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A31524 Certain seasonable considerations and reasons humbly offered against reviving the act intituled, An Act for the Better Propagation and Preaching of the Gospel in Wales ... presented to the supreme authoritie the Parliament of the Common-wealth of England : with wholesome proposalls, touching the future disposall of the powers given by the said act. 1654 (1654) Wing C1754; ESTC R36296 5,965 9

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Certain seasonable CONSIDERATIONS AND REASONS HUMBLY OFFERED AGAINST Reviving the Act Intituled An Act for the better Propagation and Preaching of the Gospel in Wales and redresse of some Grievance there Presented to the Supreme Authoritie the Parliament of the Common-wealth of ENGLAND WITH Wholesome PROPOSALLS touching the future disposall of the powers given by the said ACT. THis Act vesteth in the Commissionere named in that Act a double power 1. Ecclesiastick 2. Civill Ecclesiastick To amove from and confer Ecclesiastical promotions c. and to dispose of the Church Revenue Observation 1. Wales having been many ages sithence happily incorporated with England and governed by the same Laws as well those of the Church as Civill by this Act are governed by distinct Laws which in this conjunction of time may not give that publique satisfaction 2. If this Act is for the better Propagation of the Gospell in Wales than the generall Act for all England is it must be either because of the matter of this Act or the manner of proceedings thereupon or some other peculiar Circumstances The matter thereof is To amove from and confer Ecclesiasticall promotions c. 3. The very same matter is vested in the honourable Committee for Plundered Ministers at Westminster for the disposall of promotions in England and the persons of that Committee are all Members of Parliament The greatest part of the Commissioners in the aforesaid Act for Wales yea all that meet to act by virtue thereof except two persons are not members of Parliament and in regard of their severall relations and Interests if not Judgements are the rather subject to partialities 4. Neither is their meeting in Wales a lessening of Charge their meeting in Southwales being at Swanzey in Northw●les at Wrexam 70 miles distant from the persons that are many times summoned to attend them The Committee for Plundered Ministers being far more certain and quicker for their dispatches and more moderate for Fees allowed to their Officers 5. It is unusuall in the English Government to make Natives Iudges in their own Counties under favour at this time most unseasonable the late differences having rendred Neighbors and Countreymen lesse affectionate to each other than formerly and such power may occasion private vindication more than discharging publique Trust especially as it is observed in many of the Welsh Nation so impower'd 6. The Commissioners named in the said Act are to act in any part of Southwales Northwales so that it iss possible that those Commissioners living in the remotest place of Southwales may summon persons living in the remotest parts of Northwales and so those of Northwales the Inhabitants of Southwales 7. The persons of Southwales nominated Commissioners in the said Act are for the most part from two Counties 1 Brecknock Caermarthen Pembrook and Cardigan having but 5 Commissioners inhabiting in them The manner of proceeding directed by the Act is 1. That 5 Commissioners may examine and eject c. 2. That 12 upon the Ejecteds complaints might review and determine 3. That 12 upon the Ejecteds appeal are to transfer and certifie the proceedings to the Committee for plundred Ministers It is humbly observed 1. That 12 did very rarely meet the time and place of meeting not usually published nor generally known the propagators living very remote one from another and the Itinerants residence appointed for approvers altogether uncertain one while in one Country another while in another Country and in no place certain 2. If they meet it is probable that the same 12 that adjudged a Cause would not transfer and certifie against their own Iudgements And in case of refusall there is no provision in the Act to inforce them and during the three years time this Act continued notwithstanding the many hundreds that were ejected we find few or any cause upon an appeal though importunately desired certified by the Commissioners 3. In Case the Commissioners did transfer and certifie the proceedings before them to the Committee for plundred Ministers yet the Act disabled the Appellant to examine any more witnesses and it is possible that the depositions so transferr'd and certified were not laid down and certified according to the Examinants intentions many if not most of the persons examined against ejected Ministers being illiterate men ignorant of the English tongue whereof many do complain and thereby may be uncapable to make their just defence and if any did appeal whether the remedy may prove worse than the disease considering how difficult it will be for a poor man disabled of means to defray necessary charges incident thereto to recall annihilate that sentence or judgment given be it never so injurious the very Fifts allowed the ejected Ministers Wives by the Act of Parliament being either denied them or allowed according to the Sequestrators undervaluations whereby they are so far disabled of means to appeal that many of them are ready to perish for want of bread 4. That these triennial powers are of dangerous consequence if the persons intrusted misuse non-use or abuse their power and those severall powers continuing for three years may prove a temptation for honest men to act contrary to their Principles wherefore it hath been the wisdome of Common-wealths to prevent those inconveniences by changing their powers often and not giving them too much power at once or giving them but a short time to act the better to mind them that their power is not perpetuall and that they must shortly give an accompt of their stewardships for at the the third years end the oppressor may be so rich and powerful It is worthy to be remembred that these 3 latens od●um juvenile concilium P●●vatum lucrum ove●threw the flourishing estate of the Roman Empire and the oppressed so poor and unable that the party injuring may easily suppress and silence the cry of the party injured whereras Iudges have their Commissions but quā diuse benè gesserint or durante benè placito the Councell of State continues but for a year without new election and all Mayors Sheriffs Bayliffs are annually chosen and appointed and liable to give an accompt of their actions in the precedent year of their power and it is likewise desired to be considered that oppression and the abuse of powers have been the great billowes of the severall wars and commotions not only in Wales but also in this whole nation The Civill power by the said Act vested in the Commissioners is a Power 1 To be Arbitrators 2 To be a Committee of Indempnity Arbitrators in these words A power to inquire and redress high misdemeanours oppressions and injuries often escaping unpunished because of remoteness from London and want of means in the party Complaining to be redressed by due course of Law and the persons complayning and Complayneds submission under their Hands and Seals to determine the same It is humbly observed Quicquid ●gas prudenter agas respice finem sapiens incipit