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 [Page 2]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.

• 3. The very same matter is vested in the honourable Commit­tee for Plundered Ministers at Westminster, for the disposall of promotions in England; and the persons of that Committee are all Members of Parliament. The greatest part of the Commissi­oners in the aforesaid Act for Wales, yea, all that meet to act by virtue thereof, except two persons, are not members of Parlia­ment, and in regard of their severall relations and Interests, if not Judgements, are the rather subject to partialities.
• 4. Neither is their meeting in Wales a lessening of Charge; their meeting in Southwales being at Swanzey, in Northw [...]les at Wrexam, 70 miles distant from the persons that are many times summoned to attend them; The Committee for Plunde­red Ministers being far more certain, and quicker for their dis­patches, and more moderate for Fees allowed to their Officers.
• 5. It is unusuall in the English Government to make Natives Iudges in their own Counties, & (under favour) at this time most unseasonable, the late differences having rendred Neighbors and Countreymen lesse affectionate to each other than former­ly, and such power may occasion private vindication more than discharging publique Trust, especially (as it is observed) in ma­ny of the Welsh Nation, so impower'd.
• 6. The Commissioners named in the said Act are to act in any part of Southwales & Northwales, so, that it iss possible that those Commissioners living in the remotest place of Southwales may summon persons living in the remotest parts of Northwales, and so those of Northwales the Inhabitants of Southwales.
• 7. The persons of Southwales nominated Commissioners in the said Act, are for the most part from two Counties, (1) Breck­nock, Caermarthen, Pembrook and Cardigan having but 5 Com­missioners inhabiting in them.

The manner of proceeding directed by the Act is

• 1. That 5 Commissioners may examine and eject, &c.
• [Page 3]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 [Page 4]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 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.
• [Page 5]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.
• [Page 6]
  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 [Page 7]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 [Page 8]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.

• 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.