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A54694 Restauranda, or, The necessity of publick repairs, by setling of a certain and royal yearly revenue for the king or the way to a well-being for the king and his people, proposed by the establishing of a fitting reveue for him, and enacting some necessary and wholesome laws for the people. Philipps, Fabian, 1601-1690. 1662 (1662) Wing P2017; ESTC R7102 61,608 114

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Exchequer all Fines Issues Amerciaments imposed and forfeited That upon all manufactures made beyond the Seas and all things to be imported tending to excess and luxury as Tobacco Silks c. there be an Imposition more then ordinary which the wisdom of Neighbor Nations have ever thought expedient and was in the Reign of King James the prudent advice in Parliament of the Lord Treasurer Salisbury That in the deplorable Cases of wreck at Sea the Masters or Owners of such Ships not being Pirates or Robbers whether there be any living thing remaining or not in the Ship all and every part of the lading Tackle and Ship which shall be saved from the fury of the Sea or found on shore notwithstanding any detestable custome to the contrary may according to the Ancient Equitable Laws of Oleron be saved and preserved for the right Owners coming within a year and a day to claim the same and tendring such just charges and recompence as by two of the next Justices of Peace not interessed shall be found to be reasonable for those that were Instrumental in the preservation thereof that so the inhumane and unchristian customes of too many who live upon the Sea Coasts being in a Shipwrack as pittiless and cruel as the Winds and Seas taking away that which they left and rejoycing in the disasters and miseries of those that are afflicted may be abolished That Champerty and maintenance being now crept through the care and severity of all our former good Laws and Statutes made to prevent it into such a general practice and profit as in the confidence of dark contrivances and the impossibility or difficulty of discovery of them Some of our Gentlemen of the Gyges ring or invisible Estates in a way which they have found out to live aswell without a Revenue or other lawful means and professions as with them can like Nimrods or mighty Hunters by shares gained in the driving of Causes support an idle Gallantry by the spoil and oppression of others some women more wily then good can be Agitators or Retrivers of causes not concerning them for a part of the hoped for Booty and many Citizens and Tradesmen do buy pretended Titles and Interests and ingage and furnish money for no small parts to be had upon the success of Suites in Law and too many Attornyes Sollicitors and others can make it the best of their employments to deal in gross and by whole sale and will not as the Law enjoyns them make Bills or Tickets to their Clyents of their just and allowed Fees and disbursments Some good Laws and powerful restrictions may be made to prevent or punish those grand abuses and that if either the Plaintiff or Defendant in any Action shall require it an Oath or Oaths may be given at the Tryal or Hearing of such Suites or Causes to any who may discover such Champerties or Maintenance and if any shall be found offending therein either by disbursing of money to have any share or part of the thing inquestion on or by any pre-contract or other ingagement the Verdict may not be taken nor Judgement entered or if it shall be discovered and proved after the Verdict taken and Judgement entred before the end of the Term wherein such Judgement shall be entred the said Judgement be by the Judges of that Court arrested or made void and whether it be discovered and proved before Judgement entred or after the parties offending as well those that committed the Champerty and Maintenance as all their Abettors may every one of them forfeit and pay to the King and his Heirs and Successors the sum of one hundred pounds and be imprisoned without Bail or Maineprise untill they shall have paid the same and also forfeit and pay to the party greived his double Costs and Damage together with the moyety or half of the matter in question That there be no pardon or reversal of any Outlary in Civil aswell as Criminal Causes or Actions without five Marks first paid to the King in discharge of his Contempt and a Charter of Pardon as was anciently used first sued out under the Great Seal of England That all Sheriffs under-Sheriffs and their Deputies do at the entrance or admission into their Offices take an Oath not to imbrace any Juror or Juries or for any Fee or Reward or otherwise to nominate any at the request either of the Plaintiffs or Defendants or of any on their behalf and that they shall not make out or deliver or willingly or wittingly permit to be made in their names any Blanck Warrant or Precept to Arrest any person without a Writ under the Seal of the Court wherein such Action is laid or to be tryed first had and delivered unto them and that no Sheriff or under-Sheriff do crave allowance or respit for any debts of the Kings but upon just cause That every Juror if the Plaintiff or Defendant or their Attorneys shall before they besworn require it do also take an Oath that he hath not received any Instructions or Evidence before hand from the Plantiff or Defendant or their Attornyes or any on their behalf That all English Merchants trading into Foreign parts may be ordained to bring into England at or in their return a certain and reasonable quantity of Bullion or coin of Gold or Silver to be yearly certified and Registred in the Exchequer and that such as shall be brought in may not as it is now be bought and Registred in the name and for the use of the East Indian Company and that the East Indian Company to prevent any disguise which may be made use of betwixt them and the Merchants may also be ordered yearly to Register and Certifie into the Exchequer all such Gold and Silver Bullion or coin thereof as shall be imported by the said East Indian Company That all Foreign Merchants Trading into England or any the Dominions thereof be ordained to export at their returns English Manufactures and Commodities to the value of what they imported and not to make their returns in money or by Bills of Exchange as the Jews in great numbers trading hither are known now to do And that all Merchants Alien if they be not such as have houses and habitations here or if they have do at their first beginning to Trade enter into Recognizances of great penalties in Chancery not to Transport or cause to be Transported out of England as was in part provided for by the Statute of 2 H. 6. chap. 6. Or returned by Bills of Exchange any more then the sum of five pounds for their necessary charges upon pain of forseiting treble the value thereof That the many more then formerly used deceipts in the Shearing Tentering hot Pressing and false Dying of our English Clothes which do much or more endamage our Trade of Cloathing then the Transportation of Fullers Earth Sheeps Pelts with the Wool upon them or the Clothes in the Whites may
them that the Church-wardens or Governours of every Parish as is usually done in Holland where by their excellent orders and care of their Poor very few are to be seen either wandring or miserable may upon poverty happening to any Family or the death of a Father or Mother of children goe or send to their houses as the Commissioners de aflictis at Amsterdam usually do lift up the broken hearted and enquire what are their necessities or what there is to maintain them and accordingly make provision for them by relieving the aged sick or impotent providing work for such as are able and putting out of children at fitting ages to be Apprentices or to service or some other imployments wherein we may well hope for those good effects which the like courses in France by the erecting of the Hospitals de dieu or other Hospitals in or about Paris have lately assured that the encrease and decrease of the poor in every Parish and the Collections and Assessments for them and Legacies and charitable uses given to the poor be yearly certified to the Clerk of the Peace of every City County at the Quarter Sessions to be holden after Michaelmas to be by him entred into fair Books with Calenders and Tables fitted thereunto publickly read before the Justices at the next Quarter Sessions after to the end that the Justices there assembled may duly consider thereof and make such further orders and Provisions as shall be fitting and requisite And that when the English Captives at Algier shall be released and no more likely to be in that condition the one pound per cent granted by Act of Parliament for that purpose or the like allowance and proportion for seven years to be allowed out of the Custome-house may be imployed to relieve and make a stock for the Poor of England And in regard that such as sue at Law in forma pauperis notwithstanding all the cares which have been hitherto taken by the Courts of Justice in assigning them Counsel and Attornies and ordering that no Fees should be taken they doe for want of money and those cares and diligences which are only purchased and procured by mony many times but tire themselves to no purpose and after many years expence of time and labour in trudging to and fro with their foul and tatered Bundles and Papers wither away die in the hopes of that which for want of a due assistance and vigorous prosecution they could never bring to pass That an Utter-Barrister or Councellor at Law be once in every three years appointed by the Lord Chancellor or Lord Keeper of the great Seal of England for the time being and to continue for that time and no longer in the high Courts of Chancery and the Courts of Kings Bench Exchequer and Dutchy of Lancaster and a Sergeant at Law in the Court of Common-pleas to be for the like time nominated and appointed by the Lord chief Justice of the Court of Common-pleas for the time being to be of councell assistant for all rights and duties of men and women suing in forma pauperis and as Counsel to assist and help the poor of the respective places in the prosecution and recovery of all Legacies and charitable uses given to them or penalties given or ordained by any Statute to be had or levied for their use or any Parish collections and assessements withheld from them for which they shall take no Fees but in a reasonable manner upon the recovery thereof or end of the said Suits And for their better encouragement may in all the Courts of Justice of this kingdom according to their said several nominations and appointments as well Superior as Inferior have a prae audience in those other causes next to the Councel learned of the Kings and Queens of England and the Prince or Heir apparent That in every County and City there be a publick Work-house to imploy the Poor in the manufacture of Woollen or Linnen cloth making fishing Nets or other Manufacture and that for their better encouragement they may as they doe in Holland after a competent number of hours in every day imployed in the work of the Publick be allowed two hours in a day to work for their own advantage notwithstanding that their lodgings diet and fitting apparrel be defrayed out of the Publick and that the Governours thereof may for their encouragement have the benefit and liberty of Exportation and Importation of any the said commodities without any Custome to be paid for the same upon the Certificate of the next Justice of Peace of such County or City upon the oath of every such Governour that the said quantities to be exported were made or wrought at the said publick Workhouse and upon the oath of such Governour that the commodities imported are to be imployed and used only in the said publick Workhouse And that the kindred of Poor living in any part of England and Wales not taking almes or overburdned with poverty may be sought out and enforced to a reasonable contribution according to their abilities towards the maintenance or providing for such Poor and decayed as within the eighth degree are of their own blood and lynage and where it may be put them into such a way of living as may exempt them from the fate of common servants or people taking almes or from being placed in common Workhouses that by such means and provisions to be made for the Poor which our Acts of Parliament and the careless and many times purloyning Collectors and Overseers of the Poor in severall Parishes have not yet performed And that all Nobility Gentlemen and others excepting such whose constant and necessary attendance upon the persons of the King Queen or Prince shall not permit the same having an Estate of Lands of Inheritance of the yearly value of one hundred pounds per annum or more above reprises and their houses of residence in any Parish of England or Wales not keeping their Christmas in the said house or Parish shall at every of the said Feasts pay unto the Poor of the said parish the sum of forty shillings or proportionably according to that rate of his or their Lands lying or being in the said Parish besides their other payments to the Poor collected and assessed in the said Parish That so the multitude of Beggars in England may no more be a Byword amongst other Nations that there may be no complaining in our streets nor such dismall and sad spectacles as the leprous blind lame and aged people and young children crying out for bread and ready to starve for want of food or clothing nor so many counterfeits or tricks to make an ill use of charities to uphold their lazy and ugly condition of life That the Clerks of the Peace and Assizes and every Justice of Peace shall take their oathes not to release or discharge or respite any Fines Issues Recognizances and Amerciaments forfeited due to the King