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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

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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