Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	act_n	england_n	parliament_n	7,738	5	6.5063	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

à sine 1. That upon this power of inquiring and redressing the party complained on may by this power be compell'd to submit or not if not this power is for no other use than to occasion expence of time and moneys in attendance upon summons and in case the Commissioners therein named have no power to trie any matter by bill indictment information or original writ or by verdict demurrer or examination of Witnesses on oath or to force the performance of their Adwards this power must needs prove useless troublesome and chargeable and that which can attain to no reasonable end the Law rejects as a thing inutile and uselesse 2. If the party complained upon may by this act be compelled to submit then the Justices of Assize and of Peace offices are swallowed up by this power and without verdict causes always determinable by verdict are adjudged which brigeth a contest betwixt the Judges and Justices power and the Commissioners Vide the Lord Cooks Exposition of the 29th Chapter of Magna Charta in his 2 part Insti●utes fo 51 concerning the arbitrary proceeding of Empson and Dudley who were justly executed for it their jurisdiction being not distinguished and suters thereby confounded and lyable to unnecessary charges and trouble and by such a power an Arbitrary power of a Star-chamber might probably be exercised judgments and decrees attained and the antient way of tryalls by jury destroyed the Commissioners those that act being not bred in the Laws and therefore not so competent to judge of Adwards and penall Lawes as Judges are neither are the Commissioners as ludges be upon their Oathes in discharging this great trust for any thing appearing in the said act and by the Law all Arbitrators ought to be indifferently chosen the persons named in the said Act were not chosen by the Countries who were ignorant thereof untill the Act was published most of the Counties having no Representatives in Parliament to speak for them at the passing thereof who have since declared their dislike of the execution thereof It is observed 3 That remotenesse from London is not much more from any parts of Wales than from some parts of Wales to those places where the Commissioners meet and the uncertainty and unfrequency of their meetings extraordinary delays and excessive fees have given cause for many to believe that this course is the remotest and most chargeable way for redressing of grievances As to their power of Committee of Indempnity it is likewise humbly observed 1 That the party Complayning upon the Complayneds refusall to submit to the Commissioners Arbitration may receive incouragement to implead the party Complayned before the Commissioners as Committee of Indempnity who may as Committee of Indempnity though not as Arbitrators inforce submission and obedience What hath happened there this three last years of that nature is not proper to be here incerted since the Act of Oblivion hath pardoned both the offences and offendors Qui facit per alium facit per se And Act of Parliament that a man shall be Iudge in his own cause is a void Act. 2 The Act of Oblivion having ended most matters properly determinable by the Committee of Indempnity there the continuance of that power can prove for no other use than to inincourage litigious persons to molest their neighbours and indeed nothing is properly determinable before them but what must relate to those that now act under them by colour of their severall powers Military Civill and Ecclesiasticall 3 Those of Southwales have the command of the Military power now on foot there the power of Iustices of Peace Commissioners for Propagation for Arbitration and Indempnity Commissioners of monthly Assessments and of Sequestrations of Papists and Delinquents Estates and for the most part of very near kin and alliance to each other Lessors and Lessees by their near friends and agents of the most and best Ecclesiastick Promotions and Sequestred Estates there the power Civil Martial and Ecclesiastick in the same persons subservient to one another to the too hasty and visible improvement of particular mens fortunes and how these wayes of accumulating all these powers in thirteen Counties into the hands of a few particular persons upon any pretence whatsoever are consistent with the wisdom and policie of a State and the wellfare of Wales is humbly left to your honours grave consideration 4 It is worth the taking notice of that those persons from Wales that appear in soliciting the continuance of this Act are for the most part either persons formerly nominated in the said Act or Perners of the profit of the Ecclesiastick revenue or having relation to those that injoy the same And it is humbly desired that the worthy Members of Parliament will take notice of the carriage of three of the itinerant Approbationers at the Parliament Door Friday the 25 of March instant to beg the renewing of the Act and whether it better becomed them to be preaching the word in Wales where there is a scarcity of Preachers than to spend their time in London to sollicit the continuance of their former power and advantage Quaerie 1 Touching the ecclesiasticall powers It is humbly prayed it may be considered whether the Commissioners named in the said Act walk'd with such rigidness in the ejecting of the former Ministers and Schoolmasters that small offences of 10 or 20 years standing were freshly arreigned as Capital crimes and small crimes unpardonable without respects to their abilities parts and readiness to conform and become more serviceable for the future to the Church State under the present established government and whether humane prudence if not Christian Charity should have induced them to continue the most able conformable and best qual●fied of them that never personally acted against the Parliament at least wise untill they could provide better in their roomes and not to leave the Country naked and not above three or four to supply some Counties and whether there be 700 parishes besides Chappels of ease in Southwales and above 600 of them unsupplied to the famine of the word of God and that many of the Itinerants and Schoolmasters now employed and suffered to officiate be not more scandalous than some of those ejected and some that bore arms against the Parliament and a Papist in the town of Brecknock that keeps school and whether Iesuits and Seminary Priests were not discharged in Monmouthshire without being proceeded against according to the Law of the Land Quaerie 2 Whether the Commissioners for propagation make an accompt but of 19000 l. or thereabouts for the tithes c. in the said 7 Counties for 2 years and do by answer say the Fifts and contributions are not fully known nor allowed and that they have not mony to pay the Ministers approbationers if so what propagation or better supply the said Counties are like to have for the future if their power be renued and how well they have disposed of the tithes whether or no the Petitioners offer 20000 l. for the tithes for one year which is more by 20000 l. then the Commissioners accompt for 2 years as by the particulars and reply of the Petitioners of the 6 Counties of Southwales and County of Monmouth lodged with the Honourable Committee of Plundred ministers may more fully appear Quaerie 3 It is humbly desired that the honourable Parliament will take notice That the Commissioners answer was reported before a Copie thereof granted the Petitioners A particular Book of accompt of 60 sheets of paper mentioned in the report before a sight and Copie thereof likewise granted though the Petitioners moved for it An information against John Gunter reported before he was summoned to answer the same or had a Copie thereof The particulars and Reply lodged by the Petitioners with the honorable Committee whereupon the Petitioners craved a Commission to examine Witnesses left out of the Report though once ordered to be reported And this Report made before any one Witnesse examined or Commission issued forth And untill Commissions be issued forth and Witnesses examined whereby matter of fact may appear It is humbly lese to your Honours consideration whether your Honours will think fit to continue the same powers on the same persons since their proceedings for the last 3 years have given so little satisfaction to the Country and the State in relation to the vast revenues there received Proposalls humbly offered touching the future disposall of the power given by the said Act. 1. It is therefore humbly offered to your Honours grave Consideration whether or no it be not more of publique conveniency That the power Ecclesiastick given by the said Act be vested in the honourable Committee for Plundered Ministers the Lords Commissioner● of the Great Seal of England for the time being and Sir John Thorowgood and other the Trustees named in an Act of the 8th of June 1649. Intituled An Act for providing Maintentanance for Preaching Ministers and other piou● uses in the same manner as it is already in England versted upon the said honourable persons being persons of known integritie and honour and not of such personal relations in Wales with such speciall power and direction therein for the better carrying on and managing of so great and weighty a work as to your Honours wisdom shall seem meet 2. That as to the power given by the said Act to the Commissioners therein named to Act as Committee of Indempnity for as much as the Parliament have by their severall Acts of the 23. of June and the 8. of October 1652. vested the same in Samuel Moyer Esq and other the Commissioners therein named as well in England as in Wales It is humbly left to consideration whether the same power may not be still continued in the said persons 3. As to the power given by the said Act for Arbitration For as much as the Parliament have appointed Iudges Iustices of Peace and other Magistrates in Wales and elsewhere to execute the Laws of the Land by safe and setled rules intrusted in discreet persons bred in the knowledge of the Law It is likewise left to consideration whether the same power may not still continue in them and no otherwise in the same manner of formerly FINIS