce a warrant to the chief Clerk under the hand and seal of the Client.  
Nor shall any Attorney confess Judgement in any cause, and if the Attorney shall appear without Warrant from his Client, or confess Judgement against his Client, to suffer punishment.  
And if it should be enacted in such manner, without any further provision or limitation, together with laying aside all penalties (which is hoped is not intended, though it is said it is proposed) then would there be four times as many Trials as formerly usually there have been, (about six Judgements being usually entered to one Trial, wherein neither party to the Suit have been at Charges of Counsel, as they usually are at Trials and Inquests of Office) which is doubted will continue the charges in Suits at Law as high as formerly, if not increase the same; but there being so much already written, and long since published in print abroad concerning these things; And examination of Witnesses; For prevention of perjuries, and excessive charges in Trials, and abatement thereof; For sale of Distresses taken for Rent; For enlarging the Statute for tender of Emends for Trespasses, and that it may be in Replevins after Cattle in Pound, and for goods and chattels after the same taken into custody with damages and costs to the time of such Tender; And of Motions and Orders; Undue Courses of Jurymen by receiving Rewards; For procuring speedy appearances at small Charges; Prevention of Arrests without cause; For Relief of Creditors against wilful prisoners, & poor prisoners against merciless Aversaries Excessive Charges by Bills and Answers, etc. Frauds by Monopolising Officers and Attorneys; For an easy way without charge to either party, Electing or to be Elelected, and without favour, or affection, or fear of any person for election of future Parliaments or Representatives; Relief of honest Executors and Administrators, against payments of Debts and Demands out of their own Estates due from Testators and Intestats, more than the value of the Goods or Chattels, of the Testate and Intestate, which shall come to their hands, and of Debts not due, and of Creditors against dishonest and fraudulent Executors and Administrators; For preservation of Shipping from wilful destruction by deceitful persons, to defraud Purchasers and Creditors of their Ships; For compelling of Defendants speedily to answer, when the Plaintiffs Witnesses be sick, or going beyond the Seas, and such Witnesses immediately to be examined; for speedy appearance upon serving Writs or Warrants in Chancery, or to have Decrees within a short time for Default thereof; For enabling a Conusor or Plaintiff in a Judgement or Statute (if he will) to make his Entry and Claim, and then bring his Action for Recovery thereof, which he is driven to after with much Trouble and Charge about Executions concerning the same; And for Recording and Registering of Deeds and Conveyances, Judgements, Statutes, and other Encumbrances upon Lands and Tenements, For prevention of Frauds and Deceits in Sales, and quieting of possession of Purchasers, And for enabling Creditors to have the benefit of Copyhold and entailed Lands and Tenements for their satisfaction, as far as may be conveyed by Surrender, or cut off by Fine or Common Recovery, And of all Chattals Real as well as Personal, it is forborn further to write of or concerning those things.  
And as concerning the necessary continuance of Writs of Error in some cases, (which (as is also said) is proposed to be taken away) which if it should happen is doubted will be an occasion of Appeals (if any shall be) to run to Infinites, in such manner, that it will be impossible to have any considerable number of any Appeals to come to a period by that time (as is given out) is proposed concerning the same, but that the same rather will remain several years undetermined.  
And as concerning divers other things necessary to be taken into consideration (they being ready written to be published in convenient time) it is forborn further to mention any of them.  
Another (as is also said) is to the effect, That Distresses taken for live goods preserved by the space of ten days, and not replevied, and of dead goods not replevied in 15 days, may be sold, which shall be in this manner, (that is to say) The party distraining, or some on his behalf, shall acquaint the Sheriff therewith, who shall at a Court, etc. cause twelve persons to be sworn to deal uprightly touching the apprizement of those goods, and giving the parties who distrained them just satisfaction out of the value of them according to their best skill and judgement; And the parties so sworn shall thereupon make apprizement of the goods, and likewise set what is due to the party who distreined them, with his damages and full costs, and the charges of the following of the Distress.  
And the Sheriff shall thereupon sell the goods, and by the price pay the party distreyning his full debt, damages, and charges so found by the jury; (if the value will extend thereunto) and if there be a surplusage, to restore it to the owner of the goods, all but his own Fee, which he is to retain, and shall in a Court cause the apprizement and distribution of the money to be entered: And these proceed to be final, without further question to be had in Law or Equity.  
But may not there be Error, or cause of Attaint, or an Appeal in this, as well as in any other cause, although the first part of this is like to be a very good course? And in such case it is just, that relief in some way should be to the party grieved.  
And another of them (as is also reported) is, That an Assignee of a Debt after Entry of it in the Registree shall be enabled to sue for it in his own name.  
But yet it is hoped that such Proviso will be made, that no unlawful maintenance may be introduced, whereby any may be deprived of any just Debt, or the Debtor thereby disabled to satisfy his former real Debts. And that the Debtor may first pay off all he oweth upon matter of record appearing to be due, or entered in the Registry, etc. before any such Assignment shall be available. And that such Assignment, if it shall after appear to be fraudulent, or for a feigned Debt, or upon any matter fraudulently devised, shall not be available against any Creditor, for good or valuable consideration.  
Another of them is given out to be, That an Executor or Administrator may pay a Debt without specialty, due by the Testator or Intestat, before any other Debts upon specialty, or upon judgement, Statute, or other matter of Record, to the Commonwealth, or to any other person, (if the Executor or Administrator shall not have notice of such other Debts.)  
Without any proviso, or limitation of time, after the death of the Testator or Intestat, to give such notice, of which it is hoped that due consideration will be had that the Testator or Intestat (continuing a wicked, avaricious, or a Heathenish, or Atheistical life, and condition.) Divers before alteration of their Wills or Testaments, and many of them before the making of any, (being too many) may not contract fraudulent or feigned Debts in such secret manner that it cannot be discovered (which hath been too frequently used) and thereby many defrauded of their just Debts and Demands; or that notice may be in such like case in like manner as hath been written, and lately published in print.  
Another of them (as is said) is, That if any shall send a Challenge or Duel to any, and he accept it both of them to suffer death, the one for sending, the other for accepting, and the Messenger to lose his hand: A doubt in this may be of occasioning Assassinations by the parties which shall so send such Challenge.  
Another of them (as is said) being, For erecting of new Courts of Record and judicature in all Counties of this Nation, consisting of five judges in every of the same (whereof one of them at least to be a Counsellor at Law) without respect of the greatness of some, and smallness of others of those Counties; or of the multitude of People in some of them, and the paucity in others of the same; And that judges shall be tied to often sitting without adjournment above _____ times in the year, and not above one week at a time; which course it's feared will be very chargeable, and little amend the former chargeableness of the proceed in the Law; for 'tis like, that no Counsellor will be willing to neglect, forbear, or forsake, all his practice during the time of three years together, (which he must do if he be and sit as a judge) without good allowance or salary; And how then can any council be found to be judge? and is it not convenient that Council be versed in the Practic part, as well as the I heorick of the Law, be●ore he can be able council to be a judge? and will any other Gentleman in any County undergo such trouble and charges (which they necessarily must do if put upon such employment, and forbear the most part of their domestic and necessary affairs during that time) without some recompense, and not altogether to be at their own charges; as justices of Peace which are not tied to such care, duty, and attendance, in such troublesome and chargeable manner by many degrees?  
Another of them being, (as is said) That no Attorney shall take above 6 s 6 d. for suing out the first Writ, drawing, copying, and engrossing the Declaration, including the fee for the Plaintiff. And the like for Appearing, putting in a Plea either General or Special, Copy of it, and the fee for the Defendants Attorney 3 s. 6 d. at a Trial, or Writ of Inquiry, and the like for prosecuting and suing out the first Execution. And that no Attorney shall receive any fees exceeding 10 s. in any one cause, besides the forementioned, and some other small matters, or to such effect, and yet shall continue and use his best endeavours to bring the Cause to a speedy end, or otherwise shall restore all the fees which he shall receive.  
In which, if it be meant until the money be paid, or satisfaction given to the party, much inconvenience may be, for the Declaration may fall out to be special upon some contingent occasion, for which no precedent hath been, and it may be necessary that many long recitals of several Deeds, Escripts, Minuments, and writings, parcels and particulars of goods, and sums of money, accounts, and several times, and places of acting divers things, which will require two days time of study, writing, and pains about many of them, and necessarily may be very long, many of them 40 or 50 sheets of paper, and some of them more; and the like concerning special plead. And if some short forms of pleading (as is said be proposed) should be only used (of which herein more is written) than it is thought necessary to set down and express in writing, what matters only shall be insisted upon to be proved, or given i● evidence at the Trial, and a copy thereof to be delivered to the adverse party, or his Attorney, a convenient time before the Trial, to consider of drawing up bills of Exceptions, Demurring upon Evidence, or praying a special Verdict, otherwise the poor Defendant may be triced and deprived of his just defence, when his cause is good, and be overthrown against all right and reason: and is not this as convenient to be done, and put into writing, as upon General issues pleaded according to the new Act (which as is reported is proposed with a prescription of how many things only shall be insisted upon at the trial, which is thought to be very well done?) And w●ll it not be as convenient, or much more, to have the body of the Declaration according to the old ancient Forms or Precedents, contrived at first by very learned, judicious, and conscientious men, at the request or appointment of our ancestors, for the quiet of themselves in their times, and us their posterity after them, in avoiding of vexatious, unnecessary, troublesome, trivilous, and chargeable suits, which is conceived by many are more like to increase than abate, if those laudable Forms or Precedents should be laid aside? And will it not be as chargeable to have such things put into writing at last, as at the first? And will not the Defendant have the better time to defend himself if done at the first? and will it not thereby be discerned, whether the cause be good or not, and save much charge before it proceed, and many frivolous and unjust suits than die in the breeding, and thereby Suitors have the better content? And if the matter should be put off to the last, before it should be put into writing (that is to say) until a Demurrer upon the Evidence, the finding of a special Verdict, or Bill of Exception, will or can any be found or heard of after a small number of years to do or draw the same? And will not then Learning, Knowledge, and ludgement in the Law be at, or fall to a very low ebb?  
And will not then many Suitors be much prejudiced or wronged by reason of many of their just Causes going against them, contrary to all right and reason?  
And will not that endanger such things as here in another place is mentioned?  
And if a stranger should have a Cause Tried and go against him, would it not be a better satisfaction to him and his Countrymen (to whom he should show his Cause) to see the Cause appear in writing, that they may know the justness of the passing, finding, and judging the Cause against him; than to have the matter stood upon, to be blown away, or vanish in the Air, or be as obscure and mystical to him, or any of his Countrymen, as if it were in the Clouds, and be an occasion of suspicion in them of some unjust carriage in the business? And what danger such obscurity may be to the alienating of the affections of Strangers to the people here, many make doubt.  
And as for having such to be Clerks or Attorneyes in the Inns of Court, or Chancery, as many have been (and as is said is proposed should be, and none other) how can such be expected hereafter? will any be at the charge to train up their Sons that way? or will any bend his study to that (which is most difficult, and troublesome, and chargeable, and so difficult, that few who have long studied in the same have attained to any considerable perfection, knowledge or judgement therein) And none can be good Clerks in the Law without it, or any Attorney considerable; by which after he shall perceive that he shall not be allowed to live, or so much as be recompensed for his pains in any considerable manner, no not so much as a Cobbler or Porter in their ways, and yet to be censured in their reputations, as to have been as bad as if some of them had acted such things, for which ignominious penalty (as is reported) is proposed to be imposed, and for such things as were never heretofore done, to the discouragement of Clerkship and all manner of learning? And how can it be imagined, that any such should subsist in these times, if he must not take so much, nay not half so much as in ancient times, when they might have had better Diet by the Week for 2 s. and 6. d. than for 10 s. in these Times, for studying contriving, and drawing of plead, that is to say, Bills, Declarations, Answers, Pleas, Special Writs, Special Verdicts, Bills of Exceptions, Demurrers upon Evidence, & c? about the studying and contriving of many of which (to do the same aright) the time of a day or two, or more, may be required, and yet the Declaration when done very short, not above one, two, or three sheets of paper, although some of the same may be very long, as herein is mentioned in another place: which trencheth most concerning Special plead, for which some Council and Clerks have deserved sometimes 5 li. when as others have not deserved 5 sh. Which things proposed (if they should take effect,) is feared will be an occasion of the perishing of causes, which shall happen to be difficult, being most cómonly concerning weighty affairs, & causes of great value; for few or none will undertake to meddle with them, when they shall perceive that they shall not be paid near to the worth of their pains. But in easy and petry Causes it is like to fall out that many will have great gains, and more than formerly, for doing little.  
And if some Proposals take effect (given out to be proposed concerning Paupers) are not Counsellors and Attorneys like to be troubled with many more Suits in form of poverty hereafter, than formerly they were? which will take up much of their employment.  
And are not Attorneys like to have much more trouble, turmoil, & travel in difficult cases, which are like to be put off from Trial, one day appointed after another, by reason no Provision is made for examination of Witnesses dwelling or residing in places far distant from the places of Trial▪ For which, if provision were made according to some Propositions formerly published in Print, great quiet would be in this Nation, and Trials abated, Perjuries seldom committed, and Verdicts found, and judgement given to the content of most, and at small charges: And yet such Attorney, unless he be (as it were) a slave to his Client, must restore all the money which he received (as is given out is proposed) which is like will cause all Attorneys of ability to be weary of, and forsake their practice in a short time, and leave the employment about such things off, to such as will deal as bad as Monopolising Attorneys that have bought their places, or crept into the same by Gratuities or Rewards have done, in betraying their Clients causes by reason of bribes, or Gratuities received of, or from the adverse party; which they frequently have practised: For if such Monopolising Attorneys be not waited or attended upon by the Suitor, their Solicitors Friends or Servants, they usually permit good causes to perish, and seldom or never have used to send to their Clients for to come to them, or send instructions to prevent any danger: so that upon the whole matter it may easily be perceived by any that look into, or inquire after the dealing of Monopolising Attorneys, that they are not only mere useless, but burdensome and mischievous in a Common wealth, as bad as Mice in a Barn, and if such should be in the new erected Courts (as some have said is proposed, others the contrary) as be in corporation Courts, they must be attended upon by the Suitors, their Servants, Friends, or Solicitors; which would better serve for that purpose, without any Monopolising Attorneys; but that all Attorneys in private men's causes, may be in general, and at large, in all Corporations and Courts of record, as by Law they anciently have, and now of right may, until they were injuriously hindered, debarred, and interrupted by buyers and sellers of attorneys places contrary to Law; for the judges of the superior Courts at Westminster, never debar any of ability of Attorneys in the Inferior Courts, to practise in the Superior, (such Judges knowing the Law) but the ignorant Judges of inferior Courts have been usually wrought upon by Monopolizers for rewards, to debar and exclude the learned and able Clerks, and Attorneys, from practising in the inferior Courts, which hath been the occasion of buying and selling men in such inferior Courts, and if such courses should continue, would they not then multiply? & if people see that they cannot have justice & Right, may it not be feared that they will go to Cutting and Slashing? And then how can it be expected, that after a small number of years, any Attorneys of understanding or ability are to be found, or heard of? And must not then all Suitors go first to Counsellors to have their Advice to their Causes stated in writing? Or can it be expected, that any Counsel will give his Advice (without the Case be so stated; or draw into writing any thing at all, where much pains is required) when he must take nothing for it? And who shall state such Case into writing if the Suitor be not of Knowledge, and Ability sufficient of himself to do it, when no Clerk or Attorney can be found to do the same? And if any Such should be found, how can it be imagined that he will do any such thing, if he may not be suffered to take any thing for it? and is not the Profession of a Clerk most troublesome of any, and greatest Trust and Care to be had therein? and of the Attorney nearest to it in that respect, and of the honest, learned, and painful Council next? and yet do not favourite Counsel, by favour of, and combination, and sharing with— take much for doing little, and sometimes nothing at all, or no Good at all for, but mischief to their Clients, and have they not many times taken great Fees, and done nothing for the same, but deceived their Clients? And when that such Clients have gone to such Council for their money again, have not such Counsel put them off and sent them to their Attorney, saying that they would speak with him about it? and durst any such Atrorney go to any such Counsel, upon any such occasion? And hath it not been usual with such favourite Council to find fault with any Declaration or Pleading at Trials and Assizes, in which they have not had their fees nor meddled with at first, and endeavoured to put their Client off after they have received Fees there, and very high, until another day of Trial or Assizes, and yet detain those Fees, when such Declaration and Pleading, hath been drawn and penned, well and better, and by far better Counsel than such Favourite, and is it not generally thought that such Favourite Council so use to do for their own only lucre, prejudicial to their Clients, and have they not prevailed with many Clients, and effected their purposes therein?  
And have not honest Council, Clerks, and Attorney, when there hath been only jealousy, suspicion, or report of dishonesty in them (though without cause or feigned) been scandalised & clouded for some time? And have not Ambodextry, etc. been connived at in some other Sorts (those thereby grieved and some others knowing thereof, not daring to call them in Question by reason of _____?)  
And will not such Suitors as be of Knowledge and judgement (being avaricious, cunning, and subtle, and unconscionably, and deceitfully bend) undo, grievously oppress and vex other quiet People deficient in those qualities, in wring many of their Estates from them without any just cause? And will not People then be constrained to follow their Suits in their proper persons, or by their Domestic and Menial Servants, Neighbours, or Friends? And will not then many good Counsel forbear pleading or speaking at Trials and Hear? etc. And will not then such cunning Suitors plead their own Causes, and wrangle and scold out honest and plaindealing and meaning men, and such Council as then will be had, out of many a good Cause? And will it not cause great trouble and charges to Suitors? And will not ignorant people then run headlong in unjust, intricate, and frivolous Suits (like a blind horse running his head against every Post, Wall, or other thing in his way, and many times into a River or Ditch?)  
Another (as is given out) is, That no Sergeant at, or Council of Law, shall take or accept any thing of any Client but only as followeth (that is to say) for subscribing his Opinion to a Case stated in writing, or for speaking at a Trial, or for making a Motion, ten shillings; for arguing a Demurrer or speaking at a Cause in Hearing in Chancery, twenty shillings.  
And where can Learned or Judicious Council or Sergeants at Law be obtained at such low rates, and will continue their parctise?  
And after the departure of those which be now of such; when will any other of the like be hereafter?  
Can any Imagine that any will be at the charge or trouble of such hard study to gain his living by practice, when sometimes he must wait, as is formerly proposed and published, before he can be heard a Motion?  
And can any learned Council afford for twenty shillings to study and draw in writing an Argument in Law, about which many times they have been a month, and sometimes more?  
And why should any be at the trouble of drawing or perusing, or amending of any Bill, Declaration, or Pleading in Law, of great length, and subscribing it, and be allowed but ten shillings for so doing? or drawing of Breviates of the like kind, and be allowed nothing for so doing, though they have been a whole or several days about it? Is it not the best, most conscionable, and equitable way, that without penalty, by Council, Clerk, or Attorney, they may take according to their Desert, or as much as the Client will willingly give, according as by the laudable Custom approved by our Ancestors for several ages they have used? And have not such as have transgressed therein undergone the penalty as Extortioners, and been prosecuted? And is there not sufficient provision in the Law already in force and use for it?  
And it is thought the more necessary and convenient, that this old way, the true Labourer to have his just hire, convenient to continue for the preservation of Learning, which otherwise will decay, and the way of true instruction of People in the Christian Religion, and the Law fall, and with it (which God forbidden) the quiet of this Nation, (which is doubted) will endanger the ruin and destruction of the People here.  
And if Council should be so restrained, would it not be an Occasion of the neglect of Learning and Study, and yet to do as some ignorant Lawyers, or Advocates do in the Country, where small Fees be allowed, in minding nothing, but contriving their own Gain, and not at all regarding their Clients good, in taking such small Fees for every single Question, and another such Fee for the same, if they forget the Resolution of such Councillor or Advocate in going out of his door, and returning again to ask of him the same Question? And how long together have any Nation where any such usage hath, or Self seeking men only have been (governing by Laws made on a sudden) continued in Quiet? And if Physicians should be so limited and constrained, would they regard their Patients, or leave them to beggarly Mountebank and Quacksalvers to perish under them?  
And if Counsellors, Attorneys, and Clerks, should (as anciently in the times of our Ancestors) receive according to their Deserts, as (after all such unlawful combinations and practices in Monopolizers abolished) they have used (many of them having deserved five pounds when others not five shillings, and yet have took much more for doing little, than the best Deserving have done for doing much) Then would not all manner of Learned and judicious Practisers, which attained to considerable Learning and judgement in the Law (few or none of which have been heard of to be other than Honest, or any Dishonest to bend their minds in studying for any such thing; for if those of such Profession, according to their respective Numbers, should not be (as they have been) more honest than any Professions of like Number, they would soon be found out, and by many Degrees sooner than any other of any other Profession, and be accounted the worst of Men) as formerly, willingly give Advice to some Clients (that is to say, such as have formerly gratified them according to their Deserts) without any Fee, Gratuity, or Reward whatsoever, ask, or accepting if tendered?  
And have not such learned and judicious Practizers almost always done so, when it hath not been like that the Client should have any Benefit in those things for which they have asked Advise? And will not such Counsel, Clerks and Attorneys thereby grow and proceed to be expert in the Law, as formerly, and be a means of preservation of the Ancient Laws of this Nation, being grounded at the first upon the Old and New Testaments? according to the Direction of Papa Eleutherius Bishop of Rome, to noble King Lucius of this Nation of Britain, and first Christian King in the World, in his Christian Epistle (in answer to the Message sent by King Lucius to him for the Roman Laws to govern the people of this Nation by) putting him in mind that when he was at Rome (where he was trained up in the Christian Religion during his youth, among the Christians of the Primitive Church, in the second Century after the passion of our Saviour) with his Christian Brethren there, he received the Old and New Testaments; advising him, that out of the same he & his People would take a Law to Govern by: intimating to him that thereby he should govern well, & that so long as he should govern well he was K. otherwise cease to be King. And after continued accordingly in the time of Constantine the Great, a Native and King of this Nation, and first Christian Emperor in the World; the Grounds of which Laws have ever since continued by Custom according to the Word of God, and so long always accounted good, but otherwise not good, and so adjudged from time to time: And when anciently any thing hath appeared to the Great Counsel here in their judgements (according to the Light which they had in those times) to be introduced into the Laws, contrary to, or dissenting from the Word of God, the same hath been abolished & rejected, and the Laws, according to their Abilities, amended and reform from time to time, and all things savouring of Heathenism rejected, and not all our Laws abrogated and laid aside, and New made on a sudden, which neither could nor can be suitable to the well being of this Nation in many years. And to alter or change Fundamental Laws here, on a sudden (excelling others, before corruptions crept in) may be dangerous to this Nation, which hath so long been well governed in Peace and Quiet beyond other Nations; may bring the People here to the same Condition as others, and subject to the same Calamity, and as much threatened to Ruin as Others, and therefore is it not convenient that the ancient and main Fundamentals of the Laws of this Nation agreeable to the Word of God may be preserved, and those things thereunto dissenting abrogated, to continue the same not only from being a Scandal, but that the same may be a Precedent to other Nations for their and our Union, for a perpetual Peace and quiet living of them and us in Amity, for their and our preservation in the Christian Religion against all Opposers whatsoever? For effecting whereof (omitting all which may stop, stay, smother or bury in obscurity any good things) hope is in the honourable the Committee of this present Parliament for consideration of the Proceed in the Law, etc. to perfect (after serious consideration and mature Deliberation had of things proposed in their Judgement necessary to be Enacted) before they present the same (with their many good things which (as is said) they have in readiness) to the Supreme Authority of this Nation, the Parliament of England (being few things new invented can be perfect at the first) that the same may remain as a Memorial until the coming of our Saviour Christ in Glory.  
And that as this Nation hath been honoured with the first Christian King & Emperor in the World, so it may with the true and purest Reformation of Christian Religion, and most quiet Government.   

A short Tract of TITHES, To whom Due, &c▪  
IN the Infancy of the Church after the Passion of our Saviour, till about the end of the lives of the Disciples and Apostles, all things were common among some 
* But that was only voluntary in times of great Tribulation of Christians, when they close adhered to the Apostles for advice and protection, and there is no Command for the continuance thereof, neither aught the same to be drawn into Example for any such purpose; since Christians have had the Government among themselves, and not under Heathenish Persecution: yet many unstable people in this Nation would have the same here put in practice, which convenient that those, who affect such practice, should collect themselves together, and repair to some unpeopled place fit for Plantation (of which there be sufficient in Number, and Goodness of Soil in many places, and to try their Conclusions there, that People may see whether or not any good will come of such do) and not to trouble, and perplex, and put the Nation here into a confusion; to which end, it is doubted many malevolent persons to the People here have set divers giddy people at work, and those malevolent persons are thought most fit to be sent, to or with such giddy People, Ranters, or Lubber-Landers into their Settlement and Government in their new Utopia, or Lubberland. For there be too many here already who (some through envy, others by sottishness) have obstructed the best Improvement of Lands and Grounds, by hindering necessary Enclosure for that purpose; whereby in some Counties a third, in others a half part of the benefit of Lands hath been hindered, and fewer People maintained, to the great prejudice of many, and in some measure to such envious and other Obstructors, which every Honest and Experienced man well knoweth, and others (who please) may well be informed of the Incoveniency thereof, by the Books concerning Husbandry writ by Mr. W. Blyth, and others before,  Christians, And in those times of the Infancy of the Church, had the Pastors, Ministers, Teachers, Preachers, and other Officers of the Church, and also the Poor of those, as good allowance as in those times could be afforded; and then no need was for the payment of any sort of Tithes, where such Usage was. And in the first three Centuries next following no Tithes were paid, but the Pastors, Teachers, Ministers, and Poor, maintained by Voluntary Contribution, (which cannot be denied by any who have been in any considerable manner read in Ecclesiastical History) nor by many for several Centuries after; Neither when such who have consented to the payment of the same, and they or others denied further to pay them; had they (who claimed them) any remedy for recovery or obtaining of the same, but only have frighted simple People with threars of the Curse of Bell, Book and Candle, to pay Tithes; Nor ever had the Priests any strong Obligation to bind any to such payment to any particular Priest, but that they might pay the same to any Priest; until the Pope and his Counsellors in the second Counsel of Lateran (being in the time of the Reign of K. John of England) made a Decree for the paying Tithes to the parochial Priests. And yet many Portions of Tithes remained to be paid, and were paid by owners of Lands in some Peculiar places to Priests residing in other parishes, some of which remain to this day: And besides, Tithes within this Nation have been possessed, given, rendered, and paid in various manner, as appeareth by the History of 
* Possessors, and Owners of Tithes in this Nation, were sometimes the Kings or Princes here, at other times the Arch-Bishops in their Jurisdictions, at other times the Bishops all over their respective Dioceses, and these were out of those Tithes to provide a competent Maintenance for every Parson, or Incumbent, and to distribute the residue among the poor: And sometimes the Lords of the Manners have held some of them in their hands, and have presented fit Parsons, or Incumbents to Parsonages from time to time: And at other times some Owners of Lands have made some Tithes Fewdall or Infeodations by granting the same to other Laymen: Or have given the same from time to time, into, or for Free-Almes or Frankalmoygne, or to or for Superstitious uses to pray for the souls of them, and sometimes for their Parents, Children, or some of their kindred, and such like Fopperies. And some have been so besotted that they have granted some Tithes to Monasteries in one Nation issuing out of Lands in another; but none such can be found to be paid out of any Lands in this Nation to any Monasteries in any other, nor any, or but few Fewdall or Infeodated Tithes can be found here. See the History of Tithes, and Review thereof, written by Mr. John Selden.  Tithes, against which much hath been written. And although nothing be urged in that History against the Divine Right of giving, rendering, or paying Tithes any other ways, but only a Commemoration how, to whom, and to what uses they have been so given, rendered, or paid from time to time, in the several Ages, Nations, and Places therein mentioned; by 
* Sir Fa. Sempell, Dr. Ti●sl●y Ri. Mountagu.  which any man may ground his Opinion of the justness of paying tithe to any, or for any use, as it shall please God to enlighten him in his Judgement; yet * divers have written for the payment of the same to be due by Divine Right; And many small Tracts have been written for the payment of the same to Impropriators, as conscientious, 
* See some of the small Pamphlets, which within these 7 or 8 years have been scattered abroad: how some in a barking, and others in a whining way have written for the same, and thereby run into Nonsense, and lost themselves in the Briers and Brambles of Inconveniencies.  although the same hath been found quite contrary to all Reason, and Conscience. And in the judgements of most honest men, against, or for the damning of which payment to Impropriators, or any other besides the Clergy, a Priest (who hath written against that History hath much laboured, 
* And barked loudest to cry it down, using very many vain words and expressions to disparage the same History, by reason of the favour which he expected of one, bearing his name, then in high place, whom he boasted to be of very noble Birth, and of great Learning and Religion, but whether or not the last be true, hath appeared by the works or deeds of his bragged of namesake, whose Learning also (in any thing, but only for unlawful gains in causes which have come before him) hath been much suspected; by his gaining of which, many have been much damnified; for whom it is hoped satisfaction shall be had out of his illgotten Estate which he had; and as for all that which in his name is published in print, concerning any goodness, it is thought to be done by others, (at his request) or stolen, or borrowed from others; the expressions therein being contrary to his Actions; but by those means that Priest was exalted into a Bishopric, though he run into, and lost himself in a Labyrinth, in his giddy writing concerning the Duty of paying of tithe by Divine Right: which (in the opinions of conscientious and Judicious men) hath not at all diminished, but fortified the worth of that History to remain as a Memorial for the honest people of this Nation, to learn how to know from time to time the ancient Manners of Tithing, and Maintenance of the Ministers and Poor; which History for the benefit of this Nation (being it could not be collected without great trouble, study, labour, and pains, and much charges) is thought by the honest and judicious people of this Nation) who have read or been informed of the contents thereof) convenient to be preserved. See that History and the Diatribe against it.  and shown many strong Reasons against the payment of tithe to Impropriators; and hath, as other Divines besides have, branded the Exactors thereof as Sacrilegious, and Church Robbers; so that upon the whole matter it appeareth, that he who had, or held Tithes, was bounden to, as a duty to have, or procure to be had the Care of Souls, and relieve the poor, or one of them, according to the worth of such tithe, which was as an Office; the non using or misusing of Offices according to Trust, having been always accounted and have been adjudged forfeiture thereof, and agreeable to Right reason; therefore if such Misuser, Non-user, or Dis-user happen, may not every owner of Lands keep the Tithes thereof in his own hands to pay for his instruction in his Soul's health, and of his Family, and to plead the matter thereof in Bar, or give the same in Evidence against any who shall sue or prosecute for tithe, or not perform; or procure some other to perform such duty? And why should not such Plea, or Matter to be given in Evidence be allowed for a perpetual bar against the payment of Tithes in such Case?  
And yet such undeserving Tith-takers, or Patrons, or Disposers of them, most commonly have kept or maintained Dove-houses or Pidgeon-houses; and with their Pigeons therein devoured much of the Corn of their Parishioners, and formerly did very much labour to debar all others besides themselves from having any such Dove-houses or Pidgeon-houses, until above twenty years since, the matter concerning the same upon solemn debate was adjudged, That any Freeholder might have and maintain Dove-houses or Pidgeon-houses as well as such Tith-takers, or Disposers, or Patrons of them, since which time Pigeons (being greater devourers of Corn than any sort of Vermin, especially of Wheat and white Pease) have not only devoured much Corn, but spoiled much more in bearing and beating the same down 
* To the destruction thereof, and moreover the Priests have been the chief obstructors of improvement of Lands in commencing and threatening chargeable and troublesome futes against poor laborious men, and they causing them to Plough errable Lands so long, and put the same out of heart, that after the tithe exacted out of them, such poor labourers have not had increase answerable to their labour and seed, though they have paid no Rent for their Lands, and at other times they have not had their seed again, and by such means many poor undone, and much Land spoilt for many years together, to satisfy the greedy appetite of such Tith-takers, and thereby many people constrained to work so hard for a poor living, that they scarce have had any time to eat, drink, or sleep at quiet, or had any time for devotion, but have fretted themselves to meagerness, cursing and banning not only their poor Cattles, but also their dead Ploughs. Harrows and Carts, divers of whom hath continued so to their ends, and died in a doubtful condition of their saltation, after by sottishness they have wrought out of heart and spoilt much Land for many years. ; And after the Priests or Monaches had by craft and subtlety (among their great possessions) crept into very many of the best Lordships and Manors, the ancient Lords whereof formerly (before such Monches got in) have presented and procured to be put into Benefices, Teachers and Preachers of the Christian Religion, Devout, and very good Pastors, Honest, Able, and Conscientious Christians to teach the people (as the dark times than could afford) but after the Abbey-lubbers had gotten into those possessions they starved the ignorant people for want of spiritual food, only putting in a poor Sir John the Priest to say Mass at such Parish for a small Salary of 20 Nobles a year, and sometimes less, and to Riddle up the same in the Latin Language by Rote, which neither he nor his Auditors or Spectators did or could understand, only about three or four times in a year, such Monaches have sent out a Franciscan or Dominican to Preach the Common-people into the besotted imaginary opinion of Purgatory, and duty of paying of tithe, and such like errors, and obedience of their Papal Doctrine, for increase of the Riches of the Clergy, with a direful Curse denounced against them which should not obey them, of Hell and Damnation. But as for the Tithes of every Parish so gained into their Clutches or Talons (being of great value) they took to their own uses and appropriated the same to their Denns of 
* Although at the first gaining of such they were charitable to the Poor of the Parish of which they had so appropriated the tithe, but when they began to be lazy and idle, their Charity waxed so cold, that they neglected the Needy, and entertained out of their abundance the Rich to gain their favour, sometimes by feasting them in a Gluttonous manner.  Idleness, to feed them fat for the slaughter of the Devil.  
And so were such Tithes stolen by such Abby-lubbers from the true Labourers in the Harvest of the Conversion of sinners, and Instructing them in Righteousness, and annexed to their stately Palaces for maintenance of their Pride and Lust, in the height of which, by the just judgement of God they fell and were dissolved; And after that King Henry the eighth had taken the Abbeys and other Monasteries into his hands, the same and Tithes so Appropriated were by him, some parcels, and the residue otherwise, given, and some sold to, and exchanged with Corporations or Colleges, Lords, Great men, and o●hers, at as low rates as Thiefs stolen goods use to be sold for, in respect of what was p●id or exchanged for them, and after the Tithes so appropriated, or annexed have been so given, sold, exchanged, or bartered away, the same have been, and yet are called from the Names of Appropriations, Impropriations, and have been departed with from time to time, far more often than any Manor, Message, Lands, and Tenements, for very little, (regarding what other Lands and Tenements have gone for for many years) and never were Rated in value of Purchase near to the Price of other Lands, and rare it hath been for an eminent Lawyer to purchase Tithe. And they who have held any of such Tithes long, have seldom prospered, but most commonly betook themselves to Idleness and Lust; and the holding of the same hath been as it were a rust or Cancer, in causing of divers (who have had other gre●t possessions) although some of them at their first possessing of the same (they always entering upon them as good bargains) have been Charitable, but (as before is mentioned, for the most part) have soon left off Charity, to Negligence, Gluttony, Drunkenness and other Wickedness) to waste and consume all or a great part thereof; and in some Corporations or Colleges, and such like places, (with which some of the same have been held) those persons therein Living upon the same, thereby have been so full fed, that they have betook themselves to Idleness and lasciviousness, and in some of them to the most Abominable, Odious, Beastly, Unnatural and Cursed sin of Sodom 
* An example for this of many in Eminent Colleges, now forborn to be named.  And yet, some have desired the continuance of the same, as the most equal way for the Comfortable Maintenance of a Godly and conscientious Ministry, although it hath appeared that the same hath gone to the Maintenance of Caterpillars and Locusts, as bad as the Abbey-lubbers or Drones before mentioned; and the Poor Vicars (divers of whom have been very honest, and written, and published pious and learned Books, and took most pains in the Gospel,) lived very poorly, and some of them in great want, notwithstanding all their care taken for the feeding of their Flocks, when such Locusts and Caterpillars have out of their fat Benefices betook themselves principally to Drunkenness, Beastliness, Sottishness, and Idleness, and yet Domineered, and Tyranized over such poor Vicars, having been as diligent as Saint Cyprian, and other ancient Fathers of the Church, (who lived in Poor, Wattled Cottages, and fed sometimes only upon Pulse) before Poison was put into the Church by large allowances, which began to multiply (together with Pontifical Titles) about the time of Phocas the Adulterer and Usurper (who Murdered his Master Mauritius the Emperor, his Empress, and Children, and by the help of Boniface the third, then Bishop of Rome, in gratifying him as a Pontifex, Universal Chief Bishop, supreme above all other, equal with Rome before, and generally the whole Clergy with large allowances) obtained the Empire, and reigned like a Murderer, as did his Successors after him (by one of whom himself, his Wife and Children were slain) until by the Popes they were outwitted, and Outed of their Regal Power in Rome, who after did the like or worse (using not only all fraudulent dealing, but Sodomy and Sorcery) and by those means about the same time did Tithes generally begin to be paid, but not to the Parochial Priests, until the time of King John before mentioned, (being hundreds of years after) which have continued so long in such manner, that some (not very knowing, we will not say altogether ignorant) have Idolised the same so far that they have cried them up to be due (by Divine Right) and admitted of the claim of them from the Levites, among whose Tribe out of those, besides Priests, as Namely the holy Butchers for killing and dressing of the Sacrifice fit for the Altar, the holy Wood mongers for provision of Wood about the same, and the holy Porters for bearing the Ark, for none other but men then being or accounted holy might meddle with such things, besides others which in the written word of God, any (who have read and desire the understanding of the same) may with ease understand; for the maintenance of which there is no warrant; for there was a particular command from God for payment of tithe to that Tribe, and none for the payment of any such thing to any since; and by what right any one can claim the same, they seek far to find it to be due by Divine Right, and others have been so simple, as to derive the payment of the same from the payment of Tithes by Abraham to Melchisedeck, which can be made appear or thought none other than a voluntary gift, to one that in those times some ways (though not revealed) had a right to, or deserved the same for some good deed done; and it cannot be imagined any other, than that the same, if not so given, was only a Gratuity or deed of Charity by our Father Abraham, or that he had a secret command from the Almighty for rendering the same as to the Priest of the most high God: but cannot with Equity or any solid judgement be drawn into example to be paid to Drones, or Locusts, in these times of their permission in several places. And for maintenance of the same, divers (when they have been convinced in the bygone things before mentioned) have been of such affectionate Opinion, or so seemed, or made show, as to say and divulge, that although the same should be taken from errable Lands, and such like places, where much labour and travel hath been in Ploughing, Sowing, Manuring, and buying of Compost or Manure, and Rent, and otherways, and consideration had of their one only considerable Crop in 3 years, (against exacting of Tithes, out of which divers have complained and Petitioned) yet would not that be beneficial to any poor Countrymen (who have taken or shall take such Labour, Travel, and Pains, and be at such Charges) but that only the benefit would redound to the Purchasers and Landlords, in the rise and improvement of Rents or otherways, which every conscientious & judicious man knoweth to be otherwise) for can any man imagine that such Heathenism is intended, or any other thing, but that there shall be a Competent Maintenance for a Godly and Conscientious Ministry, and is not that most convenient to be imposed upon such things which use to be Tithable? and what cause then can there be of increase of Rents? but that something (accounting one thing with the other equivalent to Tithes) should go out of the same and otherwise for good purposes, and not for the maintenance of Locusts and Caterpillars; for if the people and their Children should depend only for their Teaching and Instructing upon such Tith-takers, as for the most part have been, (they having been accounted the most vicious of any sort of men, according to the respective Numbers) they may be as ignorant as any Heathens for aught any of them have had or could have of such Locusts or Caterpillars, for such (as have been intent and desirous to be instructed in true Holiness and Righteousness, and have thirsted after the way of Salvation) have been constrained (according to their respective Abilities) to contribute towards Maintenance of Godly, Conscientious, and sincere men, Learned in the Written Word of God, to instruct them in that way, and those who have received Tithes have not benefitted them at all, but have wasted, consumed, and employed the same in such courses above mentioned, which they have practised and misspent the same, as bad as the Heathenish Priests (who before received Tithes) and sacrificed to Devils, Idols, and Oracles. 
* See the History before mentioned.   
And further, as for the loss of Such who may be damnified by the taking away of Tithes, that is like to be the loss for the most part of such, by whom and their Ancestors they have been long enjoyed, and therefore such in Equity ought to expect little or nothing for foregoing the same, in respect of the low Rates which they have paid for them at the first, regard being had to the great profit which they have received by the same, far beyond the profits of any other Lands purchased; and if any who have purchased the same, since the written word of God hath shined in a more bright manner to us, than in other former dark times of ignorance, they deserve to bear the loss in foregoing thereof, for not endeavouring the knowledge of the Scripture, and thereby by what Right any tithe can be claimed, the loss of which may more benefit those as now hold the same, or that hereafter shall purchase any of them, for their Soul's health (in searching the Scripture concerning the same) and so to be brought to true Christianity, in the reading the written Word of God with serious deliberation, than the loss which they shall receive in departing with such Tithes; for how can they think that in Law or Conscience they may expect the same, when they cannot find them to be due by Divine Right, but crept into as aforesaid, by Craft, Subtilty, and Deceit? And how may Tithes be required, seeing their foundation is so sandy, as before is mentioned, if the same were put upon solemn Debate, by Argument of Learned and Conscientious Counsel, and Mature deliberation thereupon had is a great question; and thought by many that their foundation would sink or slide away (the same to this day never having been tried by such a touchstone) but as is thought our Ancestors (coming out of the dark Clouds of Anti-christ, and but newly peeping into the light) could not conveniently on a sudden consider of another way more equal and convenient, for the maintenance of a Godly Ministry to be settled on, and satisfied to them without care or trouble of Collections, or tedious Suits to obtain the same? for since those times the Ministry hath for a great part happened to be of such Drones, Locusts, or Caterpillars, who for getting in of Tithes have commenced, Prosecuted, and Stirred up much trouble, and many Chargeable and Tedious Suits, and divers of them very Unjust (whereby many poor honest people have been undone) and neglected their duties and Callings; which Mischiefs and Inconveniences would be prevented if every one respectively (according to his Ability) may be taxed to the Competent Maintenance (regarding desert) of Pastors, and Teachers, that the greatest burden may not lie upon the Poorer or Meaner sort, and the Usurer, or Rich bear a Feather, respecting the Weighty burden lying upon those, comparing their Estates together, all which would be remedied, if all persons should be taxed equally and respectively for such Maintenance, as for other things, and that if such Maintenance should be competent, and according to the deserts of such Pastors, Ministers, or Teachers, than would their Congregations be better Taught, and lead out of Blindness, Ignorance, Heresy, and Heathenism. And as for Custom, by which some Challenge Tithes to be due, how can that stand? And if the Original thereof be searched into, may it not be found by Record when the same began 
* See the History first mentioned, and Sr. E. Cook his Commentaries. , and then there it may be found how slender the ground thereof is; and besides, if the contrary thereof could not be found, being the Custom (as to those of such ill lives and conversation, before mentioned, who have had an exacted the same) is dissenting from the Word of God; and so consequently not good therefore in Law, Right, Reason, and Conscience to be abolished; and why may not Purchasers of Lands hold the same without paying tithe with a safe Conscience, though great benefit accrue thereby, in respect that then (not doubt) it will be provided, that every one should be taxed equally, to the Maintenance of a Godly and Conscientious Ministry of Pastors and Teachers, and they truly to be satisfied the same without trouble, or substraction, as hath been too often used by many Haethenish, Hypocritical, and Atheistical people from many Vicars, by craft and subtlety, by putting them upon, and leaving them to stuntling, or Starveling Calves, Lambs, and Pigs, addle Eggs, and Wormeaten, and Wasp-eaten, rotten Windfalls or other fall of Apples, and such like Trash? and those Heathenish, Hypocritical, and Atheistical Substractors have took no regard of the fearful end of Ananias and Saphira.  
And also in regard such Purchase may on a sudden by Fire, Inundation, or otherwise be ruined or wasted by accident, or the Purchasers thereof cheated in a Cracked Title, by reason of former Dormant Sales, or otherwise, or after by Enemies, Thiefs, Woolves, Foxes, Weasels, Polecats, Rats, or Mice, etc. entered upon, and haunted, and great spoil by them made there, before the Purchasers can thence rid the same, of all which the Purchasers must bear the loss, and why not the benefit of Improvement or other beneficial Contingencies after the riddance of those, and all manner of other Vermin from the same?  
But it is to be doubted, that many great men of Wealth, or otherwise of Power and Subtlety have been, and are the greatest Sticklers in upholding the exactions of Tithes, by reason they have grasped great Possessions and Inheritances, and Leases of Impropriations into their hands, and therefore much argued and discoursed for, and made great means about upholding the same, and caused others ignorant to be beguiled into obedience, and divers simple to be of opinion of the duty thereof by Divine Right: And such have been the Obstructors of ridding this Common-weal of the most subtle of those Vermin. [* The before mentioned Tith-takers.] And that hath been the occasion of depraved Lords of Manors (wanting the true knowledge and power of Godliness) for secret Rewards (or, as they may be more fitly be called Simony or Bribes) for the most part to present and procure into Benefices ignorant Parsons, of bad life and conversation, who have entered into the same by Perjury or false Oaths, and lived in the same for many years together, and the Inhabitants of the Parish received no benefit, but mischief by them, in keeping them in Ignorance, & preaching false Doctrine and Heresy; and railing and scolding (those seldom times they have prated in the Pulpit) and giving evil example by their Cursing and Swearing, and Whoredom, Gluttony, or Drunkenness, undoing some of their Neighbours by unjust Suits, and vexing others of them, sometimes for substraction, or supposal of withholding of very small things, as with the not rendering of two Eggs, or such like, or other Trifles, whereby such as have been no better taught and instructed; than by such like Parsons, have been no better than mere Infidels: And many such Bribing, and Symonizing, and Perjured, or Forsworn Parsons, (who have been Avaricious and Ambitious) from time to time have gotten to be Doctors, Deans, etc. and into places of great profit, and by that means soared to a Bishop, and sometimes higher, and by those means gained power, that none should Preach, but by their permission, and also be derived from them as they themselves from Age to Age, one of them from another, which they can draw from none but the Pope in the Original, to go on successively as they claim their call; and that can be proved only as well as the Pope is Supreme of the Church, or that he is the successor of Peter, or that he was ever at Rome; Or whether Linus or Clement was his immediate successor, or Cletus or Anacletus or one of them, about which much Debate hath been between the papals (among whom the claim of Tithes were first hatched, as they of late have been paid. And such Bribing and Symonizing Parsons as before mentioned, with their Associates and Adherents, had gained such power (which they had an endeavour to continue) that the people (by themselves or their Representatives) should have no Election of Pastors, Ministers, or Teachers, but what should be imposed by them, and went about to prove it to be due to them by Divine Right, and to none other: which they can, or did as well prove as the succession of the Pope from Peter, or they theirs from the Pope, whose Authority, (as appeareth by Record in the Tower) was from hence banished in the time of K. E. 3. therefore let those who can, show when the same was brought hither since; the superiors of whom notwithstanding have assayed utterly to keep the poor People in Ignorance, and to debar them from having any hand in Election of any whom they should be constrained to maitain for their spiritual Instruction, but to assess such upon them (whom they should be compelled to maintain, or pay Tithes to) who neither should or could any more benefit them than Monopolising Counsellors, or Advocates, or Attorneys, or Proctors 
* Which go for, and be but Servants to their Clients, and yet have been in Chancery, Civil Cerporation, and suchlike Courts by the chief Monopolizers there assessed or imposed upon Clients, and they constrained to pay them Fees and other great Rewards or Bribes, or to sit still and lose the benefit of their Suces, Moneys, and Demands to great value, whereby many have been undone, and divers much impoverished. , their Clients: which courses have proved Mischievous to many, and is accounted no better, then if a Servant should be imposed or assessed upon a Master to keep, and pay wages unto, although he should know that such Servant could, or would do unto such his Master little or no service, but to be vehemently suspected to cut his Throat, or do him other mischief, when he could have an opportunity for that purpose, and such Master to be constrained to a continual Vigilancy (for the prevention thereof) and not only to pay, but pray, scrape legs, and stand Cap in Hand to his Servant, to have his business done, or to have the same left undone, and thereby the Master utterly ruined.  
To the end therefore that Learning may be preserved for the necessary Quiet of this Nation, and that Tithes (being accounted the most unequal way for maintenance of the Ministry, the greatest part thereof having been taken by Undeservers, and the same falling most heavy upon the poor, honest, painful Husbandman, many times happening to sweep away a third part, and sometimes more of the Fruit of his Labour, and divers times All, and sometimes more than All, out of his errable Land) may be taken away and abolished.  

1 It is wished that a Law might be made, that hereafter no Tithes may be exacted, or received by any; but that all people may be quiet and freed from giving, rendering, or paying, any manner of Tithes from henceforth.  
2 And that all persons may be taxed in every Parish equally, according to their respective Estates, for the Maintenance of a Godly, Solid, and Conscientious Ministry.  
3 And that such Maintenance may be competent 
* It is thought 100 li. by the year to be little enough for the meanest Minister; and 300 or 400 li. a year for Provision of Books, and other Necessaries for Such as shall be to study in Controversies, or Disputations; or to argue, or dispute for the Maintenance of the true Christian Religion in this Nation against the Opposers thereof.  for every Minister of every respective Parish, and Place thereunto to be annexed (for small Parishes) according to the Number of People there.  
4 And that such Tax may be in like manner as for the Poor, and the same Remedy for it by distress and Sale thereof, imprisonment of the Body, and all other means, and that the money thereby received may be rendered unto him without trouble or charge; or himdering him from his Study and Care.   
So that every Minister may with willingness, cheerfulness, joy, and delight, attend, as necessity or occasion happens, to go from House to House to visit, instruct, and comfort, the Sick and Weak, and to follow the residue of his Calling in Preaching to, Instructing, and Teaching his Parishioners to repent of and avoid (according to their best endeavours) all manner of wickedness, with Courage, that the Power of Godliness may take Root in, and work upon them; and they not delude or solace themselves in vain terrestrial Riches 
* Injuriously by forged or feigned Cavillations, without desert, exacted out of the Estates of the Poor, and Others, in which they cannot have any true or real Joy or Comfort, or their Children after them in this life; but the same will rather be a Means to draw them into Wickedness, and therein most commonly departed this Life in a doubtful Condition; And divers of themselves (which make wealth their God, though some of them may conceal it from Public view by their Hypocrisy) be in as miserable Condition as Francis Spira, of whose fearful End any (who desire) may be fully informed by Learned and Godly Divines: The sin of Avarice being the most difficult to be repent of, and rarely atteined to; in the repentance of all other Sins Spira went far: but although he made large acknowledgement of all his evill-gotten Goods, yet could neither he, nor many more abate or diminish from the Camel of Avarice, and creep through the Ey of the Needle of Restitution, as far as Ability of knowing, fraudulent gained Estates to the true Owners, (without which those Divines can more fully relate the Judgement of the ancient Orthodox Fathers of the Church, as of their own, of the falling short of unfeigned Repentance, none other being effectual) and thereby be contented with their well-gotten Goods (wherewith God will furnish those that trust in him, and observe his Commandments, for sufficient and competent Maintenance) and then they shall be in Heart rich enough, and better satisfied in their minds, than those that gain Riches in any unconscionable way (to work themselves into terrene Wonder, Admiration, or Vain Glory) of whom none other can be imagined but Atheism, whatsoever their outward/ profession be. , Honour, or Greatness, as a King in a Comedy, or as the great Heathenish Kings and Emperors, with their 
* Nimrod, Ninus, Croesus, Alexander the Great, Julius Caesar, etc. in their Magnificence and Wealth, and especially Croesus in his inestimable Wealth hoarded up, and Caesar in his invaluable Treasure, (enough to purchase all the Estates of a whole Nation) suddenly seized upon in the Capitol at Rome, with which he shortly after departed.  imaginary Conceit (by the old Romans of future Bliss in the Elysian Fields; Or of the Mahometan, Saracens, and Turks, in their conceited Paradise after this life 
* With Rivers and Streams flowing with Milk, Oil, and delightful Waters, etc. and Women of the fairest and most choice Beauty to continue as in the Prime of their years, and other Fopperies. ;) But that the People of this Nation may by the (Preaching, Instructing, and Teaching of such Ministers) be brought into the Knowledge and Practice of, and Continuance in, (with delight) the true Christian Religion, and the way of walking in a Godly Life and Conversation; that they may grow in Grace and Righteousness more and more unto the Day of Judgement; And set their Minds principally upon doing the good pleasure of God, wherein they shall have much joy (if they do it really) and have the principal Comfort in this Life of all, of Assurance of Salvation, and the enjoyment of the unspeak-able and incomprehensible (in humane Capacity) joys of Heaven, where every Saint's joy shall be full, with our Saviour and his Righteous Servants in the Celestial Kingdom, according to the Decree of the living God, which was, is, and ever will be, from and to all Eternity.  
FINIS.