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A34350 Considerations touching the dissolving or taking away the court of chancery and the courts of iustice depending upon it with a vindication or defence of the law from what is unjustly charged upon it, and an answer to certain proposals made for the taking away, or alteration, of it. 1653 (1653) Wing C5918; ESTC R18810 47,697 80

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8th Commandement in the Decalogue a second time with his own Finger That the Judges and professors of the Law and also all Persons interessed or concerned in any losse may happen by any alteration thereof may be heard or advised withall in what particulars may be charged a●●●●●● the Laws in being or thought fit for reformation and to take into their consideration That in the reformation in the Body natural the Cure is never gone about by a total dissolution nor any part of it intendedly cut off even in case of Gangrene where there is any hope to keep life or to cure without it That the Petitions which have been against the Laws are not the voice or general outcry of the People in their several Counties or made by the consent or approbation of the major or any considerable part of them but are an Engine or Artifice of some people never made use of till these times of Troubles to advance their designs and conveniences and bring ruine to others by petitioning in the names of a whole County or Province of which many times not one in every thousand of the Inhabitants ever knew or heard any thing before of it Too many of the Petitions concerning publique affairs having been of late and for some years past made and framed by a few in the name of many and many times not in the place or County from whence they seem to come 20000 hands said to be subscribed when there was not so many scores of those many ignorant peoples names or marks put to it that were meerly led or seduced unto it eighty Schools Boys have at once subscribed their names to a Petition by the procurement of their School Master some have had their names subscribed when they were never privy unto it and others that could not write or read have been drawn to suffer their names to go along with a Petition was for other matters than they were informed of And that if all the People of this Nation were but freely called together by Tribes and Wards or Centuries to give their votes concerning our Laws as the People of Rome k were to peruse and approve the Laws of the Ten Tables brought from Athens and to speak and give their voices as freely as they did then there would be one thousand for or to every one that should appear against it would not only consent to the continuance of the Laws and Court of Iustice we have in being but be most earnest Petitioners for them And would be pleased if upon a free full hearing as hath been lately granted in the matters of Tithes any thing shall be found fit to be abrogated or taken away they to consider That in the Acts of Parliament of 27 Henry 8. cap. 28. 31 Henry 8. cap. 13. Touching the dissolution of Abbies there is a saving of all Corodies profits pensions due to any other than the Donors their Heirs Abbots Abbesses c. In the Act for establishing Laws Ordinances in Wales 34 35 Hen. 8. cap. 26. There is a saving for the Kings Officers for their Offices and Fees In the power given by Parliament to Queen Mary in the first year of her reign to dissolve alter unite or put into one the Courts of first fruits Wards Surveys Augmentation and Dutchy of Lancaster there is an expresse saving of all annuities pensions fees stipends or sums of money which they might or ought lawfully to have by any letters patents or grant of the said Court of Augmentation And that if the Queen should annex any of the said Courts to the Exchequer it should be with a saving to all persons of all Offices of keepers of Chases Parks Houses and the profits thereof and all Rents Annuities Fees c. with a provisoe that that Act should not extinguish or take away from any person any Fees or Sums of Money which they Lawfully had before the seventh of Iuly then last past That in the dissolution of the Abhies by Hen. 8. provision was made and pensions given for life to such as had places or imployments in them as to Readers Curats c. and the like and Corodies or provision of diet made into a yearly pension granted out of Abbies and Priories saved to those that had right to them many of which are to this day enjoyed by the purchasers of them That in the Act of Parliament 3 Jacobi cap. 16. For the bringing of the new river water to London recompence and amends was to be made and given before hand to such as should be endamaged by it That in the Act of Parliament 7 Iacobi cap 19 for the continuance repair of a Weare upon the River of Exe near the City of Excester recompence is provided for any that shall be losers thereby for that as the words of the Act are it standeth with the rule of Equity and Iustice that those which should receive so great benefit by it should yeeld competent and sufficient recompence to such as should sustain any losse or detriment thereby That in the putting down of Episcopacy in Scotland in the late King reign the Parliament of Scotland did think fit to allow to the Bishops yearly pensions or maintenance during their lives and suffered them to enjoy it That in the last Parliament of England satisfaction was promised to the Officers and Clerks of the Court of Wards upon the dissolution thereof and so much intended as the Lord Say and Sr Penjamin Rudiard had some thousands of pounds paid or promised unto them and a Committee was appointed to consider of the value of every Clerks place and their losses sustained by it The Wives and Children of Ministers that were put out of their Benefices and of Delinquents were allowed a fifth part of their Husbands estate And that in the Proposals or Petitions for taking away of Tithes there is a desire or intention to give to them a maintenance equivalent by some other way That in the Act of the Parliament 29 May 1649. for the draining of the Lincoln Shire and Cambridge Shire Fenns the Commissioners have power to make satisfaction to such persons whose Interest or Lands shall be made worse in quality or condition by the draining of them proportionable to their losse and damage That 2 Reg. 23. 9. Iosias king of Iuda in his reformation and turning to the Lord with all his Soul and with all his might did breaking down the high places permit the Priests though Causers of grosse Idolatry and more peccant than any which do now belong to the Law to eat of the unleavened bread among their Brethren That by the rule of our Saviour Christ in the Gospel we are to do as we would be done unto And that the promise in the first Act of this Parliament to be as carefull of the Peoples property and liberty as of their own lives and estates will not be performed without having rightly informed themselves before hand of what they would put down or alter hearing those that are concerned and giving them a just recompence for what shall be thought fitting to be taken away Which if for a general good may for such part of the Law as shall be found fit to be abrogated or taken away be done With content to all People and according to natural and common equity By a Publique and general Assessment or some other way of certain satisfaction for it That so there may be a mutual preservation of the people no sighing of multitudes of poor or broken in Spirit nor complaining in our Streets FINIS By the Authors absence from the Presse the Errata's following have escaped the Printer which the Reader is intreated to amend or supply IN Page 9. line 12. adde which in l. 33. dele for in p. 16. l. 7. r. Jesuitical in l. 33. r. and p. 17. l. 6. r. abstract in p. 19. l. 9. r. or for as in l. 10. r. the mistake of the Judges in p. 20. l. 1. r. and in p 20. l. 25. dele but in l. 32. r. now be had for it in p. 25. l. 8. r. may then in p. 26. in l. 3. of the title of Ch. V. r. of this in p. 26. l. 7. r. Syllan in l. 15. r. Reformation of in p. 28. l. 14. r. have been in p. 29. l. 1. r. and from in l. 10. r. they did not p. 31. l. 25. r or fit in p. 32. l. 19. r. it is p. 33. l. 1. r. new modeld in p. 34. l. 5. dele to in l. 6. r. Assistant in the latter end of l. 32. dele the in p. 35. l. 4. r. rightly in l. 10. dele and and r. can no more be kept from in l. 11. dele can no more be kept from and in l. 12. adde and in l. 12. dele save in l. 17. r. should in p. 36. dele and in p. 38. l. 23. adde that in p. 39. l. 26. r. Canon in p. 40. l. 23. r. will little help the busines l. 25. r. and to oppose l. 29. r. be in p. 41. l. 3. r. or if in l. 14. r. had advised in l. 25. r. that should in p. 47. l. 5. r. the in p. 49. l. 11. r. security in l. 33. r. and p. 50. l. 23. r. were in p. 51. l. 3. in the Margent r. 9 H. 3. cap. 11. in p. 54. l. 6. r. 27 H. 8. cap. 5. in p. 55. l. 21. r. Serjeant p. 57. l. 14. r. attachments upon l. 18. r. Withernam in p. 62. l. 9. r. to in p. 74. l. 6. r. Benjamin in l. 24. r. in in p. 69. l. 23. dele in adde in Anno in p. 46. l. 3. r. one hundred and Thirty thousand in p. 24. l. 16. r. allowed in l. 17 dele to Bricklayers and Carpenters