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, others2 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 Te­nant3 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 judged4 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 known5 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 are6 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. 7And 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,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 Weſtmin­ſter9 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 libertie10 thereof (except Westminſter, and S^t Martins legrand London) ap­pear upon Summons at Weſt­minſter-Hall, vvhich lately vvas the Fee of the Dean and Chap­ter of S^t 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 Free­men11 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 of12 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 invio­lable13 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? 14And 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.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, ſitting16 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, and17 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 themſelvs18 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 ſelf19 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 it20 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 in21 beeing, no ſuch Deputie can bee. Hugh de Burgo Earl of Kent, chief Juſtice under King Henry the 3^d 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 bee22 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,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 4000^ll. per Annum, as Sir John Lenthal and his 4000 priſoners or thereabouts, between Thule and Callicute; and M^t Henley with his hoſte of Scribes, whoſe Van is at Michaël's mount, and Rear at Barwick, (if convented,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 36^th year of the reign of King Edward firſt, cap. 4^to from25 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 Herbent26 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 Weſt­minſter27 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 15^to Hen. 6. 4^to 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 would28 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 S^r Francis Bacon: and who ſaw againer to himſelf, or his heir29 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, w^ch 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 bee30 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,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 M^r Edgworth, and ſince in M^r 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 tried32 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, and34 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;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 M^r 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 wrongfully36 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, and37 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 of38 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 for39 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,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,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 8^th. as much as the Pope, and his ſucceſſors (whe­ther Kings or States) as much42 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 35^to. Ed. 1. And that de terris Templariorum 17^o. Ed. 2 And thoſe of the diſſolutions of Henr. the 8^th. 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,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 detained44 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 to45 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 now46 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 6^to 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 de­lude47 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 Commiſſion48 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 any49 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,50 charitable, and religious conſiderations, which God guide for his own Glorie, and their own good, Amen.