To the Right Honourable, THE LORDS, In the High Court of Parliament assembled.
THe humble Petition of the Cause of the poore Alms-men of East-ham now depending before your Lordships, together with a Letter to the Right Honorable the Lo: Grey of the Chaire from the Honorable standing Committee of Chelmsford in the County of Essex. Sheweth the difficulty and great charge the poor are and have been at to get their Pensions paid them, and also how uncertainly it is to be paid hereafter.
It ought to be paid quarterly; but there is now our Lady day, Midsummer, Michaelmas, & almost Christmas due. And the poore notwithstanding the help of the said Committee at Chelmsford, and all other meanes they could use, have gotten but 6. l. of the said Lady daies rent, 4. l. of Midsummer▪ and 4. l. of Michaelmas rent paid them, being but the summe of 14. l. which is all that five poore men have had to live upon these twelve months, there being justly due unto them 40. l. per ann. from the Tenant, according to his covenant with the Lo: keeper, and Mr. Draper, son to the Lady, and Mr. Coniers, Purchaser. And the Tenant his positive Answer to the Committee, is, That he will pay no more.
They therefore most humbly pray your good Lordships to passe your judgements upon the point in Law, and matter of fact or equity, submitted to your Lordships judgement, & give a finall determination to their said Cause.
And they as in duty bound shall ever pray, &c.
In further consideration of the said Cause, may it please your good Lordships to vouchsafe to peruse some particulars of the proceedings thereof.
1. It was brought from the Honourable House of Commons, by Petition to your Honours, and not dismist.
2. It was read before your Honours, and referred to the Lo. Brampston, who did certifie that the purchased Land was not of value to the devised Land, and above 30. miles distant from the Poores Almes-houses. And the point submitted to by your Lordships judgements, was, Whether the poor might have the first devised Lands, which was of better value, and more convenient, or must accept of the other.
3. Your Lordships hearing it againe, then the Sense of the House was to all that heard of it, That your Lordships intended the poore should have their Land that was first devised: And ordered that the Judges, and the Kings Councell should certifie whether your Lordships had power to alter a Decree made by he Lo: Keeper without an Act in Parliament, which cost the poore some charge, and trouble to be resolved.
4. The Judges did certifie that your Lordships had power to alter any Decree that was contrary to Equity and good Conscience, as that was.
5. The 10. of August then following, your Lordships appointed to heare the said Cause againe; and as we apprehended it, to judge and determine the point submitted to your Lordships: and therefore came unprovided of Witnesses, or Councel to open the point in Law, and matter of [Page] fact, to your Lordships; Onely one Councel to open the point in Law, (conceiving the proofes had been sufficiently made before) which was, that a personall trust dieth with the person trusted: And that no Purchaser can act that, that the Trustie should have done in his life time; especially when the Purchaser hath confirmed the trust by his owne act, and with his owne knowledge, approbation, and joynt consent, as the Lady Kemp did with Sir Giles Allington in this Cause. All these are at large in Print, if your Lordships please to command them.
6. There no Age, Time, Chronicle, Record, neither in Parliament, nor out of Parliament, that can shew that a Case so honest, just, and lawfull, hath been so many yeeres heard, read, debated, and approved of in both Houses; referred, certified by witnesses and sufficient testimony, that ever was dismissed a Parliament without reliefe. But our hopes yet are, that the justice of a Parliament will not permit so unjust an act as this of the Lady Kemps is, to passe uncensured, wherein is so much Law and Equity as is in this. If your Honours make doubt of it, the Witnesses are yet living to testifie the truth, if they may be admitted to speak, as the Lady Kemps have been.
The Copy of a Letter to the Right Honourable the Lord Grey of the Chaire (to the Honourable House of Peeres) from the standing Committe at Chelmsford in the County of Essex.
THe crying necessities if the poore Almes-men of East-ham, and these continuall Petitions and clamours unto us to help them unto their meanes (which is not in our power) enforce us to recommend their sad condition unto the Honourable House of Peeres, from whom is their onely hope of redresse. And the scituation of the Hospitall within this County, doth in the apprehension of these poore men, entitle us to this boldnesse of interceding for them, and assisting their Petition with these lines. The case is not new to your Lordship, having had severall debates in that Honourable House. But they make it appeare to us by their present miseries, that the intent of the Testator Master Breame, who provided a comfortable subsistance for them at the Hospitall doores, is frustrated (as wee are informed) by the Decree and other orders of Chancery, procured by the meanes of the purchaser the Lady Kemp: which hath put the poore men into a starving condition, whiles they expect their meanes above thirty miles off, being not able to keep Bayliffes to gather their Rent that should feed them, or to sue an untoward Tenant that will pay nothing or very little, but by compulsion. We shall not need to use importunity to that most Honourable House in a Cause so just, and for the poore. And therefore humbly praying your Lordship to acquaint them with this our senes of the case, We present our selves
- Tho. Honywood.
- William Goldingham.
- Henry Holcroft.
- Robert Smith.
- Robert Crane.