A SECOND SUPPLY To the Draft of a great Act or Cystem, concerning the Regulation of the LAW.  
OR, A fall of above twenty nine in thirty writs of Error: And of nine parts in ten of the charge, in those after to be necessary: And a prevention of Delays, Inconveniencies, and mischiefs in future, which formerly have happened by such Writs: In order to the saving yearly to the people many thousands of pounds, part of the several Millions and odd of pounds by the Anti-Levellers Antidote mentioned to be saved.  
WITH A short Justification of the funeral of tithes of Impropriators and Symonists, &c.  
rejoined unto by an angry Pamphlet, entitled, A Vindication of a short Treatise of tithes, &c.  
Published by those who published the funeral, &c.  
FOrasmuch as very many Writs of Error have been brought and prosecuted by divers unconscionable and turbulent persons, merely for delay of Execution, upon divers Judgments and Recoveries, which for just and due Debts and demands they have known have been recovered and obtained against them, and have by Combination with Town-Clerks and Stewards, and other Officers of Courts, procured the Records thereof; with very many Continual 〈◇〉, and other unnecessary things to be returned with, and upon the return of such Writs of Error, after that the prosecutors of such Writs have caused delay of the Executions of such Judgements or Recoveries, sometimes by one, two, or three Renuings of such Writs of Error, contrived by Officers for their own onely gains, by means whereof divers and sundry Plaintiffs and Demandants, and Recoverers of Judgments and Recoveries, have been at more charge to repair to superior Courts, to which such Records have been sent or removed, then the matter therein recovered hath been worth, though such prosecutors before mentioned, of such Writs of Error, sometimes have been at double, other times treble so much, rather then they would or have paid, that( which in conscience they have known) they ought to have paid.  
And whereas the Matter upon many of such perquisites of Error after the return thereof into superior Courts, hath there long depended before the same have been determined, and much trouble and charge hath been about the same in some of them, more then the thing recovered hath been of value, which chiefly hath been occasioned by Contrivances of extorting and exacting Officers for their filthy lucre.  
And whereas in ancient times Writts of Error( as appears by the form thereof, in the Register Book of Writts) were made out upon the Complaint of the Parties grieved by any erroneous Judgement, or Recovery, and were drawn by the Learned Master Clerks of the Chancery, till by them a form was contrived for many of those perquisites: And now of late Those of them which have been ordinary Writt or perquisites of course have been made of course by Cursitors, and all those( which since those ancient Times have been special) have been drawn and contrived by learned counsel and Clerks, and copies thereof delivered to Cursitors to make, who have not only taken so much as in competency hath been sufficient for the drawing thereof, but also as much more as the Prosecutors of the same have paid for drawing and contriving thereof, to those who could draw and have drawn those special Writts, whereby the Prosecutors of such perquisites have been put to double charge to pay unto the Undeserving and Ignorant more then to the deserving, Diligent, and Learned.  
For Remedy whereof, it is wished to be desired that it may be provided.  
That hereafter no stay of Execution shall be by reason of any Writt of Error above six weeks next after my Judgement shall be given, or Recovery had, unless the Prosecutor or Prosecutors of such writs, do set down and express plainly in writing the Tenor of the whole Record of such Iudgement or Recovery, or so much thereof, wherein he, Shee, or they, do or shall show the Error or Errors to be, in the manner and form of a Suggestion, or a Bill or Complaint, without vain Recitalls or Repetitions of vain and frivolous continuances or other things, wherein no Error be, or shall be shewed or assigned.  
And that no writ of Supersedeas, upon any Writ of Error hereafter shall be made, until such Suggestion, Bill, or Complaint be, or shall be so drawn, and Error or Errors set down or expressed as far, and as many, as the Prosecutor, or Prosecutors in such Writ do, will or shall insist upon; and the same be, or shall be signed under the hand of one or more of the Iudges or Iustices of the Court proper to reform, or correct such Errors or, false judgements, and to reverse or affirm such Iudgement or Recovery( expressing therein by such judge or Iustice, that he conceiveth Error to be in some part thereof.  
And that mediately after any Defendant in such Writ of Error, door shall hear of such Errors assigned, he, Shee, or They may pled to the same, and after issue joined thereupon, either upon such Record or Tenor thereof, the Judges or Justices of such Court, shall and may proceed to the affirming, or reversal of such Judgement, or Recovery only, upon those Errors so assigned, o● shewed, or to be assigned or shewed, and none other; and award and make out writs of Execution or Restitution accordingly.  
And that after such Suggestion, Bill, or Complaint be or shall be so signed by such Judge or Justice, any counsel or Clerk who can and will at the cheapest Rate, may make such writ of Error.  
At that immediately after the making thereof, the same with the said Suggestion, Bill, or complaint, shall be delivered into the Court, proper to hear and determine the same, together also with a true Copy thereof for the Defendant or Defendants, who do or shall appear to the same.  
And that instantly after such Defendant or Defendants do or shall appear, and pled or Answer to the same he, Shee, or they shall leave for the Prosecutor or Prosecutors of such Writt, a true copy of such plea or Answer in the same Court.  
If thus, or in this Manner, and a Paper called an Abatement of Motions and Orders, &c. formerly published, it should be Provided, then neither would, or could such Infinits of appeals be, as inevitably would happen; in case such appeals( as in the said Court, Act, or system is expressed) should fall out to be enacted.  
And besides many People by such Writts of Error, would be righted, in Causes, which amount not to above the value of 10. l. 20. l. or 30. l. always falling out to be very many and more then all others; wherein they would by the Cystem, if Writs of Errors should be quiter taken away, as is mentioned in that Cystem; every one thereby( who shall bring such writs of Error) being first enjoined to leave ten pound in the Registers Office of the Chancery, which many people neither are, or are like to be able to do; but must be constrained to undergo any wrong Carriage in their Cause, by reason of their Inability to seek relief therein: Therefore such appeals are like to endanger a great Outcry among them.  

A stort Justification of the funeral of tithes, &c.  
HAving within two or three dayes last past happened upon a Pamphlet, called A Vindication of a short Treatise of tithes; excepted against the funeral of simony, Impropriations and tithes, being scattered abroad lately fince the last Trinity term, in the nature of a rejoinder, to a Reply of ours, to an other Pamphlet called a Treatise of tithes, touching angrily, and snatching at, by way of Answer, to a small Tract of tithes of Friends of us, only catching hold at some things in it to undervalue the same; and leaping over the most material things in it; Wee have thought it convenient to sur-reioyne to that rejoinder, and by way of Sur-reioynder do say to the Matters of that rejoinder: Fist as to that matter where he saith, that it is said, that we in our Reply say, that there is not any of the learned histories, but question the duty of payment of Tithes; as is true they have said, to such as of late have taken the same: which one of those histories hath branded, as sacrilegious and Church Robbers, and so it is, as he might have found in the Tract, pag. 31. 32 and to that which the party reioyning saith, that he who saith, the Labourer is worthy of his hire, and thou shalt not muzzle the ox that treadeth out the Corno; we say that such Tyth-takers as the Tract and our Reply speak of, that is to say, the Impropriators be not any such, as so labour, but as they be at large expressed in the Tract pag. 30, 31, 32, and rather tread the corn into the mire, then do any good, and therefore such unprofitable cattle ought to be muzzled. And therefore the Reioynant had better for himself have forborn that Assertion; for which( when his Clients the Impropriators shall come to understand it) they will not commend him for the same, being it maketh clearly against them? And the party reioning saith, that the Writers say, that it is the Rise, the part and Manner of payment that troubles them all; which true is, and very well they may, by reason of the great and excessive parts of the poor Husband-mans corn; which the moddern tithe takers, especially the Impropriators for doing no good, have swept away, as is it at large expressed in the Tract, p. 36. And the rejoinder further saith. That it is not a tithe, or portion thereof to be due unto the Minister, that troubles those, that have written of that subject, by which word Portion may be observed, that the 〈…〉 of tithes, different from ours in these moddern Times; therefore by his own confession, how in reason can he desire that the payment thereof should continue as it hath done? But the party Reioyning is so subtle as to join the Ministers with the Impropriators. And because we aclowledge they aclowledge they have been due to the Ministers rather then the Impropriators, and that a competent Allowance ought in conscience and Reason to be allowed to the learned and Godly Ministers. He bringeth the same for the vindicating the payment of tithe to Impropriators: which whether any of the learned or Godly Ministry have cause to give him thanks for, any reasonable man may Judge: And besides it may be observed all along in the Treatise, and Vindication, how injuriously they would make the Ministers( as it were) a stalking horse for their further help to uphold their beloved Avarice of tithes without desert. And where in the rejoinder he saith, that the reply doth condemn the Appropriators for the detaining the Tenth and tithes, as they are paid in his Nation; which well it may, as it saith, it doth the Impropriators, for their Predecessors the Appropriators were in respect of tithes to afford sufficient maintenance for the Vicar and poor as is said in the Tract 36. and Reply, and as is enacted 15. R. 2.2.6.4 H. 4.12.  
And King H. the 8. had them no otherwise then the Abbots and Monaches, &c. the Appropriators had the same, as any may see in the Statutes of King H. 8. concerning the same. And we deny them to have come to the Impropriators any otherways by any settled Law of this Nation( it being confessed in the rejoinder that neither the Decretal Epistle of Innocent the third, in the year 1200. nor the counsel of Lateran, in the year 1215. could impose Tithes upon the same.) And yet both the Treatise and the Vindication insist much upon the Great Charter, to be for the Right of the Church, being made not long after that counsel, and no intervening Law, or Statute of this Nation, was made for Tithe, whereby it appeareth that the Vindication itself sheweth Tithes to be unsettled then: Therefore the great Charter maketh nothing at all for the Impropriators, but against them. And if they should go about to show that any Appropriations were in those times, they are like to miss of finding of any. And let the Reioynant, or any of his Adherents come on again, and they shall be sure to hear more from some of Us, to the further manifestation of the nullity of the Impropriators Right to Tithes, as it hath been lately found out, they have employed the same.  
And we also deny that the People of this Nation, have held the payment of Tithes reasonable; Or that they have submitted to the payment of the same, any otherways then by threats, and being kept under, and in fear, by the power of the Proud of the Clergy unlawfully usurped, which was the principal Cause of frighting many of the People from contending with the Impropriators, who for the greatest part complied with those, and climbed by their Ladder, both these and those for the most part having misemployed tithes alike, as is mentioned in the Tract, pag. 31 Reply p. 1. but as for submittance in payment of the same to the Godly painful and conscientious Minister, we neither, can, will or do deny. And it is well in the rejoinder to confess that the most learned Writer mentioned in the Tract, doth show a variety in payment of tithe. And as to the practise of it mentioned to be in the Treatise p. 14. that was before the abandoning of Charity by the Tith-takers and before such nonusing misusing or dissusing as in several places in the Tract, and in the Reply, and in several places in this Sur-reioynder be mentioned. And as to the Question in the rejoinder whose Officers or Stewards Receivers of tithes were for their employment to good uses, whose misuser, Non-user, or Dis-user thereof is a forfeiture thereof, whether Gods Stewards, to whom then saith the Party reioyning, they are only accountable 〈…〉 employ them to good uses as before is said, otherwise, do they not think God will put it into the Hearts of the Parliament to take the same from them, and leave the same to the Owners of the Lands, that they may be the better enabled to maintain an able Ministry and the Poor for which uses they ought to go, as the Stewards and Officers of which Owners they are, as the Abbots were for convenient maintenance of the Vicars, and relief of the poor, as appeareth by the Statutes of R. 2. and H. the 4. and so K.H. the 8. took them into his hands: and to, and for the same intent and purpose gave, conveyed, and disposed the Appropriations, at such small Rates as is mentioned in the Tract, being very little or nothing in respect of the rates as other Lands were sold for in those times at the first, to such as were charitable and well employed those Impropriatons. And besides the Party reioyning( showing such cunningnesse in his writing) we think is not so ignorant( although as he truly affirmeth, as Gods Stewards( of that which we possess in the World) we are, only accountable to him) but that yet the Reioynant may know, as it is commonly seen; when any Mildemeanour or other unjust Action is Committed, the Parties committing the same, are questionable by the supreme Authority and Law: And of what dangerous consequence his Misapplying of those Words are, is manifest; for thereby( if observed) all Government would be destroyed, and any unjust action committed, if the party doing the same might not be questioned for it.  
And where the rejoinder saith, that the person is seized of the Tithes, &c. in Right of his Church, as a man is said to be seized of his Lands in the right of his Wife, and yet it saith also that the man is not his Wives officer or Steward; but true and lawful Owner and Possessor to his own use, but the Reioynant may know if he inquire, that if the Husband commit any offence, whereby he shall be divorsed from his Wife, or he repudiat her without cause, he will be compelled to restore to her her Lands, and why not then the Impropriator for such misuser, Non-user, or Dif-user as is affirmed in the Repl. p. 2.( which may as well follow) to Owners of the Lands, and not to such Patrons as shall use simony: for no doubt there is, but Patrons were Lords of manors at first, who had the disposal of all the Lands in the Parish, as well as of the Advouson, and now they have partend with their Lands for valuable consideration, can there be any reason or equity that the Lords or Patrons should present a Symonist to starve the poor and share and divide the spoil with him, as is too frequent, as is at large mentioned in the Tract p. 27. Repl. p. 2. And in the rejoinder it is confessed that the Law hath or deyned to rectify Lands, tithes, &c. given to good uses upon their misimployment: and why may it not now be put in practise being such misimployment is newly found out? the Reioynant alleging also that Keeper ships of Wild-beasts, Stewards or Bienniall Cessation, &c. svit not with it: if it be in that point only of difference by being seized in their own right, or in the Right of the Church, or other Right, but be not such seized as well as Parsons? Yea as strong altogether, but that is nothing to the matter in Hand. And as to the Poors Lands mentioned in the Reioynders to remain to this day. We know of none, although we know many Parishes the tithes whereof be impropriate, and have heard of very few Lands belonging to any poor in any Parish; and if any had been settled upon any Parish in such manner as is mentioned in the rejoinder, it is like they had remained to this day, for who should take or alien them away? And they who look for any Vicars endowment or provision made for the poor, shall find no such thing in the Statutes which the Reioynant quoteth; and yet he saith, that we aclowledge that Endowment and Allowance in those Statutes was as the value of things then were equal or near to the worth; although we have expressed in our Reply no such Statutes at all, but as we in our Sur-reioynder have said, and now say further, by these Statutes it appeareth that Appropriators were to provide convenient maintenance for a Vicar and the Poor, which we do aver doth imply that they were, 〈…〉( as it were) Officers or Stewards, and may forfeit, as before we said in our Reply, p. 1.  
But he Reioynant demandeth the question, To whom they should be forfeit? and answereth we say to the Freeholders of the Lands: but he demandeth the Freeholders Title to them, saying, He never bought nor paid for them: To which we say, the Freeholders bought the Lands with all appurtenances and profits, and as is said in the Tract. p. 33.34. why should not the Freeholders, as well as to be subject to all encumbrances of loss, or impair of his Lands, as also of hinderers, disturbers, and enemies, the most subtle of which be the Tyth-takers, as is expressed in the Tract. p. 33.34.  
And then the Reioynant saith, That we see it every day, the title of Appropriators to be by the Judges adiudged good: How untrue that is, that such thing hath been, or can be done so often, every reasonable man may imagine; but it seemeth he is some great Owner and Possessor of impropriations, and is like to say any thing, be it never so untrue, to uphold his Diana, if he could go smoothly away with it, and cloud the peoples Judgements.  
But if such Titles have been often adiudged good, he might have seen if he would, Reph. 2. where it is said, That such Mis-user, Non-user, or Dis-user, have not been stood upon, but it appeareth he is apt to catch and snatch at some things for his advantage, and leap over other things, as did the Writer of the Treatise; which if he had not done, or not mentioned some of the words in the Tract in an angry manner, his Treatise might have gone silent for ought we should have said to it, but left them both to be considered of by better Judgements.  
Then the Reioynant taxeth us with not having honourable thoughts of Supreme Authority: Although we never have had, did, nor do intend to have ony other then honourable opinion of Supreme Authority, nor have any ways declared otherwise.  
And because it is said in the Tract, pag. 28. Reph. 4. That tithe came to Impropriators at as low rates as thief stolen goods, &c. to which the Treatise hath not answered, and therefore the Reioynant by a wandering Answer, impertinent to the matter in hand, saith, That we cannot make the Appropriators Receivers, but withall the Parliaments thieves: Doth this Reioynant deserve any commendations of the posterity of former Parliaments, to put the thief upon them, and how may the future think of him? For we onely said that we conceived that if former Parliaments had imagined how tithes would have been viciously used, they would not have made such Acts concerning the same as they have done, Rep. p. 3.4.5. Tr. 31. And we say in the Tract, p. 28. that at first the Tyth-takers might be charitable, &c. and then the custom of tithing be good, but otherwise we say not good, and therefore to be abolished, their foundation being sandy, as in Tract. p. 33. and the same being at first stolen by the Monks, &c. as is said in the Tract. 27. And why therefore may not then such things be pleaded in Bar, or given in Evidence, as in Tract. p. 26. and Reph p. 2.  
After the Reinynant blameth us for answering the Treatise, where our Friends were charged with being as bad as Julian the Apostate, who despoiled the Church of their Livings, &c. we onely saying, Rep. 4.6. that we thought the Tyth-takers, who were to maintain the Vicar and Poor, as we have said before, and as the Statutes herein recited, and have not done the same, were more fit to have those uncharitable Titles put upon them then those our friends.  
And to his Question concerning the Lay-fees and Freehold of tithe, we say, that what Hold soever any have, or can have to them, they are bound to the competent maintenance of the Minister and Poor, as we have said before.  
And as concerning the suffering of Recoveries, and levying of Fines, which he saith are daily done; but how he should know the same so often done, and how it is pos 〈…〉  
But if such things have sometimes been done, we believe he can show very few( if any) of tithes separate from Rectories since the Impropriations thereof: concerning which if occasion be we can and shall say more hereafter.  
And after he saith, That when neither Judge nor Jury will comply with us, then, &c. at which we well may and do admire he should say so, having as appeareth by his writing, taken notice of the Tract, Treatise, and Reply, since which no trials have been, wherein any such thing should come in question; and how true is that like to be which he allegeth, let every man Judge.  
And for the interruption of Supreme Authority, as he mentioneth, we know of nothing done concerning this matter; therefore the Reioynant might have been silent, and not troubled himself with such things as he can know nothing of, unless he doth it to make stir to no purpose; for we onely put our opinions out to public view of those whom it most concerneth, few of us having any Lands, out of which tithe of corn hath been paid: And we advice the Replyant and his Adherents to take heed that he and they be not those, who go nearest to unsettlement and confusion of the Nation, in going away with tithes for doing nothing, onely saying, they paid for them, but what was so paid, or at least at the first, they be loathe to reveal. That both the Treatise and the rejoinder have slily leaped over.  
As for the Ministry, are not they beholding to him to put Superstition upon them? for it seemeth if the Impropriators can go on, the Reioynant careth not for them, therefore what reason have they to give him thanks?  
And rejoinder, p. 10. he cometh on again with some Matter urged before and answered, which he saith to be to proper uses, and yet he confesseth there, as we say too, as the Abbots, &c held them, so they came to King Henry the eighth, and how that was may be seen in the Statutes aforesaid, as we have said before, which he saith he thinketh we have not red, but we doubt he hath not red them, or else over-read the same.  
And then he falleth on close with his Non claims upon his Fines, and vaunteth as though he had us under his feet, and thunders against the Jurors to terrify them; but if any Impropriators have any such Fines, they cannot be all sure of Non-claimes, but claims may be from five year to five year, for many years past, and some may be later, as the Non-user, Mis-user, or Dis-user have happened and been taken notice of, for what need or occasion can there be of any such thing before.  
And we advice him now he is or may be satisfied in conscience of the just Right of tithes that he be not troublesone nor self-conceited in opinion, that he can satisfy the Just and Learned Judges in their judgements more then others, for they will adjudge according to that which they see Right and Equity in their Judgements: and let him not endeavour to fright the honest Jurors, for they will not be assrighted by him, but go according to the just right of their Evidence, say he what he will or can.  
It seemeth he is somewhat doubtful of his this years tithes, that his rejoinder cometh so warily out to entrench itself in the country, and to 〈◇〉 itself here, that it may not be railed, or blown upon the Sand until Harvest be past, but he may happen to fail in part.  
And then he condemneth us for want of charity( of which he and his adherents are most guilty, for the reasons, and as we have said before) and his reasons thereof are, because he saith, We propose nothing equivalent for the Appropriator: No not to all, for we need not, there will be sufficient to remain to many of them, and overmuch to others that have other great Possessions besides tithes, out of which those that have no other maintenance may onely have some recompense, as we hav● said in our Reply, p. 3. at large, but it seemeth that he hath leaped over that, catching here and there at a piece to work upon for his own use, as he hath in his rejoinder, p. 11. where he talketh concerning heathenism at a piece in the Tract, and misrepeated that, in saying the whole value, in stead of near the value, &c. for doth it not appear in the Tract, p. 36. That a competent maintenance onely should be for the Ministry, and then sufficient would remain to the Freeholder and Husbandman out of his tithes to maintain the Poor for his respective part, and that is for good uses, and not for Locusts and caterpillars, as is said in the Tract, p. 30. And besides he might have seen in the Tract, p. 33.34. what benefit will accrue to the Freeholder when the Vermin be rid from his Freehold: but that it seemeth the Reioynant would not repeat because as few as may be should take notice, who the most subtle of those Vermin be, to which we refer the Reader.  
And the Reioynant finds fault for our wondering at some part of the Treatise, but now we may wonder at the matter in the rejoinder, where it is said, that he would have the Minister have his tithe till his Allowance begin: we say nothing against it till that be done; but we conceive the Reioynment little regardeth the Ministry, but to uphold the Diana of him and his associates.  
And as for the Ministry if they had found any thing amiss against them, they could and would have answered for themselves, and we believe they never set the Reioynant at work, and he need not have meddled with them, for rare it hath been for an Impropriator, to regard the ministry. And as for the silenceing of us, or any Penman of us, it is more then the Reioynant can do, if he go on any further in any thing which is not true and just.  
And in the Close he saith, he would have Truth vindicated, the Right of the Church, and propriety justified: but how far he and his associate or Adherent Impropriators, fall short of those things, most men that have dealing with them know, for as we have said before, do not they now withhold the maintenance of the Ministry and the Church? And who can gainsay but that is the true right and propriety of the Church, and have not many of the Impropriators put the poor Vicar to dwell next their great barns, and keep themselves far remote in obscurity, whereby the poor Vicar having small allowance, and having had charitable minds, have been suddenly devoured by the poor, beggars and Guests.  
And if the Reioynant had followed the course of Law in pleading, the Matters had been brought to a short issue: but that it seemeth he hath declined( as we conceive) thinking that we would have Demurred for Multiplicity or Impertinency of Matter, and so not to have sent after him into the Country that his rejoinder may stick fast there, but we hope, we shall find a convenient time and way to go or sand after him in any thing, when he shall in like manner slide away before. And we desire him and his Adherents, to take heed of the verior of Francisco Spira, and his fearful end, for not restoring of the evil gotten Goods catched into his clutches, who repented very far, in acknowledging the same, as well as other sins; as is shewed in the margin of the Tract, pag. 36. at large, and by such Divines there mentioned, may any further be informed of things, of and concerning all which premises we put, and refer ourselves upon, and to the same Persons, trial, Judgement, and Consideration, as we havedon out Reply; hoping that God will direct those most concerned in the premises, to seek and desire their just right in the same, and no other after so serious consideration, and mature deliberation had thereof: In which we doubt not but God will give them his assistance and blessing.  
And whereas the Reioynant, hath injuriously charged us and our Friends, with the confounding of tithes; Upon the whole matter it appeareth that the Impropriators of late have confounded tithes, in detaining the greatest part of the same, from the Ministry and the poor, for which use they were first instituted, as is mentioned before by us, which we and our friends have a desire should be brought into Order: which we hope the God of all Order, will according to his good Will and pleasure accomplish in due time.  
The End.