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cause_n court_n justice_n law_n 3,065 5 4.7299 4 true
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A77915 A digest of government: together with certain additional proposals. Tendered to the consideration of all peaceable patriots. By William Ball, Esq Ball, William. 1659 (1659) Wing B588A; ESTC R231631 2,860 9

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DIGEST OF GOVERNMENT TOGETHER WITH Certain Additional PROPOSALS TENDERED To the Consideration of all Peaceable PATRIOTS By William Ball Esq LONDON Printed for Thomas Johnson at the signe of the K … in Paul's Church-Yard 1659. Additional Proposals c. FIrst That Explanation be made of all ambiguous Clauses and words in any Law Statute or Act of Parliament which may admit of different or indifferent constructions that so the Letter of the Law may be direct and plain as in Reason it ought to be and that ten Judges may not interpret the Law by way of Intendment and seem therein rather dare ius than dicere by which means they have done and may do wrong 2 That whereas in regard of the multiplicity of Suits in Law Hearings are delayed and sometimes put off from Term to Term to the obstruction or hinderance of Justice and to the trouble charge and wrong of the Parties aggrieved the Judges of the Courts at Westminster do sit and hear Causes if they have any depending before them on every Munday Wednesday and Friday in the afternoon in the Term-time and on the days commonly called All-Saints All soules the Purification and St. John Baptist if it happen within the Term for certainly it is reasonable to do justice on any day and that the Lord Keeper or Lords Commissioners of the Great Seal and the Master of the Rolls sit once every week and oftner if they see cause in every Vacation that Suits be not so long depending and delayed in Chancery 3 That whereas Writs of Errour are somtimes necessary and many times the causes of vexatious and chargeable delays to the parties aggrieved if erroneous Judgment shall therefore be found through Default of the Judges themselves such Judges to be forthwith displaced and utterly dis-inabled to meddle in the Law and suffer mulct according to their Demerits And so touching the Barons of the Exchequer And if such erroneous Judgment shall be otherwise found that the party or parties aggrieved be allowed quadruple Costs and Damages and so if through the default of the Judges 4 That Demurrer be abolished and that if the case be matter of Law and not Fact Judgment be forth-with given according to the merit of the cause unless such case be very difficult and then the Judges to meet within eight dayes in the Exchequer Chamber as formerly upon penalty of 100 l. for every Judges default who ought to meet and then and there to give a final Determination to the Cause 5 That all Abators of Lands pay Quadruple Costs and Damages or suffer severe corporal punishment and that all Disseizo●● of Lands and Rents pay Quadruple costs and damages 6 That no relief be given in Chancery against the lawful Entry of Donors F●offors and Leassors that so their Acts and Deeds be not defalcated by way of Equity and that all Bills of such nature or pretext be dismissed of course or not admitted into Chancery 7 That Deeds of Covenants to stand seized c. and Wills or Devises for Land invalid or insufficient according to the Letter of the Law be not made valid or helped by way of Intendment or Interpretation which many times have been and may be wrested of Law or Equity against Heirs at Common-Law for it may seem to imply an act of GOD not to permit such Deeds or Devises to be valid that so Lands may descend according to His Law Numb 27. And therefore the defects of such ought not to be supplyed by Man 8 That un just Decrees in Chancery be reversed by the Council of State or by some of them the eunto appointed or nomiminated together with the aid or assistance of such Judges or Serjeants at Law as they shall think fit to call unto them and that such as made such unjust Decrees be forthwith displaced and suffer mulct according to their demerits howbeit such as shall complain without just cause to be severely punished 8 That whereas there are divers covetous and greedy persons who desire and labour to incorporate as it were and adde Lands to Lands and will therefore venture to purchase any broken Titles on purpose by power of their purses being money'd men to weary our such as have better Right thereby to obtain their Rights for little or for some unvaluable considerat●on and also to molest and contend with such as have Rent-charges or other engagements in or upon such Lands on purpose to make such parties especially if mean and necessitous to agree and compound with them to their losses therefore all such covetous and greedy Purchasors who shall be lawfully evicted touching Right Rene Charges or other Engagements in or upon such Lands shall pay quadruple costs and damages 10 That whereas divers covetous and greedy persons do not onely themselves but also procure others who may be termed Brokers to inveagle young Heirs and others by flattery feasting and merry-making to sell their Lands Rights or Interests and at such times and in such manner obtain or get from them Agreements or Contracts for the sale of their Lands Rights or Interests many times upon unvaluable considerations and sometimes to their undoing therefore all Agreements Contracts so obtained to be null And also that the persons themselves and their procurors or Brokers using such practice be severely punished Touching Commerce and Trade 1 That a Council or Committee of Audience be institu●ed to sit hear and receive such Proposals as shall be exhibited unto them in writing touching the Commodities discommodities conveniences inconveniences advantages disadvantages of Commerce Trade Manufactures and of all Improvements and Aggrievances touching the Publique and that the said Council or Committes do consider and propound to the Parliament such advancements and furtherances remedies and redresses as the merits of causes shall require 2 That if our Neighbour-Nations or other● more remore shall raise the prices or impose extraordinary Impost or Excize c. upon their Commodities importable into the Dominions of this Commonwealth we do the like for our commodities transportable un●o them Ours of Tinne Lead Cloth c. being as necessary and vendible unto them as theirs to us 3 That no Fullers-Earth be transported out of this Land without special Licence from the Council of State upon great penalty and for that sufficient Excize to be imposed forasmuch as not onely the Low-Countries but other our Neighbouring Nations do thereby improve their Manufactures of Cloathing c. and dis-improve ours 4 That Refiners of Sugar be not permitted to refine with Lime as they usually do which is not onely a cheat but unwholesome for bodily health and that if there be no other Remedy such manner of Refining be wholly prohibited Touching Elections of Members for Parliament THat the Members for Parliament for the future do neither directly or indirectly by themselves or others procure themselves to be elected upon penalty of being dis-inabled to sit in the House and to pay the Fine of 500 l. to the use of the Commonwealth and that all Feastings and Entertainments for Elections be abolished upon like penalty and that the Freeholders and such as should elect Members for Parliament do assemble and meet No Free holder under 10 l. per annum to be admitted to elect Knights c. upon penalty c. for Elections at their own charges upon some penalty c. to the use of the Commonwealth unless some lawful excuse of sickness c. And that if they happen to chuse Knights for the shire under the value of 500 l. per annum and Burgesses for Boroughs under the value of 100 l. per annum or some way equivalent that they allow them their Salaries towards their charges if they shall require or desire it and not otherwise and that such members for Parliament as shall be legally so Elected being persons capable to sit in Parliament shall undergo the same upon penalty of 500 l. to the use of the Commonwealth unless some lawfull excuse of sickness c. and that such Elected Members swear before the Sheriff and two or one Justice of the Peace or in Corporations before the Mayor c. to perform their best endeavours for the places for which they are elected and for the Commonwealth in general By this means self-seeking and self-ended Members may be expunged and yet sufficient able and knowing men elected FINIS