Twelve queries, Text
Twelve QVERIES OF Publick Concernment Humbly ſubmitted to the ſerious conſideration of the Great Councell of the Kingdome.
By a Cordiall Well-wiſher to its Proceedings.
1. WHether it be not a Work of extraordinary Neceſſity and Benefit to the whole Kingdom, to aboliſh and reform all unneceſſary Delayes by Protections, Eſſoynes, frivilous Pleas, Demurrers, general Writs of Error, Motions in arreſt of Judgment after Verdicts upon full Evidence, Injunctions in Chancery, and the like, in ſuits and proceedings at the Common Law; and to take away all arreſts and reverſals of Judgments after verdict for any defect of form, or meer miſpriſions or neglects of Clerks, Attorneys, Councel, and the like, which the Client could not prevent? Whether it be not requiſite to take away the allowance of Clergy in all caſes of Felony, ſince Biſhops are aboliſhed? it being a meer Relique of Popery, allowed only to Men, not Women, though guilty of the ſame offence; and a badge of great injuſtice, to condemn and execute one Felon, only becauſe he cannot read, and ſave another guilty of the ſame offence at the ſelf-ſame time, only becauſe he can read his Neck-verſe, or the Ordinary (againſt truth and conſcience) affirm to the Judge, Legit vt Clericus: whereas in reaſon, he that can read, deſerves rather of the two to dye, becauſe he is more learned, and ſo more capable of inſtruction, then he that cannot read at all. And whether it be not juſt, equitable, and beneficial to the Republick to make intailed Lands liable to juſt Debts, Statutes, and Judgments, as well as Fee-ſimple or Chattle Leaſes? And to bring Gentlemen and others that are no Merchants or Tradeſmen, who lie in priſon or obſcure themſelves refuſing to pay or compound their juſt debts, within all the Statutes of Bankrupts, as well as thoſe who live by buying and ſelling?
2. Whether the ſpeedy regulation and ſettlement of the juriſdiction of all Courts of Juſtice Civill and Eccleſiaſticall, and of the exorbitant Fees of all Clerks and Officers in them, and in both houſes and all Committees of Parliament; and the Rectifying of all Extortions and Abuſes in Common Goales and Priſons, much complained of, be not a thing of ſuch preſent publike Neceſſity and Utility, as admits no longer delay, and deſerves the Parliaments ſpeedy conſideration? And whether it wil not be an excellent ready means to reform abuſes of Common Goals and Priſons, to make them all Houſes of Correction and Common-Work-Houſes, where all Felons and Criminall perſons of ordinary quality ſhall be enforced to work for their living during their impriſonment, and receive due correction in caſe of refuſall, to keep them from idleneſs and other Vices; and to provide Preachers to inſtruct them there?
3. Whether a new Coronation Oath, with ſome effectual clauſes to ſecure the ſubjects Liberties againſt the Invaſions of pretended Royall Prerogatives, be not ſimply neceſſary for our future ſecurity; the old Oath having been altered in ſome materiall things? And whether an Oath enjoyned by the Houſes to all their members, in all publike and private cauſes that come before them in the Houſe or at Committees, to proceed and Vote according to the merits and juſtice of the cauſe, and the beſt advantage of the Commonwealth, to the beſt of their skill and judgement, without any fear, favour, hatred, affection or partiality; would not give much ſatisfaction to the people, and prevent all ſcandals and jealoſies of partiality and affection under which ſome Members and Committees may elſe ſometimes chance to ſuffer?
4. Whether it would not be an Act of noble Juſtice and Equity, for the Parliament to take ſome ſpeedy courſe to ſatisfie the juſt Debts of ſuch wel-affected Perſons, (who are now fallen into great neceſſity, and ready to periſh for want) freely lent long ſince upon the publike faith, before they ſatisfie arrears or pay Debts to any Members or Officers, who are in no ſuch preſent Neceſſity, and have gained much by the Wars; ſince many of the richer ſort are to be ſatisfied their publike faith, out of the Exciſe and ſale of Biſhops Lands?
5. Whether the ſpeedy ſuppreſſion of al ſtanding Country Committees & their Troops (againſt whom there are many grievous complaints) erected onelyonly in caſe of neceſſity, be not abſolutely needfull, both for the peoples eaſe and contentment, the expediting of the Accounts of the Kingdome, the reducing all things to the Ancient courſe of Juſtice, the preſervation of the remaining Breeds of Cattle, ſheep, horſes, and Stocks of the Kingdome, almoſt deſtroyed by them and their Agents, the true cauſe of their preſent dearth? And whether it be not worth the inquiry, who and what are the reall cauſes they are ſtill ſupported, continued, after ſo many complaints, motions, Votes, and Ordinances drawn in both Houſes to aboliſh them?
6. Whether it be not worthy the Parliaments preſent Examination, how many Companies of Horſe & Foot deſigned for Ireland, have for many moneths taken free Quarter on the Country, contrary to Ordinances, without any Order as yet for their tranſportation; and who have been the cauſes of this great abuſe, that they may be exemplarily puniſhed? Whether many Iriſh Rebels and Cavaleers under a pretext of going for Ireland, have not liſted and kept themſelves in Companies, taken free Quarter, levyed Taxes, and committed many unſufferable Robberies, out-rages in divers Counties, to the great ſcandall of the Parliament, the intollerable oppreſſion and diſcontenting of the people, without any Orders but their own? And whether ſuch (if not ſpeedily disbanded and exemplarily cenſured) may not raiſe up new commotions in the Kingdome, by joyning with the Malignant partie, and other disbanded male-contents; or elſe mutiny the people againſt the Parliament by their Exorbitances?
7. Whether it be good husbandry or policy to imploy ſuch Commiſſaries or Agents in the affaires of Ireland now, who have defrauded the Parliament in that imployment heretofore? Or to ſend proviſions into Ireland from London, Norfolk, Suffolk, Suſſex, the Eaſt & Southern parts, through the narrow Seas▪ (where Pyrats oft times meet with them) at three times the charge of fraight, ten times the hazzard, loſſe, length of time and inconvenience (ſuch proviſions being for the moſt part ſpoyled, or much impaired with long lying at Sea, and ſeldome ariving in due ſeaſon) as they might be tranſported from the Weſtern Ports; and in the mean time to eate out and waſte all the Proviſions of the Weſtern Counties neareſt to Ireland with free quarter of Horſe and Foot, pretended for Ireland, but yet not ſhipped thither in eight or nine moneths ſpace; from whence Ireland and the forces there ſhould and might receive ſeaſonable ſupplys with far more ſpeed, ſafety, convenience, and at much eaſier rates then now they do? And whether it be not worth the Inquiry, what is the true cauſe of ſuch miſcariages?
8. Whether it be not of abſolute neceſſity both for the Parliaments, Kingdomes, Countries ſafety, to put the Orthodox conformable wellaffected party in each County (as the Militia of it) into aſpeedy poſture of Defence, under faithful Commanders of their own chuſing, firſt approved by the Houſes; both to ſuppreſſe the preſent and future inſolencies, mutinies of ſuch diſorderly Souldiers & Cavaliers, who ſtraggle up and down refuſing to disband, the overawing of the Malignant partie, and all ſeditious Sectaries and others, who alelſe may ſoon embroyle us in new Wars? And whether the ſetling of ſuch a Militia will not be a better ſecurity, and leſſe charge to the Kingdome then an Army, or capitulating mercenary Souldiers?
9. Whether the deduction of Free quarter and undue Taxes levyed on the Country by Souldiers out of their pay, will not ſatisfie moſt of their pretended Arrears, if duly examined? And ſince ſew or no Souldiers are ſo juſt or conſcionable as to pay their quarters duly, when they have once their monies in their purſes; Whether it be not neceſſary to deduct all Souldiers quarters for the future out of their pay at every muſter, to ſatisfie the Counties where they billet; and to allow them to take free quarter (who elſe wil take it without allowance or payment for it) and to disband or puniſh ſuch upon complaint, who will not be contented with ſuch ordinary quarters as the Country (in this time of dearth) may reaſonably afford them, at the rates deducted for it out of their pay? Without which courſe and due payment of quarters by the Treaſureis, out of their pay, or each Counties Contributions to ward the Army, upon tickets, or proof of the Free quarter taken upon Oath before the Committees of Accounts in each County, the Country will be totally ruined, and at laſt inforced (as many fear) to riſe up in mutinies, both againſt the Souldiers and Parliament too, as unable to bear the intollerable burden of free quanter, and pay Exciſe and Taxes too, even for that the Souldiers eat and drink at free coſt, as they now do in many places?
9. Whether a ſpeedy examination and exemplary puniſhment of all undue practiſes in Elections already made: and an Ordinance to this effect; That all the Electors of Knights or Burgeſſes for the Parliament, ſhall immediately before their Elections take an Oath, without either fear, favour, or affection, to elect ſuch perſons to ſerve in Parliament, as in their judgements & conſciences are moſt ſufficient, able and diſcreet to diſcharge that truſt for the common good; and that ſuch who either directly or indirectly canvis or make open or private ſuite for any ſuch place, ſhall be abſolutely diſabled to ſit in Parliament, though returned; would not be a ready means to prevent all future complaints of undue Elections, and eaſe the Houſe of very much trouble and the people of long attendance and much expence, now ſpent about Elections; and ſo neceſſary to be Ordained?
10. Whether it be not neceſſary or expedient to redeem all Impropriations in the poſſeſſion of Colledges, Hoſpitals, and Free-Schools, by ſetling demeſn Lands of Deans and Chapters of equall value on them by way of exchange? And whether the ſpeeding of the Ordinance for ſurveying and returning the true yearly value of all Church livings, Impropriations, Deans and Chapters Lands in every County, and for the uniting and dividing of Pariſhes and augmenting the means of ſuch as are incompetent upon the return thereof, will not be an effectuall means for the ſettlement of our Church; and the onelyonly methodicall way to make all livings competent?
11. Whether the ſpeedy ſetling of the great Seal of England in able and truſty hands, the confining the Chancery to its due bounds, the reducing of penall Bonds to a leſſe forfaiture (as 120. l. for not payment of 100. l. at the day to prevent ſuits in Chancery) and filling the Courts up with able Judges, will not prove a great advancement of Juſtice and benefit to the Subject?
12. Whether the delayes and difference about the Ordinance for Oxford will not proove miſchevous to the Univerſity, the whole Church and Kingdome, if long continued? And whether all private differences, ends, intereſts, formalities, ſhould not alwayes give way to publike Accommodations and Advantages, eſpecially in Parliaments?
FINIS.
LONDON, Printed by I. M. for M. Spark, at the Bible in Green … MDCXLVII.
End of the text · William Prynne, Twelve queries (1647)