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.

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 ſine1. 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.