THE NEW Returna Brevium; OR The Law returned from WESTMINSTER &c.
DIvers are the Speeches of divers Contrivers of a pretended Reformation of the Law of England, according to the diversitie of their opinions, and self-ends premised therein; for the effecting whereof, they would have their several Propositions disputed; som for Alterations, others [Page 2]for Additions, others for Substractions; all for Corrections; but few or none knowing how to mend Magna Chart. more then Magnificat; nor really studying, but how to marr both. Observ how the work directeth it self how it would bee don: For as saith the Mirrour of Justice written by Horn in King Ed. the 1. his time pa. 8. It was ordeined (viz. by King Alphred long before Mag. Chart. or the Norman Conquest) that Right should be don from 15 dayes to 15 dayes, before the King and his Iudges: and from moneth to moneth in the Counties (if their largeness required not a longer time:) And that every three weeks, right should bee administred in other Courts. And every free Tenant [Page 3]had ordinary Iurisdiction, &c. And before pa. 1. The Sheriffs and Bayliffs caused the Free Tenants of their Bailywicks to meet at the Counties and hundreds, at which Justice was so don, that every one so judged his Neighbor, by such judgement as a man could not els-where receiv in the like cases, until such time as the Customs of the Realm were put in writing, and certainly established. And although a Free-man commonly was not to serv without his assent; neverthe-less it was assented unto, that Free Tenants should meet together in the Counties, Hundreds, and Lord's Courts (if they were not specially exempted to do such Suits,) and there they judged [Page 4]their Neighbors. And again pa. 8. It was ordeined, That every Plaintiff have a remedial Writ from the King (who reserved all Pleas of the Crown, and above 40 s to himself) to his Sheriff in this form.
Questus est nobis &c. viz Complaineth to us A. that B doth him such and such wrong, Wee therefore committing to thee our Turn in this behalf, command thee to hear and determine that caus. Their Jurors were Iudges: And why do Judges now at Westminster (that can bee no more absolute Judges by their Commissions, then Recorders of Cities by their Charters, Sheriffs in Counties and Stewards in liberties were by their Writs, at this time when Free English men understood their laws then known [Page 5]and practised in English) usurp more then those Judges did, or these ought? viz. to bee more then onely pronouncers of the substance of Jurors verdicts aswell for Law as Fact; which pronunciation is and ought to be but as a Declaration of Kings assents to the due execution of that Law, which they and their people agreed upon in the great Charter, and its confirmation; to let the people know by these Judges, that then were, and still are, and ought to bee called the Kings or the States, as authorised by their Writs and Commissions to pronounce their Masters consents for their parts to convict the partie guiltie as the Judges of the people (viz. the Jurors do by their verdicts, which are [Page 6]or ought to bee their true sayings both for Law and fact for the peopl'es part & their own; which consents of Kings or States now called Judgements (because a ful conviction of the guiltie of both parts) if denied or delayed after verdicts, to bee pronounced there accordingly, by the Judges called the Kings or States. A Writ to command them to proceed to Judgement, and an aliàs plur and Attachment ought to bee granted by the Chancery-States, as you shall finds in Fitz nat. br. fo. 143. to imprison them till they do it, which is not usually don by themselvs in every caus in Court, but by the protonotarie of cours entred upon Record, unless respite bee required upon good caus shewed. [Page 7]And the execution vvhich ever issueth in the name of King or State relateth to the Judgment, Conviction, vvhich implyeth both the Judgements of Kings or States and people as aforesaid.
Would not therefore the common practice of the Lavvs and their pleadings in English as at first they vvere bee more commodious and usefull to instruct all understanding English men for their ovvn good to becom experimental sufficient Lavvyers in their ovvn causes, then the modern custom of hotch potch French and Latine imposed by Lavvyers for their ovvn gain to instruct fevv others of their ovvn generation, to cheat the universalitie of the Nation of their rights and understandings, [Page 8]and make themselvs, and their Counsels most learned in others affairs.
And again, That every one have a Remedial Writ from the Kings Chancery according to his plaint, without difficultie, and that every one have process from the day of this plaint, without the Seal of Judg or partie. And again pa. 10. That after a plaint of wrong bee sued, that no other have Jurisdiction in the same Caus before the first plaint bee determined &c. And again that al the King's Courts should bee open to all plaints, by which they had original Writs without delay aswel against the King or the Queen, as against any other of the People, for every Injurie, but in case of life, where the plaint held without Writ: Why all at Westminster [Page 9]sit not betvveen terms? And all elsvvhere all the year long? Certiorari's, Corpus cum caussa, suppersedias, &c. issued thence, till the Judges at Westminster can bee there at leisure to determine all matters, vvhich the multiplicitie of rich mens causes so monopolized thither cannot afford the poor to end theirs vvhile they live commonly.
And again page 11. That all Free Tennants shall bee obedient, and appear at the summons of the Lord of the Fee; And if a man caused another to be summoned, elswhere then in Fees of the Avowants, or oftner then from Court to Court, they were not to obey such Summons. Why then should any Free-holder of the Countie of Middlesex, or any libertie [Page 10]thereof (except Westminster, and St Martins legrand London) appear upon Summons at Westminster-Hall, vvhich lately vvas the Fee of the Dean and Chapter of St Peters, and novv is at the States dispose, to vvhom they pleas.
And again page 12. That the Lords of Fees might summon their Tenants by the Award of their Peers, to the Lord's Court, or the County, or the Hundred, at all times that they detein, or denie their services in deed or word; and there they shall hee acquitted, or forfeit their allegiance and all their Tenancie with the appurtenances, by the judgement of the Suitors. And per contra, the Lords doing wrong to their Tenants, shall forfeit their Fee to the Chief Lord, by the same judgement. Observ the Freemen [Page 11]of every libertie then were, as still they ought to bee Judges of their Lords for their fees, aswel as their other neighbors for their tenancies, and to end their differences there within their proper Fees respectively; and why not so still? And so let the chief Officers, Justices of Peace, and others of the Libertie of Westminster suffice for Judges for that precinct.
And page 13. That offendors guilty of death should not be suffered to remain among the guiltless. Why Convicts for felonies, &c. in Newgate &c. amongst prisoners for debt?
And that the Goods and Chattells of Vsurers should Escheat to the Lord of the Fee. This law restored, would enrich the Common-wealth, purge it of [Page 12]many moths & Cankerworms, and teach men to live by their own labors, and not by others.
And pa. 14. That none should bee ordeined Ministers above the number of Churches; and that the poor should be susteined by Parsons, Rectors, and Parishioners, so that none should die for want. How many die so daily now adaies within every parish and parsons view? So much and more affirmed by Master Horn to bee the Common unwritten Lawes and Customs of England before Magna Charta; the Lord Coke in his preamble to his Institutions upon it, saith, It is but a written Charter, or Declaration in writing of the antient laws of this Land, agreed upon by King and People to bee published, and preserved inviolable [Page 13]on both parts for ever, and no new law made. Hereby further appeareth what hath been said of the agreement between King and People, that none should be judged by the Kings Judges but by verdict of their Peers, called in this Charter due process of Law. In and by the 9th Chap. of which Charter, it is declared, That the City of London shall have the old Liberties and Customs which it hath used to have; Moreover wee will, and grant that all other Cities, Burroughs, Towns, and the Barons of the 5 Ports, and all other Ports shall have their Liberties, and free Customs. Are not all these Liberties and Customs grown obsolete, and daily over-ruled at Westminster? [Page 14]And in the first confirmation of the said Charter 25. Ed. 3. ca. 2. It is further declared, That all Instices, Sheriffs, Majors, and other Ministers having the Law to guid them, (viz. Mag. Chart. Forest, then written and published) shall allow the said Charter to be pleaded before them in Judgement: and cap. 2. That if any judgement shall bee given henceforth contrarie to the points of the great Charter, it shall be undon: where upon (saith the Lord Coke) the Laws of the Realm have the office to guid the Judges in all causes that come before them, in the wayes of right Justice, which never yet misguided any that certainly knew them, and truly followed them.
By these Collections of Mr. [Page 15] Horn before Magna Charta, and Confessions of the Lord Coke since, sufficiently appeareth That the Laws (if published to the people as they ought) would bee sufficient to guid them all, in all the right wayes of Justice. But the Justices at Westminster that would guid the Laws, as Popes Scriptures, by their own Interpretations, having purposely disguised them in Pedlers French, and barbarous Latine, that few but themselvs can construe; and forms so errorable as they can devise for themselves to mend when they list; which hapneth somtimes for the rich, but rare or never for the poor; and thereby denying, delaying, and selling Justice at their own rates; And their Frye, sitting [Page 16]in the hous, are the subverters of the Laws, as their Predecessors alwaies were, and thereby the continual causers of all the Civil Wars of England; and besides all that, (under color of Justice) murtherers of more English men then all the Wars, Plagues, and Famine, vvhich reigned in their times, destroyed vvithout them: Witness their Statutes made and mainteined against Magna Charta, for their murthering of Debtors in Prisons, vvith tortures and famine, vvhen their extortions and their Gaolers have left them no means to buy bread: And for the unlavvfull divorcing, scattering, and starving of their Wives and Children by the bargain, and [Page 17]robbing their Creditors of those means that should pay their Debts in part, or all; and for protecting of Cheators, that take their Prisons for Sanctuaries, to leav so much of other mens estates with the right owners curs and their heirs, to their posteritie, as their Judges and Gaolers extortions and their own riot cannot consume in their owne time; As also their last Acts formerly mentioned for releas of Prisoners, which intangle their bodies and souls more then before; And many other Statutes to intricate the Laws with such contrarieties, as none but such as have the Genius of their makers can reconcile: which when it is don, tendeth wholly to make themselvs [Page 18]great and rich, and the People their slaves and beggers.
For Remedie whereof, it is to be desired in the name and right of the publick, that the Hous would bee pleased to bee swept and clensed of such cobs, and cob-webs, and to vote and vomit out of the sanctifi'd bowells of that sacred Senate those execrable excrements that poison their intrailes, and deliver them to publick Justice, which their ravenous lives, and extorted possessions suffice not to satisfie; but may in Gods mercie appeas his wrath, stay his Judgement, and expiate this Land of that wickedness which they have wrought among us, and accumulated upon us.
This don, The work followeth, and teacheth it self [Page 19]how it would be don as aforesaid; declaring it self that frustrà fit per plura, quod fieri potest per pauclora: vain is the labor of many workmen, where few may serv the Turn with far less charge, and more conveniencie. And breiflie, vain, expenceful and too burthensom to this Common-wealth are the severall Courts hereafter mentioned, upstarted over us, one after another, since the first publishing of Magna Charta, as Heresies sprung immediately after, if not with the first preaching of the Gospel: viz. Out of the Court lately called the King's Bench, issued the Common-Pleas, and the Eschequer, which took their leav of it in Magna Charta, and left it to follow the King; and so I conceiv it [Page 20]ought to do still, for that there is no use rightly to bee made of it, but to hear and determine the Pleas of the Crown, which the Lord Coke upon Magna Charta saith were wont to bee determined by Stewards in their Leets, Sheriffs in their Turns, Recorders in Corporations, and countrey Judges in Signiories, which had jura Regalia; all which now, Justices of Peace having more power in matters determinable by common Law, then Justices in Eire had (if rid of the sovereigntie usurped over them by their fellow-Justices, their Certioraries, &c.) may eas of much labor. Moreover, the chief Justice of this Court ought to bee but the King's deputie by writ; and no King in [Page 21]beeing, no such Deputie can bee. Hugh de Burgo Earl of Kent, chief Justice under King Henry the 3d took his oath with his Master, to observ and maintein Magna Charta, and soon after persuading the King to break it, became the first Perjurer of his place in that point; as the Lord Cook upon Art. sup. Chart. declareth at large. Since which time, the practice of this Court, beeing but to murther debtors over whom it hath no jurisdiction, and consequently perjurie and injurie to the Common-wealth; why may it not bee spared as well as the King? While (as saith the Lord Cook afore-said) all Majors, &c. have the Law to guide them, and now Englished unto them, where then can bee [Page 22]the desect of Justice, but in the Justices (as before) that will not execute them? since it is Law it self that the Laws are to bee interpreted so, that there shall bee no failer of Justice to the people. And few or no Laws besides Magna Charta, and it's confirmations, will serv to do that without those superfluous number of volumes which Lawyers have contrived for their own Reports of Cases, and crastie disputes, arguments, and cavils pass'd among them; but to bee used by such as have minde and leisure to read them, as Divines may the Works of the wantonest Poëts, to pick out their flowers for their Pulpits, and leav their scurrilities to others of their Autor's genius. Or as Interludes, [Page 23]in which all parts were not all bad, and though all prohibited to bee publickly acted, yet may Terence bee read in Schools.
And may not those Statutes that relate to the Justices of either Bench, &c. bee executed without them, aswel as those that relate to the Bishops, are without them? And this Court thus spared, will spare the Common-wealth in fees and extortion above five hundred thousand pound per Annum, besides unknown bribes, and their known salarie of 4000ll. per Annum, as Sir John Lenthal and his 4000 prisoners or thereabouts, between Thule and Callicute; and Mt Henley with his hoste of Scribes, whose Van is at Michaël's mount, and Rear at Barwick, (if convented, [Page 24]and compell'd to consess truth) can declare at large.
The Chancerie was no Court of Judicature, nor personated by a Lawyer, but commonly by a Monk, or Bishop, (as wee have seen lately in England and Ireland) whose office was to follow the King with the Seal, and to seal Writs gratis at the King's cost, as the Lord Coke affirmeth, and Rast. fol. 65. citeth the Statute of Art. super chart. and sheweth that the breaches of those Articles were the first thing given to the power of the Chancellor to judg of (who beeing likely a a Bishop, had charge as a Bishop by virtue thereof, to excommunicate the breakers thereof:) In the 36th year of the reign of King Edward first, cap. 4to from [Page 25]which little fountain sprung that Nilus that ever since overfloweth all England, not onely once every seven years, but seven times at least in every year. The Chancerie (a Court of Conscience forsooth) raised upon pretence of equitie, and relief to such as complained of oppressions against the breakers of this Statute, which vvas the first confirmation of Magna Charta; and no sooner thus raised, but it despised both its raiser, and the caus, extolled it self, and overtopped all the Courts of England; disusing to grant the antient Commissions in Eire to vvhom their Counties chose; and of Oyer and Terminer to any that had occasion to use them, as lavvful vvas according to Fitz Herbent [Page 26]Nat. brev. fo. 112. and Cromp. s p. fol. 51. and all Writs to any vvithout excessive sees, and extortion, contrarie to all laws, the Oath of a Judg, and the practice of the office it self, as it was formerly gratis: and neglecting to send Magn. Char. to every Sheriff yearly, to bee read four times in full Counties, and to every Church to bee read twice yearlie: And the writ set down by the Lord Cook to bee issuable to all Sheriffs to apprehend all subverters of the Law, and to commit them to the common Gaol; which I consess is politickly forborn, least Chancellors and and the rest of their brother Judges should bee taken for the chiefest delinquents in that kinde, and carried from Westminster [Page 27]to Newgate as (I dare swear) they have often deserv'd: But when I consider how ready their supersedease's are to Sheriffs, Justices of Peace, &c. when they pleas, and their Injunctions to stay Suits at common Law, (most proper to bee determined there) and the disregard they make of the late Statute of 15to Hen. 6. 4to which forbiddeth them such matters, I confess no need they have to fear Sheriffs to displeas them; but marveil how they can bee so uncharitable, as to separate mercie which they call equitie, from Justice, beeing that as Justice without equitie is merciless rigor, so Equitie without Justice (if any such could bee) would bee an unjust iniquitie, and both these (notwithstanding they would [Page 28]seem to divide Equitie from Justice) are found individuals in Chancerie, as Equitie and Justice were in Courts of common Law, before Chancerie was; and so ought to bee still, as Mercie and Justice ever were and will bee in the individual trinumine chief Justice of heaven and earth, whose mercie is above all his works; but Chancellor's works are commonly above all mercie, when they can finde no time, normeans to end any Caus, till both parties finde the end of their money, and their time lost to gain Lordships to Chancellors and their Heirs, for who saw a Lord Chancellor but had a Lord Baron at least to his heir, except Sr Francis Bacon: and who saw againer to himself, or his heir [Page 29]by a Suit in Chancerie, except it might bee John Johns the cunning Merchant, or one that had less right to land then Keeper Coventrie could think fit to purchase in his man's name, and yet gained a precious decree against the right owner. Wherefore this two door'd ordoubleleav'd Court of Chancerie and Rolls, beeing most pernicious to this Common-wealth, wch it generally beggereth to enrich it self by encroaching upon all mens liberties, and drawing all those matters to Westminster which might bee decided at home, with far more speed, justice, equitie, and conveniencie; and less charge, pains and attendance to both parties, where they are best known, or to bee [Page 30]known in their own Court. Let this Court bee spared, with the other, and the Common-wealth will bee further spared of the treble charge of the former yearly, as the Warden of the Fleet and his prisoners, (as numerous as the Kings-bench men) and the numberless Armado of Chancerie Caterpillars can sufficiently witness, if they pleas: whereof one thousand pounds per annum would bee a competent salarie for a Keeper of the Seal, and fiftie pounds per annum for his man to attend it: And another thousand pounds per annum to ten Clerks to do the office of six, (antiently blew bonnets, two thousand pound per ann. a piece or more) with allowance of Parchment, ink, wax, candles, firing, lodging, [Page 31]and a fit office to write all necessarie Writs for all the Common-wealth. And the Clerkships of the Crown and Hanaper may bee united in one person, (as in Ireland they were in Mr Edgworth, and since in Mr Carleton) who may bee thought worthie of five hundred pound per annum, and all accommodation for his office, without anie fees; and fortie pound per annum a piece for three under Clerks to assist him to dispatch all businesses belonging to either of the said offices without fees likewise.
The Court of Common pleas at Westminster would bee as wel spared as anie, for that all Common-pleas are common to all Courts in Cities, and Counties, and ought to bee tried [Page 32]there, (as the Lord Co. upon Magn. Char. on the Countie Court confesseth) which sparing, would spare the Common wealth per annum no less then the greatest of the former two.
The Court of Exchequor reduced to it's proper jurisdiction, officers, and fees, concerning the publick Revenues, may bee continued for that service onely, and suffice to maintein the Warden of the Fleet, and som of his men, to walk between the Fleet and the Court, to guard Chequer-Accomptants to their Quietus, and this would spare the Kingdom another Ten thousand pound per an. as the Wardens of the Fleet, the two Remembrancers, and Mr Long can tell.
Courts and Justices of Assizes, Nisi priùs and Gaole-deliveries, are as necessarie for England, as Landlopers for the Netherlands, where the Boars claw their backs, and their dogs bite their shins for their intrusions: or as droans are to Bee-hives, whence the Bees have good caus to chace them, for devouring their honey. For all matters of Assizes and Nisi priùs belong to Countie Courts, Hundred-Courts, Courts Baron, and Corporation Courts (as the Lord Coke confesseth as aforesaid) and Cromp. affirmeth in his jurisdiction of Courts, fo. 240.) and matters of Gaole-deliverie belong to Sheriffs turns, Leets, and Sessions of the peace, as the said Autors affirm, and [Page 34]the Commissions of the peace and Charters of Corporations can prove and warrant. Wherefore those three Courts spared (as well they may and ought) the Common wealth will bee further spared of two annual Visitations of severall swarms of Westminster locusts, the charge whereof I refer to the consideration of them that bear it and usually pay it.
The Court of the Marshalsey raised to that exorbitancie that King James and King Charls did, may and ought to follow their fortunes and their housholds; and more I shall not say of it, but that it is full of extortion and injustice, being never owned by Law beyond the verge, and that being vanished with the Kings person; [Page 35]so ought that Court. The sparing of this Court would spare the Commonwealth a great deal of charge more then I can calculate; but Mr Say an honorable Member of the House may advertise the rest thereof, with the advice of Mr Serjeant Green, and others late Judges and officers of that Court.
The sparing of all these Courts, and the charge thereof amounting to, if not surmounting three millions per annum, and the confirmation of Mag. Cart. and the Petition of Right, once more by this Parliament, would also spare to the Commonwealth, and its better service, the lives and imployments of many thousands of able men wrongfully [Page 36]imprisoned for debt, and convert the lives and imployments many thousands of Attornies, Sollicitors, Gaolers, Catchpols, Decoyes, Setters, &c. to better uses both for their souls and bodies, and for the publick benefit. Then Sheriffes Turns, Hundred Courts, Leets, Court Baron, Sessions of peace, and Corporation-Courts, restored to their ancient and right jurisdiction, which fall to them of themselvs, which when those aforesaid are taken away, would be all-sufficient, and onely necessary to hear and determine all the causses of England, reserving Appeals to such as shall have caus, to Parliament or Commissioners of Oyer and Terminer to bee assigned, as Fitz H. and Cromp. affirm anciently lawful, and [Page 37]usual, proof being made first of the partialitie, or injustice of the proper Court, and no bare accusation, allegation, or presumption to serv for the issuing of such Commissions as now is used. Except causes proper for Coroners, Escheators, Pipe powder Courts, & Clerks of the Market; of whose misdemeanors, Justices of Peace have power to hear & determine, but not to hinder in due execution of their Offices, which are all necessarie in their kinds in every Countie, and specially Coroners and Clerks of the Market the first for discovering of murthers, &c. whereof God requireth an exact account, (as Scriptures and Reynolds History sufficiently witness. And the other for the punishing of [Page 38]frauds in weights and measures, which Solomon saith are abominations to God; yet nothing more common amongst us, the more fearfull his judgements upon us without timelie repentance and future amendment. And for the superintending of the defaults of those that have power to correct such offences, and do not.
All these Courts Officers and Offices that are thus necessarie will bee no more chargable to the Common-wealth hereafter, then alwaies they have been hrretofore, but as useful now as ever; and more profitable to the Common-wealth now, then ever before, becaus that in this time of Reformation, these Officers, as others, beeing chosen of approved persons for [Page 39]their Integritie, will endeavour (like their Superiours) the amendment of all offences, which they have power to chastize; whereas their Predecessors (imitating their Superiors) to their own ruine, intended their own private gain by publick transgressions, and to that end increased iniquities in themselvs, and others.
If any offer to plead, or object the customs and usages modernly observed time out of minde, against this reducement, and restauration of the Law, and its practice, to their antient usages; I ansvver, Mala Consuetudo non est observanda: An evil custom is not to bee continued; and Customs against Lavv are unlavvfull to be used: And to vvhat end is Reformation, [Page 40]but to take avvay such customs? And Statutes lately made to support them, by those that raised and used them, for their own gain & others dammage? contrarie to all the Laws of God and Man, and especially of Magna Charta, and its confirmations, vvherein appear the right and Primitive customs and usage of this land, agreeable to them, claiming therefore to bee restored, as in Justice they ought, and the other to bee abolished, as likevvise they ought.
And being com to speak of antient Customes to bee restored, & modern to bee abolished, I cannot chuse but remember the Poor, (as most men do) in the last place: for it vvas a custom as antient as Christianitie, [Page 41]for Christians to give lands, moneys, and goods in a large measure to relieve the poor, till Monks, Friers, and other Abbey-lubbers (as unsatiable, as idle) dulled mens charities with their continual beggings in the name of the poor, and grew sacrilegious, robb'd spittles, made that which was common to the poor, as well as themselvs, proper to themselvs, and gave out of that which was none of their own, for assistance to countenance that Sacriledge, the first Fruits, Tenths, &c. to the Pope, who had as much right thereunto by their gift, as the Devil; and consequently King Henry the 8th. as much as the Pope, and his successors (whether Kings or States) as much [Page 42]as hee. Whosoever conceive's I write too boldly, or speak too plainly herein, let him read (not onely Histories forraign and domestick, but) the Records and Statutes, extant and in force amongst us, videlicet, That of Carlile de Asportatis Religiosorum 35to. Ed. 1. And that de terris Templariorum 17o. Ed. 2 And those of the dissolutions of Henr. the 8th. between which first & last hee may finde manie more to inform his conscience, so that his heart may think, his tongue speak, and pen write much more then I do in this matter: All that I desire is, that the poor may be looked upon, if not with an eie of pitie, yet with an eie of wisdom, taking notice that if the wedg of Achan bee not enquired for, discovered, [Page 43]and recovered, the Nation may rue it: And that Popes, Kings, Bishops, &c. that cared not how lean they made the poor, while they might make themselvs fat with their provisions; and those that exspected their reversions, have caus by this time to bee sensible of their Sacriledg.
And that therefore the Spirit of Reformation would bee manifested in the works of Charitie; and if such as have griped the patrimonie of the Church into their claws, can finde in their hearts to restore to the poor no part of that interest which all the said Statutes and manie more, and all the writings of the Fathers, and manie of our own modern Bishops (who unjustly detained [Page 44]all they could from them) abundantly confess and testifie they ought to have in all Ecclesiastical possessions, not as the Alms of the Incumbents, but as their own rights by the express wills and donations of of the Primitive Founders of Churches, Hospitals &c. and other devout Donors, and Benefactors to such places, from time to time so excessively bountiful to the Clergie and Corporations for the poors sake, that the Statutes of Mortmain were made to restrain them.
All which notwithstanding the Clergie possessed no less then a third part of England and France (as Sir Walter Rawleigh and Sir Nathanael Brent have written) but not to [Page 45]their own uses (as they wickedly converted it) but as Administrators to and for the poor, as the same Autors, all the Fathers, and Littletons Tenures de frank Almonie, and Tenant in common sufficiently witness. Yet may the Parliament bee pleased that Commissions for charitable uses bee granted to discreet persons throughout England and Wales, not without Fees, wages, and accommodations for themselves and their Officers, competent for their attendance in that service, and loss of time in their own affairs, being Charitiie beginneth at home, and no man can or ought to neglect his own charge to follow others profit gratis, which mkaeth the Commission now [Page 46]in London and elswhere ill executed, as the distressed of Ireland by wofull experience can lamentably verifie. Nor let the number for a Court exceed 3, for the eas of the charge, which must bee either charitably allowed and paid by the State, or deducted (as the late Lord Privie Seal in the book of order approved by the Councell Table 6to Car. and the Additional Act for the Sabbath, &c. declare to be lawfull for prosecutors) out of the poor's right. Nor let such Commissions be limitted by the Statute of 43 Eliz. 4. as now it is, which Statute appeareth by its exceptions and jurisdictions reserved to Bishops and Chancellors to bee a Prelatical Chancerized confederacie to delude [Page 47]and defraud the poor at their pleasures; witness the heaps of lost labored decrees made thereupon, remaining unexecuted in the Petty-bag Office. And Philip Thomas his experiment in the carriage of many thereof in Abbots, Lauds, Coventries and Littletons reigns; which hee may declare the freer since the death of those Lions. Nor let the Clerk of they Crown for such damnable Fees, and extortion of 50 s or more, as is now used for a Commission for every County, be allowed, but as it is used for Commissions of the peace, which if don gratis, would bee more charitably don for the poor, then for Justices; and hee may shorten his labor by making one Commission [Page 48]for severall Counties for charitable uses, which he may not do for the peace for divers reasons. Nor let such Commissioners want power in their Commission to put their Orders, Judgements, and Decrees in execution (as all other Oyers and Terminers have) without relation to any other Court then Parliament for any alteration whatsoever. Nor power to punish vagrants, &c. and set such as are able, to work.
This granted, the poor of England, which to the shame thereof, beyond all other Countries Christian or Heathen daily perish in streets, fields and ditches, defrauded of larger provisions made for them by Lawes and Legacies, then any [Page 49]other Nation can parralel, and deluded like Tantalus for his apple, may by this meās be inabled to catch into their emptie, vain, gaping, begging mouths, and hungrie panches, some crums of some Alms-houses, to prolong their daies, to direct their praiers for their benefactors, to ascend like sweet incense to the Lord, in stead of the unsavouriness of their putrified members, to annoy their oppressors and offend others; And such as are able to work, may bee imploied for benefit to themselvs and others, and so the streets and fields bee cleared of those loathsom sights and importunate clamors which Forrainers admire, and Domesticks abhor, yet neither help: All which I humbly submit to all honorable, [Page 50]charitable, and religious considerations, which God guide for his own Glorie, and their own good, Amen.