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A87640 The new Returna brevium or the law returned from Westminster and restored in brief to its native, antient, and proper habitation, language, power, puritie, integritie, cheapness, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, fals interpreters, iailers, catchpols, attorneys, &c whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (although to bee found in larger volumes) for cheapness to the generalitie to inform themselvs what is their rights. Written by John Jones of the Neyath in com. Brecon Gent. Jones, John, of Neyath, Brecon. 1650 (1650) Wing J972; Thomason E1411_2; ESTC R202637 18,638 94

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reserving Appeals to such as shall have caus to Parliament or Commissioners of Oyer and Terminer to bee assigned as Fitz H. and Cromp. affirm anciently lawful and usual proof being made first of the partialitie or injustice of the proper Court and no bare accusation allegation or presumption to serv for the issuing of such Commissions as now is used Except causes proper for Coroners Escheators Pipe powder Courts Clerks of the Market of whose misdemeanors Justices of Peace have power to hear determine but not to hinder in due execution of their Offices which are all necessarie in their kinds in every Countie and specially Coroners and Clerks of the Market the first for discovering of murthers c. whereof God requireth an exact account as Scriptures and Reynolds History sufficiently witness And the other for the punishing of frauds in weights and measures which Solomon saith are abominations to God yet nothing more common amongst us the more fearfull his judgements upon us without timelie repentance and future amendment And for the superintending of the defaults of those that have power to correct such offences and do not All these Courts Officers and Offices that are thus necessarie will bee no more chargable to the Common-wealth hereafter then alwaies they have been hrretofore but as useful now as ever and more profitable to the Common-wealth now then ever before becaus that in this time of Reformation these Officers as others beeing chosen of approved persons for their Integritie will endeavour like their Superiours the amendment of all offences which they have power to chastize whereas their Predecessors imitating their Superiors to their own ruine intended their own private gain by publick transgressions and to that end increased iniquities in themselvs and others If any offer to plead or object the customs and usages modernly observed time out of minde against this reducement and restauration of the Law and its practice to their antient usages I ansvver Mala Consuetudo non est observanda An evil custom is not to bee continued and Customs against Lavv are unlavvfull to be used And to vvhat end is Reformation but to take avvay such customs And Statutes lately made to support them by those that raised and used them for their own gain others dammage contrarie to all the Laws of God and Man and especially of Magna Charta and its confirmations vvherein appear the right and Primitive customs and usage of this land agreeable to them claiming therefore to bee restored as in Justice they ought and the other to bee abolished as likevvise they ought And being com to speak of antient Customes to bee restored modern to bee abolished I cannot chuse but remember the Poor as most men do in the last place for it vvas a custom as antient as Christianitie for Christians to give lands moneys and goods in a large measure to relieve the poor till Monks Friers and other Abbey-lubbers as unsatiable as idle dulled mens charities with their continual beggings in the name of the poor and grew sacrilegious robb'd spittles made that which was common to the poor as well as themselvs proper to themselvs and gave out of that which was none of their own for assistance to countenance that Sacriledge the first Fruits Tenths c. to the Pope who had as much right thereunto by their gift as the Devil and consequently King Henry the 8th as much as the Pope and his successors whether Kings or States as much as hee Whosoever conceive's I write too boldly or speak too plainly herein let him read not onely Histories forraign and domestick but the Records and Statutes extant and in force amongst us videlicet That of Carlile de Asportatis Religiosorum 35 to Ed. 1. And that de terris Templariorum 17o. Ed. 2 And those of the dissolutions of Henr. the 8th between which first last hee may finde manie more to inform his conscience so that his heart may think his tongue speak and pen write much more then I do in this matter All that I desire is that the poor may be looked upon if not with an eie of pitie yet with an eie of wisdom taking notice that if the wedg of Achan bee not enquired for discovered and recovered the Nation may rue it And that Popes Kings Bishops c. that cared not how lean they made the poor while they might make themselvs fat with their provisions and those that exspected their reversions have caus by this time to bee sensible of their Sacriledg And that therefore the Spirit of Reformation would bee manifested in the works of Charitie and if such as have griped the patrimonie of the Church into their claws can finde in their hearts to restore to the poor no part of that interest which all the said Statutes and manie more and all the writings of the Fathers and manie of our own modern Bishops who unjustly detained all they could from them abundantly confess and testifie they ought to have in all Ecclesiastical possessions not as the Alms of the Incumbents but as their own rights by the express wills and donations of of the Primitive Founders of Churches Hospitals c. and other devout Donors and Benefactors to such places from time to time so excessively bountiful to the Clergie and Corporations for the poors sake that the Statutes of Mortmain were made to restrain them All which notwithstanding the Clergie possessed no less then a third part of England and France as Sir Walter Rawleigh and Sir Nathanael Brent have written but not to their own uses as they wickedly converted it but as Administrators to and for the poor as the same Autors all the Fathers and Littletons Tenures de frank Almonie and Tenant in common sufficiently witness Yet may the Parliament bee pleased that Commissions for charitable uses bee granted to discreet persons throughout England and Wales not without Fees wages and accommodations for themselves and their Officers competent for their attendance in that service and loss of time in their own affairs being Charitiie beginneth at home and no man can or ought to neglect his own charge to follow others profit gratis which mkaeth the Commission now in London and elswhere ill executed as the distressed of Ireland by wofull experience can lamentably verifie Nor let the number for a Court exceed 3 for the eas of the charge which must bee either charitably allowed and paid by the State or deducted as the late Lord Privie Seal in the book of order approved by the Councell Table 6 to Car. and the Additional Act for the Sabbath c. declare to be lawfull for prosecutors out of the poor's right Nor let such Commissions be limitted by the Statute of 43 Eliz. 4. as now it is which Statute appeareth by its exceptions and jurisdictions reserved to Bishops and Chancellors to bee a Prelatical Chancerized confederacie to delude and defraud the poor at their pleasures witness the heaps of lost labored decrees made