a vindication of the case relating to the greenwax fines shewing how the rights and prerogative of the crown are diminished, officers enriched, and the subjects oppressed by the mismanagement of that revenue : also, disproving the allegations used to hinder a reformation thereof, as contradictory to the reports and resolutions of the judges and lawyers, and the experience of persons of all ranks and degrees in all ages. brunskell, percivall, th cent. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of the case relating to the greenwax fines shewing how the rights and prerogative of the crown are diminished, officers enriched, and the subjects oppressed by the mismanagement of that revenue : also, disproving the allegations used to hinder a reformation thereof, as contradictory to the reports and resolutions of the judges and lawyers, and the experience of persons of all ranks and degrees in all ages. brunskell, percivall, th cent. [ ], p. [s.n.], london : . "proved by undenyable matter upon record, against which the law alloweth no plea or averiment." attributed by wing to brunskell. dedication to charles ii signed: p. brunskell. errata: p. [ ] reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng judicial corruption -- england. courts -- england. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the case relating to the greenwax-fines , shewing how the rights and prerogative of the crown are diminished , officers enriched , and the subjects oppressed by the mismanagement of that revenue . also , disproving the allegations used to hinder a reformation thereof ; as contradictory to the reports and resolutitions of the judges and lawyers , and the experience of persons of all ranks and degrees in all ages . proved by undenyable matter upon record ; against which the law alloweth no plea or averment . london , printed in the year , . to the kings most excellent majesty , &c. great sir , i have advised with many eminent lawyers , upon the ensuing treatise , who agree , the statutes , presidents and book-cases to be rightly quoted ; and i know the matter of fact to be truely stated : therefore humbly , and in all duty , beg of your majesty to read and judge how my dear lord , and i , have been mis-represented for promoting your service . your majesties most dutiful subject , yarmouths to the high and mighty monarch charles ii. by the grace of god king of england , &c. most gracious soveraign , without fines and amerciaments , your majesty may have many laws , but no obedience to them : many people , but few subjects . in this age , men obey rather for fear of punishment , than love of vertue : rewards and punishments are the two wheeles , which make the great clock of the kingdom go right : the one keeps the people within the circle of obedience ; the other is the golden spur to glory , and all noble actions . the just rights and liberties of the crown ; like hippocrates twyns , live and die together : therefore your royal progenitors , and their great ministers , ever termed such as blasted these flowers regiae majestatis homicida : every subject within your majesties dominions , at the age of . is obliged to defend them : officers more especially upon every admission into imployments , to discover whatsoever they know or believe to be done or suffered to your majesties dishonour ; eclipsing your prerogative , or deminution of your profits , which made me discover such things as i ( being educated in the practice of the law ) knew to be actually committed and done : and your majesties councel at law , not only reported , that i deserved encouragement , and a liberal reward for the good service performed by the discovery thereof : but countenanced me therein , untill they themselves became judges , or perceived how displeaing it was to forego pretended perquisites , innovated practices and fees ; i have been at continual expence and trouble , besides the loss of my practice , by this long contest ever since october . clyents being unwilling to imploy a reputed enemy to the courts . i humbly beg of your majesty , that the judges refusing to reform the abuses discovered , in such manner as i propose , may not deprive me of your majesties mercy and bounty , seeing the discovery thereof is all that 's required in this case of your majesties most loyal and dutiful subject , p. brunskell . the contents of this book . divers abuses , with proposals following every abuse to remedy it , from page . to page . sir francis norths report when attorney general , in behalf of the said brunskell . p. , . sir francis norths evasions , allegations , or retractions , upon his being made chief justice of the common-pleas . p. . sir charles herboards report , upon hearing what the lord chief justice north , and his officers , had to say . p. . sir francis norths opinion , occasioned by sir charles herboards report . p. . sergeant maynards opinions , and retraction . p. . saunders several opinions , and how he evaded the same after he was made chief justice . p. . reymonds opinion , and how he sate mute after he became a judge . p. . vpon what occasion , sir william jones , your majesties attorney general reported for your majesties service , that many of the abuses were true , and fit to be remedied , that the discovery thereof was good service already performed , and deserved to be liberally rewarded : and how he and mr. finch , your majesties solicitor general , refused to give the said brunskell encouragement , pursuant thereto for your majesties service . p. , , . how the judges , and barons confirmed sir jones's report , and agreed to make rules pursuant thereto . p. , . how sir robert sawyer before and after he was your majesties attorney general ; argued as councel for , and reported in behalf of the said brunskell . p. . sir robert sawyers allegations , evasions , or retractions . p. , . the judges appointed to meet at the earl of angleseys , to setle orders or rules pursuant to sir robert sawyers first report , because the said earl had your majesties commands to see them made : but the judges disappointed his lordship , and met at serjeants-inn in fleet-street , where the late lord chief justice pemberton declared , that your majesty had no such revenue . p. . why , and wherefore fines and penalties were ordained . p. . several statutes enjoyning the judges and officers to be carefull of fines , issues , and amerciaments , from p. . to p. . oaths now administred to great ministers , and officers , to make them careful of your majesties honour , rights , and profits . to bishops , lord chancellor . p. . privy councellors , treasurers , barons , and judges . p. . justices of peace . high-sheriffs . p. . lawyers , officers , and attorneys . p. . the inconveniencies formerly experienced , when judges sold offices , and took fees and gifts of other than the king. p. , . divers resolutions of former judges and sages of the law , shewing the great veneration and esteem they had of your majesties casual profits . p. , . that grantees by a derivative power , take the small amerciaments ; yet your majesties officers who have certain sallaries to take care of your majesties profits , neglect them . p. . that fines inflicted , fall not upon high sheriffs as alledged . p. . several statutes declaring that officers use many shifts contrary to their oaths and duties , and the known laws of the land , to withdraw your majesties fines , issues , and amerciaments , and increase their fees. p. . examples of king henry the d. . in setling orders for the better management of the green-wax fines . . in assigning it over for payment of his debts . . in allotting his judges sallaries to be paid thereout . and ly . in punishing hubert de burgh , his chief justice , and baron , for neglect thereof . p. . of queen eliz. countenancing carmerthen upon the discovery of abuses in the customs . p. . of king james setling orders upon the discovery of abuses , in withdrawing the green-wax fines , and why officers imbezled or lost them . p. . several ficticious allegations fully disproved and detected . p. . to p. . how the said brunskell , and mr. middelton , are better entituled than their brethren , to be commissioners in the alienation office. p. . the antiquity , and certainty of the duty upon pleas of land , and how it s to be improved , and better managed then now ; and that the said brunskell , and middelton are not to blame for the non-improvement , or better management thereof , from p. . to p. . heriotts and reliefs , fully saved in the crown : the antiquity and great use thereof . p. to p. . the reasons of the law in devesting , judges of their pretended power to sell offices ; and many reasons and arguments , that the judges have no power to sell , or to admit persons into offices durante bene se gesserint . p. , to p. . proposalls humbly offered to your majesty for disposing of offices . p. . . reasons or arguments , to maintain the proposals , good in all points of law , prudence and practice , from p. . to p. . a particular of offices . p. , , , . what the profits of offices amoumt unto , and the nature of the profits accruing thereby . p. . what the profits of greenwax-fines , pleas upon land , heriotts and reliefs amount unto . p. . the nature thereof . ibid. instances which reprove the officers , for remisness in this case . p. , . how judges are misguided by officers and attorneys . p. . errata . page . line . read judicial . p. . l. . read purprestures . p. . l. . r. mortgagees . ibid. l. . r. quia for qui. p. . l. ultima r. commission . p. . l. . r. s . p. . l. . read pr. a. l. . r. praefat ' b. l. . r. praedict ' a. the vindication of mr. brunskel's discovery of abuses , and of his proposals to remedy them . sheweth abuse . that diverse proceedings , whereon your majesties casual revenues arise , are never recorded , because the head officers , forsaking the old practice to record proceedings , ( before any thing be done thereon ) take their own and judges fees upon signing thereof , & leave the attorneys to record them , when , & as they please : whereby they often deceive your majesty of your capias pro fine , and put your subjects to the trouble and charge to record divers judgments upon post-rolls two or three terms afterwards ; but if the paper copies be lost , as some have been , your subjects lose their debts thereby . this may be prevented , if your majesties surveyor , and his deputies may have the signing of all proceedings , for security of your majesties profits , as the officers have , for the security of their own & judges fees ; keeping in like manner a settled office , in or near the seal-offices of every court , for conveniency of attorneys to repair unto . because the surveyor is bound in point of interest , without the obligation of an oath , to be true to your majesties interest ; whereas the head officers interest oppose your majesties : therefore , as judges , and head officers understanding attorneys tricks , not trusting their own fees to be paid according to what the attorneys and practizers ( in the voluntary performance of their oaths and duties ) record , ever subjected them to reasonable methods , upon prudent surmises , without formal tryals and convictions by suits in law or equity , as fully appeareth by the remembrances and records of every court. and the judges frequently stop suiters motions untill affidavits be fyled , and officers fees paid : ergo ( being enjoyned by the statute ed. . to do all reasonable things to procure your majesties profits ) they may subject the officers to this method , or reduce them to the first practice , as your majesties attorney general advised to be done for your majesties interest ; because it 's impossible to know what officers neglect , unless it be known what officers ought to record and estreat . . abuse , that your majesties fines upon judgments quod capiatur , in all courts , amount at least to l. per annum ; but officers ( without any grant or warrant from your majesties royal ancestor's or treasurers ) buy necessaries for the judges , and repair the courts therewith , and detain part as fees due to themselves , and render no accompt thereof into the exchequer , as they ought to do : also oppress poor people , by running them to the outlawry , & putting them to or l. charge in the common-pleas , where your majesties fine is but s. d. and to l. charges in the kings-bench , being forc'd to appear personally , whereby your subjects pay ten times more than your majesties duty . this may be prevented , if officers account in and receive a warrant from the exchequer for their allowances , as other accomptants do : and if officers discretionarily tax , or add to the suitors costs , so much as the fine upon the judgment quod capiatur doth amount unto ; and take a memorandum from the attorney , to take care to see the same paid when the costs are levied , as the officers used to do for their own damage clear ; because costs , by the statute hen. . chap. . may be taxed more or less discretionarily , as they please : and by this means your subjects will be free from paying more than the duty . the present lord keeper , by a derivative power from your majesty , granteth relief even where the laws are deficient : and the statute ed. ( now in force ) enjoyneth his lordship and all the judges to do all reasonable things to procure your profits : and the statute ed. . cap. . provideth where the law faileth of a remedy , it may be supplyed by your majesties writ : ergo , your majesty wants not equitable or legal means to secure your fines , with ease and relief to your subjects , as proposed . . abuse , that officers and clarks , for bribes and rewards , withdraw issues of jurors , which in england and wales amount unto l. per annum ; whereby juries are supplied with indigent free-holders , de circumstantibus , which under - sheriffs or bailiffs , at the instance of their corrupt clients , may have packt : there being little or no time to enquire of their credit , so as to challenge them ; which occasioneth corrupt virdicts : and vexatious plaintiffs frequently make defendants dance attendance two or three assizes , to draw them to comply with their demands ; whereby the gentlemen at first impannell'd being still return'd as jurors , are forced to the trouble , and charge to attend old causes . this may be prevented , if officers to whom it belongs record all the judges orders , as well general as particular , distinctly , in a book , or parchment-roll ; then the officer or clark withdrawing issues without the judges directions , may be easily discovered and convicted : and if under-sheriffs return free-holders to serve in their turns ; then gentlemen in all or most counties will not be returned above once in three or four years , nor be forced to attend old causes . this will make gentlemen willing to be jury-men : and if your maiesty have not many forfeitures , your subjects will be endeared with good juries ; ergo , reasonable . . abuse , that penalties upon actions-popular , and informations , amount at least to l. per an . and the suits ought not to abate , without your majesty or judges privity ; to the end , that the wilful breakers , or non-observers of the laws , or the malicious informers or prosecutors , giving your peaceable subjects disturbance , without just cause , may be punished : but at this day due care is not * taken to record plaintiffs names in actions-popular , and informations , before process for the arrest issue out , whereby litigious persons may sue whom they please , and by instruments under-hand get what they can by private agreements , and the defendants are liable to be sued ad infinitum upon the same account , until the action or information be recorded ; and by the officers neglect to file informations , any person confederating with the criminals , may foist in an antidated information , and plead it in bar to the real prosecutors , whereby your majesty loseth your share of your penaltie ; and criminals , upon breach of penal statutes , escape unpunished ; and your peaceable subjects , being harrassed between officers and malicious informers , or prosecutors , ( for want of a record ) cannot be relieved . this may be prevented by ordering officers to observe the statute eliz. cap. . ( now in force ) enjoyning them to record informations before the process for the arrest issue out ; and that plaintiffs names in actions-popular may be recorded in a book , or parchment-roll , for that purpose , before the process issue out ; and that the like orders may be made in the kings-bench and exchequer , as are made in the common-pleas , to prevent the imbezlement of postea's . . abuse , that fines and amerciaments are never recorded and prosecuted , unless your agrieved subjects , opprest with the artifices of under-sheriffs , bailiffs , and attorneys , add to their own misery , by seeing the head officers to do it ; because the officers fees increase by delatory returns , and contempts , which multiply proceedings , orders , motions , and continuances , which encourageth vexatious defendants to withstand just debts , by suggesting a feigned equity , and pleading fictiously to keep the plaintiffs in suspence three or four years with their own money ; so force them to an easie composition at last : also vexatious plaintiffs are thereby encouraged to be very litigious , keeping defendants from an equitable relief two or three years with contempts , until they swell to commissions of rebellion : because the agrieved subjects , who have no part of any fines inflicted , cannot have them prosecuted , nor make their grievances particularly known to the judges , without great charge and trouble of making affidavits , soliciting , feeing councel , and attorneys : and the worst actions admitting plausible excuses , it is easy for officers to escape unpunished ; which makes your subjects sit down under great oppressions , rather than be at that great expence and trouble to hunt after an uncertain relief . sir philip mountain , high sheriff of yorkshire , experienced it , when he prosecuted mr. benson ( the clark of assizes ) for extortion , & experientia docet sed nocet . it s not the offending , but the offended and grieved subjects that are punished : as for instance , when the first habeas corpus is disobey'd , the parties grieved pay to the judges and officers for every alias & plures s. besides or s. to councellors and attorneys , for fees , motions , and orders ; and under-sheriffs ( or jaylors farming the jayles of them ) prey upon prisoners with diet and lodgings : whereas , if a good round fine were set upon the first contempt , ( though afterwards , upon reasonable cause , remitted or mitigated ) the offenders will then be punished , and the agrieved subjects freed from that expence , and the fines and amerciaments so inflicted upon every contempt of rules , orders , and process , will amount to l. per annum , or officers to avoid them , will expedite suits ; so that your subjects ease & relief will tant-amount what the profits may fall short thereof ; and by the ancient course of courts , sheriffs were ever fined as the law directeth for the defendants non-appearance : for that reason the statute hen. . cap. . impowereth sheriffs to take bail-bond to indempnifie themselves from your majesties fines ; which sheweth , that such bonds ought not to be sued , until sheriffs be actually damnified ; and that the action ought to abate when sheriffs are reimbursed ; but officers and attorneys , to increase their own profits , by projected contrivances , fee under-sheriffs , ( & indempnifie them from your majesties fine ) to assign over such bonds to plaintiffs , to sue , whereby they not only deceive your majesty of your fines , but wrongfully harrass your subjects upon their bonds , because they can only plead to stave off proceedings thereon ; until they can move the judges for relief ; who never grant any , without making them pay all the officers fees , and plaintiffs charges , occasioned by suing such bonds ; also making them give bail to the original action , though the demand be large and fictitious : so that the great expence and trouble of feeing councel , attorneys moving the courts , and the difficulty ; when all is done , to find bail to the original action , especially if they live remote from london , forceth poor people to disadvantagious agreements : and ejectments are practised instead of formedons ; yet the declarations are not compounded in the alienation office , or such fines paid thereon , as were usually paid upon formedons : and by the statute hen. . cap. . common pleas shall not follow the king : ergo , the kings bench may be prohibited to medle therein : and the exchecquer is prohibited by the statute edward . and edward . cap. . to hold common-pleas . the learned lord chief baron hailes endeavoured to over-rule one nosworthys plea , when he pleaded that statute in bar , or by way of estopple , to an action commenced in that court : yet after a long debate , the plea was allowed , and your majesty ought to have a full duty upon every original writ in debt , viz. s. s. per cent. ( as a lycense to sue ) and a duty of d. for the seal of every original . but the courts of kings-bench and exchequer have robbed the common pleas of much business , & seldom or never proceed by original writs . the judges formerly were so tender of your majesties profits in performance of their oaths , that in the earl of devenshires case , jacobi , they resolved them to be ornamenta pacis & f●rmamenta belli , and of so high estimation , that every body is bound to promote them : for that reason they fined and imprisoned officers upon their first appearance , as appears by jeromes case , who was fined and imprisoned for withdrawing one original writ . but the judges and officers lately contrived an ac etiam bill , in the common pleas , whereby plaintiffs may be encouraged to commence many suits , to increase officers fees and perquisits , because they ( notwithstanding the statute car. . statute . cap. . ) may lay their demands as high and vexatiously as they please , to squeeze advantagious agreements out of defendants upon arrests , and deceive your majesty of the fine or duty amounting to ll per annum , . which was ever paid before process for the arrest issued out , according to the first demands ; and hindred plaintiffs , to oppress defendants by holding them to unreasonable bail , by exceeding their real cause of actions , as now . and whereas , to excuse their contrivance of ac etiam bill , it was alledg'd before your majesty , at the hearing , that the moiety of all fines upon originals , belonged of right to the present lord keeper , and the master of the rolls , for diet and board-wages , because they and their predecessors ever injoy'd them . this allegation may be presumed to be a great mistake , for amongst all the things granted or allowed to them , or their predecessors , there is not the least mention of these fines ; and the judges have resolved , in the earl of devonshire's case , that a long enjoyment , by force of general words in letters-patents , cannot create a right in law to any profits of the crown . also the statute hen. . cap. . provideth , that nothing shall pass out of the crown , without it be expresly named and granted . and it 's well known , that the late lord keepers and chancellors have other and greater sallaries and allowances , particularly granted by your majesties royal father and grandfather , then their predecessors ever enjoyed ; and qu. elizabeth granted , and king james confirmed , a moiety of all fines upon originals to the cursitors in fee ; ergo , your majesty hath a right to take or grant the other moiety . this may be prevented , if head officers in every court , to whom it belongs , keep an exact bill of pleas , and record all contempts therein as soon as committed , and set the fines and amerciaments presently , taking it pro confesso , if the person or officer offending ; at the day given , or before , do not appear , & discharge himself that he is guilty , your majesty may lay your old dutyes upon the original process now used : or reduce the courts to their first establishments , seeing the judges and officers forego not their own fees , and persons holding tolls and franchises by grants from the crown , permit no encroachments : and all loyal and ingenious subjects know that your crown cannot be supported without royal aids or duties , which must issue out of real or personal estates , trade , proceedings at law , or offices : and when your old dutyes fall short to defray your necessityes , it forces your majesty to ask new supplyes , wherewith all your subjects are generally taxed ; for that reason , when it was perceived , that the crown was deceived of a duty by projected recoveryes , it was enacted by the statute hen. . cap . that writs of entry , shall pay as much as writs of covenant in chancery . . abuse , that fines and amerciaments , set by justices in eyre , commissioners of sewers , and clarks of the markets , are not estreated , which amount to l. per annum ; also , amerciaments in sheriffs turns and leets , amount to l. per annum at least ; there being at least hundreds in england and wales , besides many mannors wherein courts are holden twice a year , and all the amerciaments not granted away , belong to your majesty ; yet due care is not taken thereof , as the statute rich. . cap . and ▪ hen. . cap . direct , which the attorney-general hath reported ought to be observed ; and bailiffs of liberties observe it not , tho enjoyned to do all things required of sheriffs , by force of the statute , hen. . cap . this may be prevented , by charging the justices in eyre , and commissioners of sewers , to take care of their clarks ; also by charging the clarks of the markets to estreat all fines and amerciaments into the exchequer : and if amerciaments in turns and leets be estreated , and returned to the sessions , as the statute h. . cap. . doth direct , duplicates may be returned from thence to the exchequer , to charge accomptants therewith ; your subjects presuming to have a right of common , or the like , not worth d. will be at expensive suits to preserve their rights , a multo fortiori , your majesty may preserve yours , because these fines and amerciaments being contingent things , may happen at one time or other to be very considerable in all courts throughout the kingdom ; and all stewards and clarks of the peace are enjoyned by oath and duty to do as the statute directeth ; and your subjects rights and liberties cannot be injured by adjusting your majesties rights ; ergo , reasonable . . abuse . that the officers of the exchequer ( disobeying the barons orders ) permit under-sheriffs to take their bailiffs returns and accompts , de bene esse , and pass them as true in the exchequer ; whereby wages are allowed for the clarks of the peace , as servants to the justices not attending at assizes or sessions , whereas they are no servants within the meaning of the statute rich. . to whom wages ought to be allowed ; and there being two thousand justices of the peace in england and wales ; a fourth part may be modestly reckoned not to attend at one and the same time ; whose wages , computing the petit and grand sessions , and assizes in every county , one with another , at s. per diem , and s. for their men , for every days non-attendance , amount to l. per annum , and upwards , whereof your majesty is wronged , and the justice get not a farthing . this may be prevented , if wages be not allowed upon under-sheriffs accompts to clarks of the peace , deputed by the custos rotulorum , or any other , as servants to any justices of the peace , unless the justices themselves do attend at the assizes and sessions , as the statute rich. . cap. . doth direct ; and that the bailiffs , or others , who pay the justices wages , may attest his or their accompts upon oath , before a magistrate appointed to take affidavits , particularly shewing what they pay , and to whom , that under-sheriffs may produce the same to accompt by in the exchecquer , as the barons have ordered ; because the under-sheriffs swearing their bailiffs returns to be true , for ought they know , signifies nothing ; for that reason divers under-sheriffs formerly passed their accompts by proxies . . abuse , that the nomina villar ' , whereby the boundaries of liberties are now adjusted , were taken at first upon the information of under-sheriffs , who received the same from their bailiffs de bene esse , without further enquiry thereinto . to prevent this , sheriffs for the future may take indentures of bailiffs of liberties , to execute all process , as the statnte edw. . chap. . doth direct , and return such as particularly relate to your majesties casual profits , into the court of exchequer , that officers may know on whom to place the accompt thereof ; also , that the boundaries , or extent of liberties , may be diligently inquired into , and ascertained by the verdicts of substantial juries , so be made good matter upon record for the future : for as private lords and parishes yearly surround their boundaries to prevent encroachments , a multo fortiori , your majesties ought to be enquired into , and ascertained by good matter upon record . . abuse , that the recognizances of solvent persons , generally compounded and withdrawn , amount unto as much or more than such as be estreated ; and the recognizances which are now estreated , amounting to l. per annum , would be likewise compounded or withdrawn , if the poor people were able to satisfie the officers demands , for the clerks of the peace seldom take less than s. clarks of the assize or l. and officers of the exchecquer or l. ( whose fees exceed not l. ) to discharge persons admitted to compound ; whereby poor people being admitted to compound penalties of l. ( due to your majesty , ) for d. ( not being freed from officers excessive fees , and the great charge and trouble of formal pleadings , motions , suing out quietus , and the like ) are deterred from applying to your majesties courts for mercy , and forced under-hand to bribe under-sheriffs and bailiffs , who prey upon their necessities , with respits and false returns , until they insensibly become insolvent , and bring themselves and families to be maintained at the parish-charge : * thus officers acquit your solvent subjects , and clog your majesties exchecquer with the recognizances of the poor people , who are willing to pay what they are able , but not able to pay so much as the officers demand ; and the law consisting but of two parts , viz. judical and executive , and most offences being bailable , criminals are at their own elections , whether they will stand tryal , or forfeit their recognizances ; and the judges being fully employed in judicial matters cannot take notice of every thing , transacted by officers ; and being ignorant of the executive part , generally take the advice of the protho-notaries , or head officers , therein ; so that the execution , which is the life of the law , depends chiefly upon the skill and honesty of officers ; which makes rich offenders , who have money at will , very insolent , and discourage your peaceable subjects to prosecute and convict them : and the general grievances of your subjects consisting in purpressures , common nusances , defective bridges , causways and common pounds , land mark removed , hedge breakers , riots , assaults , common barretors , eves droppers , inn or ale-houses lodging persons of ill fame , regrators , forestallers , bakers or brewers failing in assize of bread or bear , false weights and measures , cattle infected , put into common pastures , and the like , cannot be redressed while recognizances are withdrawn , and criminals discharged upon easie compositions without hearing what 's to be said in your majesties behalf . as for example , mary hunt and her bail ( being bound and indebted to your majesty in the sum of l. by several recognizances , to stand tryal of divers crimes wherewith she was charged ) confessed it cost her l. and upwards , to officers for withdrawing her recognizances to hinder the prosecutors , to expose her by open tryals to publick justice : and it 's a violent presumption that officers used indirect practices to gratifie her therein , because in disobedience of express rules of court , and in contempt of the statutes hen. . hen. . cap. . and hen. . cap. . ( after they had received divers fees of the prosecutor to estreat them into the exchequer ) did not estreat any , save one to try an indictment in michaelmass term . which they knew would be ( as it is ) discharged of course : two recognizances ( to try indictments for keeping a publick house , and entertaining lewd and debauch'd persons ; after the fact confessed , to avoid the tryal ) were discharged by a single judge at 's chamber privately for s. d. a piece : another to keep the peace , being forfeited by her wilful breach thereof , was particularly ordered to be estreated after hunts death : because the bail confessed they had l. a piece in their hands to indempnifie themselves : yet the bail are since discharged by rule of court without paying the money in their hands to your majesty , or hearing what the prosecutors had to say : whereas in all matters relating to private persons , the adverse parties ever have a day given to shew cause before any thing be peremptorily ordered : these practices made hunt so insolent , that boasting of her prevalency with officers , she spit in the prosecutors face ; hired persons to murder her , and threatned to burn her house : and the officers and bail aggravating her grievances by infamous misrepresentations and other affronts , she moved the court to have the premises duly examined ; but was committed to prison . to prevent these abuses , the clarks of assizes and peace , may enter all recognizances in a book , or parchment roll , as soon as they come to their hands ; and not keep them , as now , upon loose files : that poor people , through inadvertency forfeiting recognizances , or incurring other great penalties , ( if their case appear , upon petition and proof , to deserve mercy ) may be discharged by an order of court without more ado ; or an office may be erected to compound such forfeitures , in nature of the alienation-office . t is for your majesties honour and profit to give your subjects ( who ought to have mercy shewn ) a legall and cheap way to obtain it ; because it endeareth them to your majesty , and hindereth all indirect application to officers . . abuse , that the statute hen. . limiteth and appointeth all sheriffs ( except northumberland , and others , by particular statutes exempted ) to pay your majesties fines half yearly , viz. at easter and michaelmas , and the process of the exchequer for that purpose are issued out after every hillary and trinity terms ; yet officers generally respite the under-sheriffs first half-years payment until trinity-vacation , and often longer ; and if high-sheriffs happen to die , ( as sir solomon swaile did , who was high-sheriff of yorkshire ) your majesty may long want your fines , and lose them at last ; and if under sheriffs should die before their accompts be perfected , the high-sheriffs , who are the accomptants in point of law , would be at a great loss ; ergo , it 's neither for your majesty , nor high-sheriffs interest , to have the accompts so generally respited . to prevent this , the statute may be observed by all sheriffs , excepting the sheriffs of northumberland , or such as are particularly exempted , . abuse , that fines in all ecclesiastical courts throughout the kingdom , may be modestly computed to be l. per annum , and were duly collected and paid into the exchequer by particular receivers thereof , as appears by the patent-rolls and records down to the late rebellion : but since your majesties happy restauration , only a few fines upon excommunications are certified into the exchequer , all the rest are concealed . to prevent this , the officers may be subjected to such orders as are proposed for the officers of other courts . the reports and opinions of your majesties judges , attorney generals , and other able lawyers , pro and con , statutes , presidents , and resolutions of former judges , as follow , plainly shew the foregoing abuses to be true , and may be remedyed as proposed . sir francis north , your majesties attorney general , about october . of his own knowledge , reported , that the small fines and americaments in all courts , are wholly neglected ; which if carefully looked after , will be of a considerable value : and the said brunskel , if your majesty please to favour him , deserveth an employment therein , for so vseful a discovery . and his lordship declared , that he was glad of the opportunity so to report : because he had often moved the judges to take care of them . yet when elected chief justice of the common pleas , refused to draw either patent or commission for the said brunskel , pursuant to his own report . and when his officers claimed some fines as fees to buy necessaries for the judges , and repair the courts ; it was referred to sir charles harboard , who reported , after a serious debate with his lordship and officers , that all fines were agreed to be due to your majesty : ergo , not applicable to any vse without your majesties express warrant . then his lordship yeilded by a second opinion under his hand ; that it was needful to appoint a person , who , by taking the officers accompts , might controul such as pocket his majesties profits . and serjeant maynard gave his opinion in private for the said brunskel , in behalf of your majesty ; yet when he appeared in publick , and saw the judges and officers against him , retracted the same . and mr. saunders ever pleaded for the said brunskel in behalf of your majesty , and maintained the green-wax fines to be your ancient revenue : and that your majesty may legally grant it in farm , or settle orders or rules for the management thereof as proposed ; yet being chief justice , alledged , it was one thing to be judge , and another to be counsel . and serjeant reymond gave his opinion for the said brunskel in behalf of your majesty ; but being a judge , satt mute . sir william jones , your majesties attorney general , ever refused to say or do any thing in favour of the said brunskel : but a scheam of abuses and remedies ( which the said brunskell gave to some persons active in the revocation of his patent , to let them see what reasonable things he desired and was denyed : and how unjustly his adversaries sought to ruine his reputation and estate , being carried to the said sir william jones by his own creatures , without discovering the said brunskell to be the author thereof , he reported thereon : that many of the abuses are true , and fit to be redressed : that all , or the greatest part thereof may be redressed by the judges orders in the respective courts ; that the discoveror thereof deserveth all due encouragement , for the service he hath already done , and may for the future do , in discovering these or the like abuses ; also , the assurance of a liberal reward : and the judges confirmed his report , by acquainting the lords commissioners of your majesties treasury : that they had made orders pursuant thereunto : also the barons , by agreeing to make orders accordingly , as appears by the minute book in the treasury chamber : yet effectual orders are not made : and when the said brunskell appeared and petitioned for his reward pursuant thereto , being referred to the said sir william jones , and afterwards to mr. finch the solicitor general , they resused to draw either patent or commission for him . sir robert sawyer before and after he was your majesties attorney general , pleaded upon several occasions for the said brunskell in behalf of your majesty , and reported , that great abuses are practiced by clarks ; and it 's fit such rules be made , that your majesty may not be injured : that the ancient practice is best : that the method as the starute hen. . cap. . directeth , ought to be pursued : that the orders proposed , seem reasonable in the main : and advised the lords commissioners of your treasury , to send them to the judges to be made rules in the respective courts , which their lordships did accordingly ; and your majesty commanded the earl of anglesey to see them made for your service . whereupon the judges appointed to meet at his lordships house : but for some reasons best known to themselves , they not only declined meeting there , but to have his lordship present at the debate thereof in serjeants-inn-hall ; where the late lord chief justice pemberton declared : that your majesty had no such revenue , and dismissed the said brunskell from all farther solicitations for rules : whereupon the earl of anglesey stated the abuses , represented by way of question under his hand , and delivered them , by your majesties command , to sir leoline jenkins your majestyes principal secretary , to be referred to the judges , to answer under their hands , which is not yet done : yet the said sir robert sawyer forgetting his former reports and opinions , acquainted your majesty at the hearing , that the said brunskell was impertinently troublesome : and reported lately , upon the said brunskells petition to the lords commissioners of your majesties treasury , that the substance of what the said brunskell insists on , hath been debated over and over , and will never be determined to the said brunskells satisfaction ; yet warily submits to their lordships judgment ; for he knew , that their lordships were as sensible as himself , that repeating nine years transactions , stating and answering all objections , made the said brunskells case unavoidably long ; and for that reason it was not read : ergo , not debated . that fines and penalties were originally ordained to quicken the execution ( which is the life ) of the law , and established to defray the charge which your majesty is at with your courts for administration of justice and equity to your subjects : for that reason 't is provided by the statute hen. . and hen. . cap. . that they shall be duely recorded , estreated , levied , and accompted for : the statute edw. . cap. . directeth , that the treasurers and barons shall see amerciaments levied to your majesties use . the statute of rutland edw. . provideth , that sheriffs and bayliffs shall not withdraw your revenues , by returning nichills , or the like : and that your treasurers and barons cause particular rolls of estreats to be made and delivered to faithfull and circumspect men , to enquire thereinto . the statute edw. . directeth , that once every year a baron and a clark shall go round the countries , to enquire whether any be concealed or withdrawn : the statute edw. . enjoyneth the judges to do all reasonable things to procure them . by the statute hen. . cap. . commissions shall be issued out after every officers final accompt , into the respective counties where the officers and accomptants live , to enquire of frauds , that they may be severely punished . and under-sheriffs and bayliffs by the statute hen. . cap. . shall not be in office above a year . the statute hen. . cap. . provideth , that persons shall be appointed in all courts faithfully to attend your majesties business . and the statute hen. . cap. . provideth , that the officers concealing or withdrawing your majesties fines , shall pay three times the value , and forfeit their offices : and it was found by experience , as appeareth by the said statute hen. . that suits were delayed , when bailiffs were not punished by fines and amerciaments , because the lords of liberties to whom your royal ancestors had granted the return of writs , had power to remit the same ; therefore the statute nulled those grants , and restored the fines to the crown , as the ancient estate and prerogative thereof for administring justice : and the statute hen. . cap. . & . eliz. cap. . prohibiteth all contrivances to deceive your majesty of any fines ; and all persons ( officers especially ) are punishable for frauds & deceits by the statute ed. . cap. . and every subject by the statute jacobi cap. . is obliged by oath and duty , at the age of . to defend the rights of the crown . and great ministers and officers not only to take that oath , but upon every admission into any office or imployment , more particularly sworn as followeth . bishops are particularly to assist and defend all jurisdictions , priviledges , preheminences , and authorities granted , belonging , vnited or annexed to the crown , &c. the lord chancellor is truely to counsel your majesty , and not to know or suffer the hurt or disherison of your majesty , nor the rights of the crown to be in any stress : and if he cannot hinder it , he is to make it expresly known to your majesty , with his true advice , and counsell , and to do and purchase your majesties profits in all things , &c. privy councellors , if they know of any thing attempted , done , or spoken against your majesties person , honour , crown , or dignity royal ; are to withstand it to the utmost of their power , and to advertise your majesty thereof , and to assist and defend all jurisdictions , as in the bishops oath , &c. the treasurers , chancellor , and barons of the exchequer , are not to disturb nor respite debts where they may be levied , to take fee or robe of none but your majesty ; and where they understand of any wrong or prejudice done to your majesty ; they are to use their power and diligence to redress it : and if they cannot , they are to inform your majesty , &c. judges are to counsel your majesty in your needs ; and not to counsel or assent to any thing which may turn to your majesties hurt or disherison : they are to do even right to poor and rich , and not take privily or apart any gifts , or any other thing which may turn to their own profits ; nor fees or robes of any but your majesty : they are to do and procure your majesties profits in all things where they may reasonably do it ; and upon default in any point , shall be at your majesties will of body , lands , and honour , &c. justices of the peace are truly to cause all issues , fines , and amerciaments before them , to be entred without concealing or imbezeling any , and truly to send them into the exchequer ; they shall not let for gift or other cause ; but are well and truly to do their office. high-sheriffs are not to assent to the concealment of your majesties rights , or of your franchises ; and wherever they know of any thing concealed or withdrawn , they are to cause it to be restored , or certify your majesty thereof : they are not to respite your majesties debts for any gift : they are truly to acquit at the exchequer all those of whom they receive any thing of your majesties debts ; and truly to return , and serve all your majesties writs , and admit none to be their vnder-sheriffs or clarks of the last year ; and shall make each of their bayliffs to take such oath as they take ; and shall not let their sheriffwick or any balywick thereof to farm. lawyers , officers , and attorneys are sworn to assist and defend the crown ; to do no falshood , nor consent to any to be done to your majesties prejudice ; but if they know of any , they are to give notice to the lord chief justice , or his brethren , that it may be reformed ; and the prothonotaries , clarks of estreats , and philazers are truly and diligently to record and extract all fines , issues , and amerciaments ; and to inform the chief justice , if they know of any thing neglected , concealed , or withdrawn . and the experience of former ages teacheth , by the exemplary punishment of divers judges , by death , fines , imprisonment and banishment , when they had fees as well as their officers , which increased , or decreased , as suits were delayed , and proceedings multiplyed ; and took new-years gifts , and money for offices ; they did not put the laws , in execution against officers : therefore the statutes and ed. . and r. . and other good laws were made and provided , still in force , to prevent corruption ; because justice is to be done without respect of persons ; et nemo debet esse sapientiorem legibus . and in the earl of devonshires case , jacobi , the profits of the crown are resolved to be ornamenta pacis , & firmamenta belli ; and of so high estimation , that every body is bound to promote them : also , resolved in vaughan's case , and . eliz. that a fine or amerciament is due to your majesty upon every contempt or disobedience of writs or process : therefore judgments were set aside , for omitting to record persons in misericordia ; and the very small amerciaments were duly estreated , as appears by rastall's new natura brevium , under the title of beecher's case in cooke's reports ; and original writs at this day command pledges to be taken for them : and the citizens of london ( farming the green-wax-fines of your majesty in the city by a derivative power ) ever took the small amerciaments : which your majesties officers neglect , who enjoy divers fees & perquisites out of every warrant of attorney , and other things , exceeding . per an . to take care thereof ; & if persons were compell'd to find real pledges , as the law directs , and amerciaments were truly estreated , ad finem litis , it would prevent frivolous suits , and fictitious pleadings , to delay suitors ; for amerciaments have been affeer'd upon litigious plaintiffs or defendants , to l. by neighbours , who best knew the parties and their offences , by the statute hen. . cap. . and it 's well known , that fines inflicted fall not upon high-sheriffs , as pretended , but upon their under-sheriffs , bailiffs , or litigious clients , who must and will rather pay them , than forfeit the penalties of their bonds , because all high-sheriffs ever take great and good security , to indempnifie themselves . for that reason the statute edw. . cap. . provideth , that head officers in every court , shall impose fines upon , and amerce under-sheriffs or accomptants for not accompting or returning process duely at the times appointed : and the statute and . of your majesties reign , cap. . declareth officers guilty of many abusive and sinister practises in withdrawing your majesties fines and forfeitures . and the statute of your majesties raign , cap. . declareth , that under-sheriffs , jaylors and officers use many shifts to increase their fees , contrary to their oaths & duties , and the known laws of the land : that the statute hen. . cap. . to eschew extortion , perjury , and oppression , prohibiteth officers to be jury-men , as not to be credited . king henry the third being informed of abuses in this revenue , subjected the sheriffs to good orders , and punished hubert de burgh , his chief-justice , for neglect of this revenue ; * and when he assigned over his revenues for payment of his debts , reserved but these branches of his green-wax-fines for his own subsistance . * king edward the first allotted his judges salaries to be paid thereout , to make them careful of it : the parliament esteeming fines the only means to expedite justice , petitioned richard the second , that the justices might have part of all fines and penalties , to excite them to inflict and levy them ; whereupon the statutes rich. . cap. . and cap. . were made for their wages to be paid thereout , still in force , and observed . and it appears by crompton's jurisdiction of courts in banco regis , that judge ingham was punished for reducing an amerciament to a lesser sum , tho' in pity to a poor man , because the statute eliz. . statute . still in force , prohibits him and all judges to do any thing in prejudice to the king. and some historians report , that the clock-house in westminster was built with the fine , and the great bell hung therein , that the judges may remember when they hear it toll , to observe their oaths established by that statute . queen elizabeth received * and countenanced oppressed carmerthen upon his discovery of abuses in the customes , and subjected the officers to his methods . * also king james being informed of abusive practices in withdrawing the green-wax-fines , constituted a surveyor thereof , and setled orders to enable him to perform his surveyorship , which were hung up in tables in the exchecquer , but are now imbezelled or lost ; for officers love not lasting monuments of their corruptions : and the old fine rolls shew , that contempts in chancery were duely estreated , which are now wholly neglected : also it appeareth by good matter upon record , that all your royal progenitors have constituted special commissioners to inquire into officers misdemeanors : and that the same were ever reformed upon their certificate without more ado , yet to hinder a reformation . . the said brunskells opponents , stopt a grant to the said brunskell , after it had past the privy - seal , with no small trouble and charge to him , upon a suggestion that it was empson and dudleyes case , who had power to impose , imprison , levy , compound , and discharge . whereas the said brunskell never had or desired any power , but to make officers record all fines and amerciaments duely ; or charge them , when they withdraw or conceal any . . they represented a grant of the office of surveyor , illegal for the said brunskell ; and denied him a commission of inspection , for fear of setting malicious informations on foot . whereas ( with running the risk of barratry ) he may turn informer at any time without a commission . . to hinder persons of quality to be surveyors ; the said brunskells opponents represented this revenue , as an inconsiderable project . whereas their own oathes , statutes , and presidents before-mentioned , clearly evidence ; that fines and penalties were ordained for the punishment of bad , and relief of good men ; because ill men will rather obey formidine poenoe , than vertutis amore : ergo , no projects . . the right honourable earls of peterburough and yarmouth , henry lord o bryen , sir francis compton , mr. greenvil , mr. fanshaw , and the said brunskell , upon the officers certifying your majesties high treasurer danby , that the green-wax-fines yeilded but l. comunibus annis , proposed to farm the moiety thereof , at l. per annum ; excepting thereout all forfeitures of popish recusants & conventiclers ; yet the said brunskells opponents hindred them to be surveyors or farmers upon a suggestion ; that such grants were illegal , imprudent & impracticable until it appeared ; that a grant of the office of surveyors was then in being to one mr. aram , and all the green-wax-fines were then , and are now in farm throughout the kingdom of ireland , and in england , within the dutchy and countyes-palatine of durham , lancaster and cheshire , and to divers cities , corporations , and lords of liberties ; where divers of the grantees are impowred , to impose , imprison , levy , compound and discharge ; and your majesty was graciously pleased , upon the judges and lawyers agreeing them to be legal , to make this remark thereon : if grants with those powers were good , allowed and practiced : the grants without them could not be illegal ; & the judges and lawyers agreeing , the surveyor to be a necessary officer : your majesty was graciously pleased , to make this further remark thereon : that it was more prudent to grant a moiety of the improvement , than a certain sallary ; because it obliged the grantees to promote your majesties profits with their own : whereupon the several letters-patents passed your majesties great seal ; yet the judges hindred the patentees to officiate , by not subjecting officers to a prudent controul for your majesties service ; until the grants were revoked by an order of council : it is endless to repeat every passage , and what trouble and charge the said brunskell and his partners were put to with feeing and instructing five or six lawyers at a time , to disprove their opponents fictitious alligations : and how the said brunskell being denied to be surveyor , was no sooner gone into the country for a little repast , but his enemies concluding him to be wearied out , adjudged the office of surveyor legal , and fit for their own creatures ; useing great endeavours to pass two patents thereof , until your majesty being gratiously pleased to stop them , declared the grant as legal for the said earl of yarmouth and brunskell as any other ; and how the said brunskells opponents delayed him for an account from ireland , and after the account came , untill the said earl of yarmouth petitioned for a hearing before your majesty in council ; and upon sanders arguing and maintaining the legality of the grant desired , your majesty was graciously pleased to constitute the said brunskell surveyor , who obtayning your majesties grant by an order of council about april . acquainted the lords commissioners of your majesties treasury , that it required many deputies to attend the great courts at westminister assizes and sessions , and to go from office to office , tracing fines and amerciaments , duly to accompt ; who will not act without an assurance from your majesty or treasures , how they may be paid : the said brunskel therefore petitioned the lords commissioners for orders , or rules , to inable him to officiate as proposed ; or an allowance for deputies : and the said earl of yarmouth thinking the judges or lords commissioners to blame , in not setling orders , or an allowance for deputies ; and taking such lawyers as say and gainsay to be ill advocates , and worse guides to the ignorant , petitioned for a hearing before your majesty in council : but the late lord chief justice pemberton , who declared , that your majesty had no such revenue ( et nescit vox missa reverti ; and the other judges , who did not contradict it , unwilling to hear all the matter of fact , publickly debated , and proved quia qui que vult dicit que non vult audiet ) represented the said brunskels case to be impertinently long ; and for that reason it was not read : and the said lord chief justice pemberton , not only moved your majesty to take his and the others judges opinions thereon , which was not rejected , but quibled upon the said brunskels ignorance , in jumbling actions - popular , and informations together : whereas agreived subjects may sue by indictment , bill , plaint , or information : ergo , an information is a popular action : and now it s alledged , that it was proved before your majesty in council , that the said brunskel did not fee lawyers and officers as pretended ; whereas the said brunskel never heard it mentioned : if he had , he could certainly have produced the accompt to shew , how he had equally expended with the earl of yarmouth , and more than any of his partners , in procuring and passing your majesties grants : and if it had been usual , he would have had acquittances for the fees and gratifications which he gave them : however , the countess of yarmouth , who best knoweth what fees were given , and whom , can if need be , give your majesty a full accompt thereof ; the ill success of the farmers of the law duty , after conviction of attorneys , officers , and soliciters , upon chargeable tryals at law ; and the great oppositions which the said brunskel hath met with , sheweth what encouragement is given to prosecute and convict officers of frauds and concealments for your majesties service : ergo , the first reports of your majesties counsel , judges , and officers , confessions , statutes , oaths and presidents in the affirmative , the premises considered , may well out-ballance all their latter reports , and allegations : and influence your majesty to believe , that great abuses are practiced , and fit to be remedied . as to the praefines upon pleas of land. the said brunskell and mr. charles myddelton , obtained your majesties gracious promise to be commissioners in the alienation office , before mr. bertne , sir e. turner , or mr. courthope addressed themselves to your majesty ; and being joyntly commissionated or deputed by the lords commissioners of your majesties treasury with the said bertue , sir e. turner , and courthope , in order to improve this branch of your majesties casual revenue ; acquainted their lordships , that your majesties duty is certain ( viz. ) l. for every l. per annum , according to the improved annual values , as appears by rastalls new natura brevium under the title deceit , and by rents and annuities ; and all estates have certain values , qui id certum vocari quod certe reddi potest * and fines and recoveries being the fund of this duty , dock old sleeping intails ; bar feemes covert , secure purchasers and morgages after five years non clame , which no other conveyance can do . the present commissioners by under-rating estates abate l. in every l. of the real duty , which sheweth your majesties profits in a moderate way of rating , may be improved to l. per annum , and more , if ejectment to try titles , were rated to pay as formedons used to do . the rates or methods which the present commissioners observe , appear to be arbitrary , and very inconvenient ; for they never abate of the full duty in rents and annuities , or certifie the values otherwise than they are ; because they want a commission or authority to abate where the values are known ; yet they rate other estates five times lower than they appear to be by the parties own confession : and to cloak it , certifie upon the back of every writ , that the annual values are affirmed to be as they rate them ; whereas deceit being malum in se is dishonourable , seeing veritas non angulos querit ; but more especially in this case , because your subjects may infer from thence , that it 's not your majesties pleasure to abate of the full duty in any case ; and your subjects in wales , durham , lancaster , and cheshire , complain of paying more to farmers , than their fellow subjects pay to your majesty ; and younger children , and poor people in all other parts of your kingdom , complain , that even right is not done to them ( as the statute edw. . directeth ) because their rent , charges , anuities , and whole estates , pay after the rate of l. per cent. and great estates pay but l. per cent. at most , and rating great estates higher or lower upon different occasions : as for instance , setlements lower than purchases , and mortgages lower than setlements , maketh your subjects think the duty arbitrary , who are apt to blame their attorneys , if their fines be not low ; because all your subjects naturally love to be freed from duties . therefore attorneys wrangle with your majesties commissioners for an abatement to please their clyents ; which being obtained , is rather attributed to the commissioners kindness , than you majesties bounty : so your majesty neither gets your duty ? nor grateful acknowledgments inlieu thereof : yet the commissioners to excuse themselves , alledge their case to be like the officers of the first-fruits , who have established values , and no power to administer oaths to discover any other . therefore make all spiritual persons pay equally and proportionably thereto . but the commissioners in the alienation office have a master in chancery assigned , who sits in the office on purpose to administer oaths , to discover the improved values of estates , that your majesty may not be deceived therein : and it 's impossible to take measures by the rates of former commissioners ; because estates between one time and another , are clogged with or disburthened of incumbrances , and daily improve or impair . it appeareth by the old books , that lamberd and fortescue , who were the first commissioners upon the erection of this office , ever administred an oath to discover the real values of estates untill they found by experience , that attorneys , and solicitors , or their ill principled clyents got knights of the post to under-swear them ; then they omitted the oath to rate disseretionarily higher for their masters service , as they might lawfully do , because their master the earl of leicester was absolute farmer , answerable for nothing but the rent , while they rated estates within their real annual values ; but the present commissioners case is far different , because the surplusage of the profits ( as well as the rent ) is to be accompted for , and answered to your majesty ; for your majesties grant to the lords commissioners of your treasury , is only a trust for continuing the office , to free your subjects from the chargeable formes of the courts : upon these considerations , sir robert sawyer , and mr. ward , gave these following opinions . where the certainty appeareth what your majesties fine is ; the commissioners cannot abate thereof ; they having no such power by their commission . and in case the method observed by former commissioners , be found greatly to your majesties prejudice ; others more beneficial for your majesty , may by law be prescribed . i suppose fines and recoveries are seldom levyed , but where the necessity of the case requires them : neither do i know how they can be avoided or supplyed by any other sort of conveyance to secure purchasers , morgages , &c. r. sawyer . if your majesties duty be certain in it self , i cannot see how the commissioners without an athority , mediately or immediately from your majesty , can lessen or abate it . every person intrusted in your majesties revenue , is answerable to your ▪ majesty for the execution of his imployment ; and by suite in the attorney generals name , being convicted of any fraud or wilful breach of his trust , to your majesties damage , is lyable by law , to make the same good . e. ward . the said myddelton and brunskel , not only presented the lords commissioners of your majesties treasury with these opinions ; but further acquainted their lordships , that it was impossible to improve or manage this branch of your majesties revenue well , unless the said bertue , sir e. turner , and courthope were under an obligation , restriction or limitation in point of interest , to be as industrious as the said middelton and brunskel to serve your majesty . . because they were constituted commissioners upon a suggestion , that it was not to be improved or better managed than they had done it : ergo , an improvement or better management convicteth them of ignorance , or wilful breach of their oaths and duties . . the present commission 〈…〉 limitteth three to be a quorum : ergo ▪ they may rate anddo as they please ; but the said middleton and brunskell can do nothing without them . . the custom for any commissioner alone to rate writs in or out of the office , cannot be avoided ; because persons passing fines and recoveries , upon emergent occasions cannot wait office-hours , nor until a quorum can meet , and while mortgages are rated lower than setlements , and settlements lower than purchases , the said bertue , sir e. turner , and courthorpe , to ingratiate themselves with great men , and their adherents , may under-rate estates to your majesties prejudice , and hinder an improvement : and attorneys to please their clyents , will ever go to the commissioners interested , to rate low ; and if writs by them rated should be stopt until a further enquiry be made , it will give a general disturbance to business , and may be more injurous to your subjects , levying fines , and suffering recoveries upon emergent occasions , then waiting until a quorum can meet : ergo , it 's necessary to reduce the commissioners to a certainty , as for instance : suppose estates appear to be l. per annum , they may be limited to rate every l. per annum , as . . or l. and less , where fines and recoveries be levyed , and suffered of the same estates between the same parties within a year or two : and in this manner your majesty , by declaring your pleasure to abate more or less , may make the duty more easie and grateful , than the said bertue , sir e. turner , and courthopes methods now render it to your subjects : and by this means your majesty may be freed from the sallary of a master in chancery extraordinary : and when attorneys or their clyants know before hand , what they have to pay , they will not wrangle with your commissiners for an abatement , but readily pay as they do in rents and annuities : and if they deceive your majesty , by misinforming or concealing the true values from your commissioners , it may be discovered upon a melius inquirend ' : and two or three exemplarily punished for fraud or deceit , will set things right : the said myddelton and brunkskell frequently petitioned the lords commissioners , to cancel their present deputation or commission , & by an order or instrument in writing , to give them such methods as their lordships thought fit , or confirm such as the said myddelton and brunskell had proposed for your majesties service , or joyn them with more equal yoak-fellows : but their lordships giving no answer thereto , the said middelton and brunskell petitioned and proposed to abate l. s. in every l. of your majesties real duty of prefine , and to be limited , not to exceed that rate , and to improve that branch of your majesties revenue thereby l. per annum de claro to your majesty , and pay the said bertue , sir e. turner , and courthope their salaries to sit still , or accept their own , and acquiess : also acquainted their lordships , that fines and recoveries were seldom or never levyed , or suffered , before the necessity of the case required them : because the judges , attorney general , officers and attorneys fees amount to or l. upon every recovery with single voucher : to or l. upon double vouchers : and or l. upon treble vouchers : and upon every fine levied to or l. whereof they never abate , though the estate exceed not l. per annum , where your majesty in pitty thereto taketh nothing . and your subjects are at great expences , besides these fees in travelling to london assizes , and other places , to acknowledge them before the judges , or special commissioners : and if fines and recoveries happen to be levyed before the necessity of the case require , estates may thereby be put into a posture to be morgaged , setled , or sold : and vendees , mortgagees , or persons bestowing their daughters in marriage , may be satisfied without a further fine or recovery thereof , and then your majesty is deceived . the farmers in wales , durham , lancaster , and cheshire ( where this duty hath been farmed ever since it had its rise and beginning , following the steps of their predecessors ) rate as high for themselves , as the said middelton and brunskel have proposed for your majesty ; and the farmers must pay their rent out of their own pockets , if they by ill management dwindle the duty to nothing , whose interest and experience , the premises considered , may reasonably out-ballance the said bertue , sir e. turner , and courthopes allegations , who have certain sallaries , whether your majesties profits be little or much : and although the lords commissioners have not altered the said middelton , and brunskels commission , nor joyned them with better yoke-fellows ; nor confirmed the rates or methods proposed , nor prescribed better ; nor enjoyned the said bertue , sir e. turner , or courthope , in point of interest to improve this revenue ; yet have stopt the said middelton and brunskels bare sallaries , to defray the lady plymouth's pention ; who never received any thing for dyet , and board-wages . and the said bertue , sir e. turner , and courthope , who ever received sallaries , besides l. apiece for dyet and board-wages , are now permitted to receive theirs . it 's endless to repeat how officers misrepresented the said brunskel to hinder him to be a commissioner until the late master of the rolls , marquess of winchester , and mr. coats , now secondary of the common pleas , with whom the said brunskel was educated in the practice of the law , not only gave an experimental character of him for integrity and ability ; but were willing ( if need be ) to be security for his faithful performance : and how officers , who * sit rich and warm , detry this duty , as displeasing to some ; but never acquaint your majesty how grateful it will be for your majesty to take , and give it to your loyal indigent souldiers and servants ; or indear your subjects , ( of whom your majesty may demand it , ) with a general gift , grant , or pardon of all ; or what part thereof your majesty in your royal wisdom thinks fit. the said brunskel , therefore humbly , and in all duty , appealeth to your majesty , the premises considered , whether he , or the said bertue , sir e. turner , and courthope , deserve sallaries and imployments . as to heriots and reliefes . sir william jones , sir robert sawyer , and sir john sympson , gave their opinions ; that heriots and releifes are fully saved in the crown , by the statute car. . cap. . but now t is alledged , that tenures as part and parcel of mannors , pass by your majesties grant of a customary mannor cum pertinen ' ; whereas heriots and releifes being services incident to tenures , and tenures in gross to the persons , and disappendant to land , or mannors , cannot pass by grant of the mannors or land cum pertinen ' : as for instance , there is no land in england , in the hands of any subject , but what 's holden of some lord or other , by some kind of service , cooke upon litleton , fol. . a. and the services make tenures fol. . b. and every freehold tenant ( except in frank almoigne ) is bound to do fealty to his lord for the tenement holden of him , cooke upon litleton , sect. . if lords knew the advantages of homage and fealty , they would not neglect them , cooke upon litleton , sect. . also the writ de cessavit saith precipe a quod juste , &c. reddit b. tentum , suum quod de eo ( which is de domino non de manerio ) tenuit per tale servicium , et quod perfat ' reverti debet , eo quod predict ' a infaciendo servic ' per biennium cessavit , &c. ergo , the tenures being in gross to the person , and disappendant to the mannor , cannot pass with the grant of the mannor cum pertinen ' in your majesties case ; because the services which make the tenures oblige your tenants upon pain of forfeiting their estates by force of the statute ed. . to be ever in readiness to defend your majesty and kingdom in time of war , and encourage tillage in times of peace , for the preservation thereof , and relief of the poor : and an army of such freehold tenants may in reason be thought better souldiers than hirelings ; saying , omnia mea mecum porto , who will fight for ( or revolt from ) your majesty , as their interest leads : it is agreed , that tenures and services are established by custom , and common law , pro bono publico : that the common law shall be preferred before acts of parliament clashing with it ; that if a private lord alien a customary mannor consisting of freehold tenants , the very tenures services and royalties which he hath , shall pass to the alienee by general words ; because it 's equal to your majesty and subjects , whether the alienor , or alienee have them ; that the act and deed of a private person , shall be construed most strongly against him : but when customary mannors come into the crown , by attainder , escheat , or otherwise : the tenures are thereby changed from the person of the lord , to the person of your majesty ; so become special royalties : and royalties shall not pass out of the crown , by the grant of the mannors , cum pertinen ' or general words , hob. rep. , . plow . com. . b. . a. dyer fol. . davys rep. fol. . a. if a private lord alien land , it shall be holden of the alienee . if your majesty alien , it shall be holden of your self in capite , rolls abridgments , fol. . private lords may , and do frequently manumit their tenants : but if your majesty release a tenant in capite , to hold by a penny , and not in capite ; that release is void ; because the tenures are incident to your person and crown , rolls abridgments , fol. . for that reason the homage and fealty of your majesties tenants do differ from private lords : for your majesties is called homagium ligeum , which bind them by oath to be your subjects , of life and member , cooke upon litleton fol. . and every thing is expounded most largly and beneficially for your majesty : because the profits of the crown are termed , ornamenta pacis et firmamenta belli . and of so high estimation , that every body is bound to promote them , cookes reports , the earl of devonshires case : therefore the learned judge hutton declared , tenures and services to be inseparably annexed and united to the imperial crown : and the learned lord chief justice hailes , and others , who had the penning of the statute , anno of your majesties raign , saved rents , heriots , and suits of court incident to tenures in capitee , to be as they were before the tenures were , thereby turned or alter'd into common soccage : also createth a relief as in soccage tenure , and saved the fealty incident thereto : and the th . proviso of the same statute dischargeth tenants holding by soccage in capite of no service , but ward value , and forfeiture of marriage livery primer seisin ouster le mayne pur fair ' fitz chivalier , & purfile marrier : ergo , heriots and reliefs ought to be in charge with the auditors , where your majesty hath not granted them away in terminis , as separate and disappendant to your mannors . as to offices . the law consisteth but of two parts , viz. judicial and executive : and most offences being baylable , it 's at the criminals election whether they will stand tryal , or forfeit their recognizance : ergo , if officers for bribes or rewards withdraw recognizances , they frustrate the judicial part . officers are also entrusted to see proceedings right and duely drawn , and recorded ; but if they by ignorance , corruption , or negligence , draw long and vexatious bills , answers , orders or decrees ; or imbezal , or deface depositions in equity : or draw ill declarations , or pleas , or misenter special verdicts or judgments at common-law : it giveth great disturbance to suitors to have the errors rectified ; and the non-amendment thereof , in due time giveth litigious adversaries opportunity upon writs of errors , to be very vexatious , and frequently overthroweth all the proceedings thereon : it was found by experience , when the judges had divers fees , as well as their officers , which increased or decreased as suits were delayed , and proceedings multiplyed , and sold offices at dear rates , that they placed men therein for lucre , without merit , and acted or countenanced such things as were contrary to the laws and statutes in force : for which , some judges were put to death , divers fined and suspended ; and others were banished , as appeareth by ancient record and history : also , the attorney and solicitor general did not then prosecute and convict the officers guilty of misdemeanours ; because their own practice and profit , as private councellors , depended upon the favour of the judges , and indearement of officers ; therefore the sallaries of the judges , and kings counsel were inlarged and made certain ; for it 's enacted by the statutes and edw. . that the judges shall not take guifts , fees , robes or rewards of any , but your majesty ; and the oath of a judge thereby established , enjoyneth the observance thereof , because their sallaries were then made certain , which have been since further enlarged . it 's also further provided by the statute richard . that the judges and great ministers shall not sell offices : also by the statute edw. . cap. , , and . that officers shall not commit extortion , that the subjects ( cap. . ) shall not be disturbed in their just rights : that deceit ( cap. . ) shall not be be practised : and the proviso , or saving in the statute and edw. . ( viz. ) that the judges may do as formerly : doth not impower the judges to sell , because the aforesaid statute rich. . prohibiting them , is not thereby repealed : and the present judges cannot apply mittons case to themselves ; for the office of the county clark is adjudged to be in the disposal of the high-sheriff ; because the high-sheriffs office is altogether executive ; and the county clarks being their menial servants , or deputies , cannot sue for fees , nor act any thing , but in the high-seriffs name : so that the high-sheriff being punishable for their deputies misfeizance , are forced to take security to indempnifie themselves : but the office of a judge is altogether ministerial ; and the law doth not punish judges , if officers fail in the execution of their office ; unless they make themselves parties , privy , and consenting : wherefore they never take security of officers to indempnifie themselves ; for officers stand or fall by their own good or bad behaviour ; because the law reposing a trust in the judges to punish officers misdemeanors , took away the officers dependance on them , that the judges might not flagg therein : therefore all sages of the law , writing of the office of a judge , agree the observance of the aforesaid statutes , to be a material part of the office & duty of a judge ; because these statutes , and divers other good laws and statutes , are grounded upon the statute hen. . cap. . which saith , nulli vendemus , nulli negabimus , nulli differemus justiciam : and the lord cheif justice cooke , declareth experimentally , ( and the reason is much stronger , since offences were so generally bailable ) that justice cannot be duly administred , if the statute rich. . prohibiting the judges to sell offices , be not observed ; because , as the execution , which is the life of the law , dependeth upon the honesty of officers , as aforesaid . it s violenta presumptio , that knaves , whose pockets are better lin'd then honest mens , and consciences not so strait laced , will ever give most for them ; who seldom stick at any thing , to reimburss & enrich themselves : yet the l d. keeper & judges take fees of suitors upon divers proceedings , and not only sell offices at seven or eight years value , but wink at their officers selling thereof , and take great summs of money upon their surrenders , and admissions ; and new-years-gifts ; and record officers admitted gratis . whereas records were ever esteemed so sacred , that the law alloweth no plea , or averment against them : and the attorney and solicitor general seldom or never porsecute populer actions , informations or pleas of the crown , unless your agrieved subjects fee them to do it : whereas its a maxime , that your majesty can do no wrong ; and maxims are fundamental points in law : it doth not appear by any matter of record , that your majesty or royal ancestors ever dispenced with any statutes in force , whereon depended the due administration of justice ; but it appears , that pardons have been frequently granted upon breach thereof after the fact committed , by your majesty and royal progenitors special grace and favour . the statute hen. . cap. . provideth , that such offices as be not expresly named in letters-patents , shall not pass out of the crown : the e. of devonshire had omnia & singula vaod ' feod ' & regard ' eidem officio spectan ' seu ab antiquo usitat ' vel gavis ; and a privy-seal particularly impowring him to dispose of old rusty iron as his predecessors had ever don , who by a long usage of years had disposed thereof without interruption : yet the judges . jacobi resolved his usage and prescription void upon a presumption , that it began at first upon usurpation , because it did not appear , that such things were ever annexed as fees to that office ; ergo , the usage of selling inferior offices ( being not annexed to the judges places as fees to be sold ) cannot be good : for their own records declare officers secundum consuetudinem curiae to be admitted ex merito gratis : and persons in their own right cannot legally transfer a greater estate than they have ; ergo , the judges durante bene placito cannot convey inferior offices to persons durante bene se gesserint , unless they acknowledg themselves to be in nature of stewards of coppy-hold courts , and then they own the right transferred , and duties paid upon admission , to be your majesties as chief lord. yet the lord chief justice north , hindred divers persons , that for good service , had obtained your majesties gracious promise of the office of clark of the treasury in the common-pleas to pass their patents , suggesting it to be a perquisit incident to his office : whereas , particular grantees had executed it by sufficient deputies without intermission above years , and his lordship then paid l. per annum , as his late predecessors had done , to john lord berkley the last patentee , which was an acknowledgment of your majesties right : and whereas the said statute & ed. . saveth a power to all persons seised in fee , to sell offices : your majesty being so seised , jure coronae , may do it : for as your majesty constituteth the spiritual and temporal judges ; it argueth , that your majesty may appoint the inferior officers ; because , omne majus trahit ad se minus , it s well known , when your majesty gives ; your great ministers sell offices ; otherwise it costs your subjects in fees and gratifications , more than the purchase , as hereafter proposed will amount to : it s therefore humbly and in all duty proposed : . that as the present officers have paid . or . years value for their offices , they may continue therein ; and when void , they may hereafter , 〈…〉 plyed with experienced clarks , who may termely pay to your majesty , in nature of first fruits , one moyety , or quarter part of the profits as they arise , for such terme of years as your majesty shall think fit : and as commissioners are appointed to dispose of ecclesiastical livings , so commissioners may be appointed to take care of your majesties profits arising thereby , who may be enjoyned under great penalties to bestow offices accordingly . . that the proposals extend not to any office , where the sallaries are paid by your majesty , but such only where the perquisites are paid by suitors , as incident or appendant thereto by right . . that an exact table of fees adjusted by the ablest officers , and records , due and belonging to every office , may be hung up in the respective offices ; and while officers behave themselves well , ( tho deputed but during pleasure ) they may in no wise be dis 〈…〉 reasons or arguments humbly offered to maintain these proposals in all points of law , equity , prudence , and practice . . the officers by buying , have forfeited both money and offices , and the judges their right , by selling or transferring a greater estate therein than they have ; the very records say , that officers secundum consuitudinem curioe , are admitted gratis ; and records were ever accompted sacred ; ergo , the custom of selling or vitiating sacred records , ( with a gratis admittantur ) falleth under this maxime , malus usus abolendus ; and it will not only indear the officers to be pardoned and continued in , upon their good behaviour ; but when their dependance is wholly upon your majesty , they will have a greater regard to your majesties business and profits ▪ . this method ( requiring no ready money ) will be satisfactory to all loyal subjects , because the sons of such as were impoverished by the late intestine rebellion , will be enabled to obtain imployments , being now incapaciated to buy , or gratifie such as procure them grants thereof : furthermore , it will prevent extortion ; for when officers deposite great sums of money upon purchase , or admission to their offices , it inclines them to indirect practices to re-imburse themselves . . your majesties fines and amerciaments depend chiefly upon the executive part of the law , and the honesty of the officers intrusted therein was at a low ebb , if your majesties attorney generals reports and experience be not mistaken ; ergo , 't is prudent to oblige them in point of interest , to be carefull thereof , because officers will ever be true to their interest , and yield perfect obedience to your majesty , or such as your majesty thinks fit to intrust with the placeing or displaceing of them . . the author which writ the antidotum britanicum fol. . saith , it 's unjust to deny a prince that power , which every subject hath to place and displace , or retrench his servants : that nothing contibutes more to the grandure and glory of a king and kingdom , than faithful counsellors ; who advise the prince , what he ought to do ; rather than what he may do : and ( as an expedient to keep the officers within the sphear of integrity and justice ) proposeth the example of henry the great of france ; who composed a certain number of judges ( in nature of commissioners as proposed ) diligently to superintend the officers , and receive information of the people ; whether they have been justly dealt with , and where not ; and accordingly to reward or punish . . the great chamberlain lately challenging a right to dispose of an inferior office as the judges do ; his lordships usage , upon the hearing and debate thereof , before your majesty in councel , was adjudged void ; and sir william jones attorney , and mr. finch solicitor general , and mr. keck of counsel for the patentee , argued in behalf of your majesty : that your majesty might determine the lord chancellors or keepers long usage of disposing of benefices of small value : and all usages of that kind , although they were impowred to do as their predecessors had ever done , who without interruption , had disposed thereof ; because their usage began not of right , but barely by permission of your royal ancestors , to free themselves from the trouble of such small concernes : and the late lord chancellor agreed thereto ; and your majesty was graciously pleased to make this remark thereon : that offices which at first were not worth any thing , are now become very considerable : and instanced the cofferers-office for one , and declared ; that your majesty altered the usage of your houshould-servants , stepping into imployments successively ; because your majesties happy restauration was formerly adjudged , to be in nature of a conquest ; and your majesty was thereby impowred to do it ; and the case falleth under the same circumstances : for many offices , which at first were not worth any thing , are now become more considerable than the judges sallaries . as for instance , the three prothonotaries-offices in the common-pleas , and the clarks of assizes for yorkshire . the late lord chief justice pemberton ( as it 's reported ) agreed to admit one mr. adderley , into one of the prothonotaries-offices for guinies ; and there be many other considerable offices , which may be executed by deputies , as well as the custos brevium , chyrographers , or sir robert henleys office , which plainly sheweth , when ever your majesty thinks fit to dispose thereof ; they will be acceptable rewards to persons for their good services ; and free your revenues from pentions , to the great satisfaction of your loyal subjects . . that private persons , who hold courts of record in fee , by a derivative power from your majesty , now sell inferiour offices by force of a proviso , in the statute & edw. . and permit not their stewards or judges to meddle with the disposition thereof , who have as great power within their jurisdiction , as the judges have in the superiour courts ; amulto fortiori , your majesty being primitive , and seised in fee , may do it . a particular of offices and perquisites in chancery .   per annum . ll . affidavit-office bankrupt-office clark of the patents six clarks vsher clarks of the crown clark of the presentation subpoena-office cursitors hanaper-office registers the profits of the seals inrolment-office softning the wax seal-office serjeant at arms the master in chancery extraordinary in the alienation-office entring clark clark of indorsements receiver clark of the statutes clark of the appeals clark of the leases petibag clark upon charitable uses messenger or pursuivant enrollment clarks of the kings deeds two examiners offices six clarks under them six clarks in the rolls chappel perquisits for orders upon petit. moyety of the fines upon originals entring causes for hearings twelve masters in chancery . kings bench per annum .   per annum . ll . fees out of latitats fees out of records of nisi-prius boxes in court prothonotaries secondary coronator and attorney clark of the treasury proclamator fines upon latitats clark of the papers clark to file declarations seal-keeper of the bills of middlesex clark of the rules philazers one for each county clark of the errors cryer in the court porter bringing records to be us'd in court all the offices of clark of assizes also of the clarks of the peace perquisits for every record of nisiprius entred upon tryals , extending to all courts , assizes and sessions fees out of judgments and bails , besides sir robert henleys common-pleas per annum .   per annum . ll . clark of the treasury custos brevium chyrographer clark of recognizances before both chief-justices clark of the supersedeas clark of the errors three prothonotaries philazers one with another clark of the warrants and estreats of the courts exigenters vtlary-office king's silver clark clark of essoyns jurata-office proclamators keepers of the courts the acknowledgment of fines fees out of records made up for tryal , and copies of records box-money fees out of judgments , bails , besides protho-noraries exchequer per annum .   per annum . ll . door-keeper of the office of receipt all the auditors remembr . of the first-fruits office the tellers office messengers in ordinary bag-bearer tally-clarks remembrancers offices comptroller , secondary , and several clarks of the pipe. keeper of the records the vnder-treasurer marshal auditor of the press clark of the errors faculty-clarks four messengers clarks of the office of pleas , in whose office are four attorneys clark of the estreats forreign apposer the chamberlains of the court , the cryer , and several other cryers admiralty per annum .   per annum . ll . register assistance to the chief officer ecclesiastical courts and profits and offices , ( first-fruits excepted ) the offices in all other inferiour courts , and the respective counties , ports and custom-house , may in reason be valued at offices are valued ( taking one with another ) as sold , and amount to l. per an. these profits will be in nature of coppy-hold estates , where fines are paid upon death , surrender , and admission , and the officers dependance upon ( will be of great use and advantage to ) your majesty . the green-wax fines by the particular valuation under every abuse amount to l. per an. fines upon pleas of land l. per an. heriots and reliefes l. per an. sum total of green-wax fines and offices . l. per an. divers branches ( viz. ) fines upon original writs , fines or amerciaments , ad finem litis , fines upon pleas of land , or in real actions , heriots and reliefs , being meer duties ; your subjects naturally love to be freed therefrom : yet your subjects never forego tolls , aulnage , or other duties which they hold by grants from the crown , and the commissioners or farmers of the customes , excise and chimney-money , never abate , because the duty is certain lawyers , officers , attorneys & solicitors , never abate of their fees , but take more , which they stile gratifications so salve it , with a volenti non fit injuria ; whereas clyents find by experience , that they are under a necessity of feeing , gratifying and greafing the wheels ; otherwise their business goes heavily up hill ; and private landlords never suffer their stewards to abate of ( or tenants to pay ) what rent they please : yet the officers of your majesties courts of justice have carved out the subjects ease , and their own profits , with altering the ancient course of courts , to the diminution of the ancient & inhaerent rights & profits of the crown , without an express warrant or commission upon record so to do ; whereas the author of the said book intituled antidotum britannicum pag. to . saith , that all monarchs and states have held for a prime and alphabetical law ; that the publick revenues are sacred and inaliable ; for when your royal supports is exhausted one way or other , it must be made up by taxations upon the people , which is very uneasy to them : ergo , it 's really necessary for your majesty to have your old profits setled , to be paid in statu quo upon the innovated proceedings or practice : or the honour of letting all your subjects know , that it 's your pleasure to forgoe your duties , and dispence with the alterations : otherwise officers will still be nibling at your majesties profits , et ad quam finem sese jactabit audacia , is uncertain : and the judges being fully imployed in judicial matters , cannot superintend the officers : and lawyers not being educated in the practice of attorneys , are wholly ignorant of the executive part ; so generally take the head officers advice therein , who are apt to speak favourably of the bridge they have gone over ; and your majesties pardons , licenses and dispensations , being matter of record ; and the judges wanting time to search and read , are in a manner necessitated rather to believe officers then go and see : however , the said brunskell ( considering how great officers decryed our saviours testimony ) doth bear his affliction patiently , because his conscience in this case speaks peaceably to him , murus ahaenus esto nil conscire sibi nulla pallescere culpa . the other branches of the green-wax fines are penalties to be inflicted upon tricking officers and practicers , or their litigious clyents , to silence the too litigious pronouns meum & tuum in a great measure , by lopping off many vexatious , cross , and delatory proceedings : and if officers for fear of punishment forsake their bad practices ; the benefit accrewing to , and the indearment of your subjects thereby , may tantamount the profits falling short . all which is humbly submitted to your majesties royal pleasure , &c. finis . notes, typically marginal, from the original text notes for div a -e capias pro fine l. per annum . issues of jurors . l. forfeitures or penalties upon actions popular , & informations , . l. * note , the prothonotary robinson confessed this abuse was true ; yet the judges of the kings-bench , & barons of your exchequer , never made any order to reform it . ergo , if confession , which is accounted as good as witnesses , produce no better effects , what can be hoped upon the evidence of one or two witnesses at chargeable tryals at law ? contempts l. fines upon originals . ll . fines before justices in eyre , commissioners of sewers , & clarks of the markets , l. amerciaments in turns & leets , l. allowances for justices wages sav'd , l. forfeited recognizances certified , l. forfeited recognizances not certified , l. * note , these things make offices sell at great rates , but the wise lord keeper bacon termes them the sick state of the exchecquer , and cautions sir john denham upon admitting him to be a baron of the exchecquer , to provide against them . ecclesiastical fines , l. per annum . sir francis north reports . sir charls harboard . sir francis norths opinion . maynard . mr. saunders . reymond . sir william jones . his reports . sir robert sawyers reports . pemberton . sir robert sawyers retractions . bishops oaths . lord chancellors . privy councellors . treasurers , chancellors , and barons oaths . judges oath . justices of peace . high-sheriffs . lawyers , officers , and attorneys . * spelmans glossary . * rotl . paten' and . hen. . * inter record . apud recept . scaccarii edw. . * camden's britannia * vernon's book . aligation disproved . * this duty falls under the said brunskells care , as surveyor of the green-wax-fines more particularly , as a commissioner constituted in the alienation-office , by your majesties most gracicious and special command . p●ee and post fines l. per annum . sir robert sawyers opinion . mr. wards opinion . * it is storyed , that bishop lattimer , upon king hen. the th . declaring himself troubled to see his coffers empty ; replyed , that if his majesty did but put himself into a good office , he might soon fill them . proposal . a declaration of the parliament of england, concerning proceedings in courts of justice. england and wales. parliament. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the parliament of england, concerning proceedings in courts of justice. england and wales. parliament. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : febr. , . caption title. initial letter. text of declaration in black letter. order to print dated: die jovis, febr. . signed: hen: scobell, cleric. parliament. reproduction of the original in the harvard law school library. eng courts -- england -- th century. judges -- england -- selection and appointment -- th century. broadsides -- england -- th century. b r (wing e a). civilwar no a declaration of the parliament of england, concerning proceedings in courts of justice. england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the parliament of england , concerning proceedings in courts of iustice . the parliament of england now assembled do declare , that being fully resolved to maintain the fundamental laws of this nation for the good of the people ; and having appointed iudges for the administration of iustice in execution thereof , do expect that they proceed accordingly . die jovis , febr. . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published . hen : scobell , cleric . parliament ' . london : printed for edward husband , printer to the honorable house of commons . febr. . . by the king. a proclamation to declare, that the procez of green waxe may be sealed at oxford as well as at london, for the courts of kings-bench, common-pleas and exchequer during these times of this unhappy distraction. proclamations. - - . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation to declare, that the procez of green waxe may be sealed at oxford as well as at london, for the courts of kings-bench, common-pleas and exchequer during these times of this unhappy distraction. proclamations. - - . england and wales. sovereign ( - : charles i) sheet ([ ] p.) by leonard lichfield printer to the university, printed at oxford : . at foot of title: given at his majesties court at oxford, this twelfth day of october, . because of the irregularities of the times, seals will be kept in london and in oxford. reproduction of the original in the bodleian library. eng courts -- law and legislation -- early works to . great britain -- history -- civil war, - -- early works to . oxford (england) -- history -- early works to . a r (wing c ). civilwar no by the king. a proclamation to declare, that the procez of green waxe may be sealed at oxford as well as at london, for the courts of kings- england and wales. sovereign f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation to declare , that the procez of green waxe may be sealed at oxford as well as at london , for the courts of kings-bench , common-pleas and exchequer , during these times of this unhappy distraction . his majesty having received information from severall persons , and from severall parts of this his kingdome , that the legall proceedings in the great courts of justice at westminster , the court of kings-bench , the court of common-pleas , and exchequer , are much hindered because the seales for those courts commonly called the green waxe seales , are kept and continued in london only , whether many of his majesties subjects dwelling in the westerne and northerne parts , and other parts of this kingdome , dare not resort for their procez to be sealed in these times of generall distraction ; but if his majesty should ordaine that seales should be kept at the city of oxford , as well as at london , for the sealing of the procez , of those courts whether all suitors , and their atturneys , clerks , and sollicitors , might have a free and safe accesse for the suing out and sealing of their necessary procez returnable in those courts , and those be made returnable at , and in , the said courts respectively at westminster , where it is determined that a part of the next 〈…〉 〈…〉 god save the king . printed 〈…〉 a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . [ ], - , [ ] p. s.n.], [london : . attributed to thomas sheridan. cf. halkett & laing ( nd ed.). pages and tightly bound in filmed copy. pages - photographed from cambridge university copy and inserted at end. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. courts -- england. taxation -- england. great britain -- politics and government -- - . france -- foreign relations -- great britain. great britain -- foreign relations -- france. great britain -- economic policy. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse of the rise & power of parliaments , of law 's , of courts of iudicature , of liberty , property , and religion , of the interest of england in reference to the desines of france ; of taxes and of trade . in a letter from a gentleman in the country to a member ●n parliament . salus populi suprema lex esto . printed in the year . the following preface newly writ by the book-seller's friend . whoever buyes this tract , will do a small kindness to the bookseller ; but he that reads it , will do a greater to himself . the title alone is a temptation to invite one to look into it , in this time of disorder ; but , if wit and learning , reason and piety , the knowlege of men and deep consideration of goverment signifie any thing , the discourse is a perfect snare to captivate the reader . and it hath one advantage peculiar to it self to detain him , that he will meet with many things there , which no man ever writ or perhaps thought on before . the novelty alone will gratifie the men of pleasure and curiosity ; and as for the grave and the wise , that chain of reason , and good nature which runs through it , will make them scratch and think twice , before they condemn it . it was written to a member of the last parliament about christmas last was twelve-month , and since that time has crept abroad into the world , and is now made more publick , as well for the general , as the book-seller's particular good . but a great chang of affairs happning in this interval , 't is fit to acquaint you , that the author never dream't of the horrid plot , which has bin lately discover'd , when he pleaded for toleration to honest and peaceable dissenters . he measur'd other persons by his own candid temper , and did not think there cou'd be found a sect of men , who wou'd endevor the advancement of their religion by shedding the blood of their prince , in an age , when rebellious principles and their abettors , have receiv'd such confutations , as they have in this , both by god and man. but truth doth not vary with time , how much soever some persons may abuse it . i cannot persuade my self , but that liberty of conscience is a natural right , which all men bring with them into the world ; for we must all give an account of our selves to god , and stand or fall by our own faith and practice , and not by the religion of the state or countrey where we happen to be dropt . 't is impossible for men to believe what they list , or what others wou'd have them , tho it shou'd be beaten into their heads with beetles . persecution makes some men obstinate , and some men hypocrites ; but evidence only governs our under standings , and that has the prerogative to govern our actions . the design of christianity is to make men happy in the other world ; and in order thereunto , it teaches them to regulate their passions , and behave themselves with all sobriety , righteousness and piety in this . the doctrines whereby this is enforc'd , are so few and so plainly deliver'd , that they are at this day acknowledg'd by all the several sorts of christians that make a number , or are fit to be consider'd under a name in the world. for how many are there , who do not profess the apostles creed ? which was the old rule and measure of christian faith , unalterable , unreformable , from which nothing ought to be taken , to which nothing need to be added ; as irenoeus and tertullian declare . and if men wou'd be persuaded to preserve these ancient boundaries of christianity inviolate , and suffer the primitive simplicity to be restor'd ; the great occasion of squabble and contention wou'd be cut off ; and they wou'd not dispute for ever , about a lock of wooll , or the knots of a bulrush ; but instead of being extremely learned in trisles , and extremely zealous for moonshine , they wou'd grow kind and charitable and lay aside their unreasonable censures of one another . aquinas and bellarmine , and the synopsis purioris theologiae , wou'd not be studied so much , but the sermon on the mount a great deal more ; and upon casting up the account , it wou'd be found , that what we lost in subtilty thereby , we shou'd gain in religion . st. hilary , the famous bishop of poictiers , has an excellent saying to this purpose , non per difficiles nos deus ad beatam vitam quaestiones vocat , nec multiplici eloquentis facundiae genere solicitat ; in absoluto nobis & facili est aeternitas ; iesum suscitanum à mortuis per deum credere , et ipsum esse dominum confiteri . god doth not call us to heaven by understanding abstruse and difficult questions , nor invite us by the power of eloquence and rhetorical discourses ; but the way to eternal happiness is plain , easy , and unintricate ; to believe that god rais'd up iesus from the dead , and to confess him to be the lord of all . the sense of this will soften the minds of men , and dispose them to mutual compliances and forbearances ; and then we shall not think it needful , by severities and penalties , to compel others to go to heaven , in our way , with great uneasiness , when we are resolv'd , they may with safety and pleasure get thither in their own . upon these grounds , the wisest emperors in christendom have allow'd liberty to dissenters , as theodosius did to the novatians , who had separate churches at constantinople , and bishops of their own persuasion to govern them , and enjoy'd all the priviledges of catholic christians . and the opinion of king iames sent to cardinal perron in the words of isaac casaubon , will be remembred to his honor , whilst his name shall be known in the world , as the best rosolution which was ever given of this question . rex arbitratur rerum ad salutem necessariarum non magnum esse numerum , quare existimet ejus mojestas nullam ad ineundam concordiam breviorem viam fore , quàm si diligenter separentur necessaria à non necessariis , & ut de necessariis conveniat omnis opera insumatur , in non necessariis , libertati christianae locus detur . the king is persuaded , that there is no great number of things necessary to salvation ; wherefore his majesty believes there will not be met with a shorter way to peace , than that distinction be carefully made , between necessary things , and those that are not so ; and that all pains be taken for agreement in necessaries , but that allowance be granted for christian liberty in those things that are not necessary . this is not a demand which has been only made of late , since the christian name has been so scandalously divided as it is at this day ; but 't is that which the primitive christians pleaded for as their right and due , that they ought to be tolerated , though they were mistaken , so long as they were peaceable . to this end tertullian made an address to scapula , the governor of africa , and tells him , humani juris & naturalis est potestatis unicuique quod putaverit colere , nec alii obest aut prodest alterius religio . sed nec religionis est cogere religionem , quae sponte suscipi debeat non vi . cum & hostiae ab animo libenti expostulentur . ita etsi nos compuleritis ad sacrificandum , nihil praestabitis diis vestris ; ab invitis enim sacrificia non desiderabantur , nisi contentiosi sint ; contentiosus autem deus non est . it is the right of mankind and a natural privilege to worship according to what he believes . one man's religion doth neither good nor harm to another ; 't is no part of any one's religion to compel another man to be of the same with him , which ought to be undertaken freely , not by compulsion , even as the sacrifices are required to be offered with a willing mind ; and therefore tho you compel us to sacrifice , you will do no service to your own gods : for they desire no offerings from the unwilling , unless they be quarrelsome ; but god is not contentious . lactantius has spent a whole chapter to shew the unreasonableness of persecuting men for religion , and that violence is an incompetent argument to propagate truth . st. chrysostome makes it a mark of heresie , and argues thus ; doth the sheep persecute the wolf ? no , but the wolf does the sheep . so cain persecuted abel , not abel cain . ismael persecuted isaac , not isaac ismael . so the iews persecuted christ , not christ the iews ; so the heretics do to the orthodox , not the orthodox to the heretics ; therefore by their fruits you shall know them . the truth is , the persecuting practice was first introduc'd among the christians by the fiery and turbulent spirits of the arrian heretics , who had corrupted the emperor constantius , and brought him to their party , and then made use of this power to confute the catholic bishops and their adherents , by banishment , imprisonment and confiscation of goods . against which unworthy proceeding , athanasius inveighs with great reason , and vehemence , as a preparation for the coming of antichrist . but when this poison was once cast into the church , 't was but a short time before the sounder and sincerer part of christians was infected with it ; and as their interest grew at court , so they made use of it , to basfle their adversaries , and retort their own arguments upon them ; obtaining lawes to be made against several heretics , with very severe penalties , the loss of goods , of liberty , the power of making a will , and in some cases , the loss of life . which law 's are yet upon record in both the codes of iustinian and theodosius . but tho by this means they prevail'd at last to suppress the heresies which troubled the church , yet the best and wisest men amongst them disapprov'd the expedient , and thought it unreasonable , to purchase the establishment of truth , by ●uch rigours and by the shedding of blood . the first instance which i remember of any capital sentence formally pronounc'd against any dissenters , was against priscillian and some of his followers ; but then st. martin the bishop of tours interceded with all his might to hinder the proceeding ; and sulpitius severus gives an ill character of the fact , when he sayes , homines luce indignissimi , pessimo exemplo necati , aut exiliis necati . 't was of ill example and a scandal to christianity , that they were banish'd or put to death , tho they did not deserve to live . and when a band of soldiers was sent to suppress a conventicle of the donatists ( who were very numerous and extremely trouble some in africa . ) and bring them to church ; parmenian objected the armatum militem , and the operarios unitatis , to the catholics , as an unseemly and an unworthy practice . and it cost optatus a great deal of pains , to write almost a whole book to wipe off the imputation ; which he could not do , but by denying the fact as a calumny , whereof the catholics were not guilty , and disagreeable to the doctrines of their meek and peaceable master . st. austin has declared his opinion how the manichees were to be treated in such favourable and gentle words , as shew he was not pleased with the law in force against them . cod. iust. l. tit. . de haereticis : leg . manichaeos : illi in vos saeviant qui nesciunt , quo cum labore verum inveniatur , &c. let them be rigorous against you , that do not understand what pains is requir'd in the discovery of truth ; and with what difficulty errors are avoided : let them be severe against you , that know not , how rare and hard a thing it is to conquer carnal representations by the serenity of a devout mind . let them rage against you , that are ignorant with what labor the eye of the inward man is cur'd , that it may be able to behold its own sun ; let them be cruel towards you , that know not what sighs and groans are necessary to the understanding of god in any degree : in fine , let them be angry with you that are free from all such mistakes as they see you deceiv'd with . but for my self , i can in no wise be severe against you , for i ought to bear with you as with my self , who was once one of you ; and treat you with that patience and meekness as was shewn to me by my neighbours , when i was furiously and blindly engag'd in your erronious doctrines . salvian a priest , and as some think a bishop of marselles , has manifested the like candor and meekness towards the arrians . haeretici sunt , sed non scientes : denique apud nos sunt haeretici , apud se non sunt &c. they are heretics , but they are ignorantly so ; they are heretics in our esteem , but they do not think themselves so ; nay , they so firmly believe themselves catholics , that they defame us with the title of heresy . what they are to us , the same we are to them ; we are certain they injure the divine generation , by saying the son is inferior to the father ; they think us injurious to the father , because we believe them equal ; the honor of god is on our side , but they believe it on theirs : they are undutiful , but they think this the great office of religion ; they are ungodly , but this they believe is true godliness ; they err therefore , but they err with an honest good mind , not out of hatred but affection to god beleeving that they both love and honor the lord. altho they want a right faith , yet they are of opinion . that this is the perfect love of god ; and none but the iudge can tell how they are to be punish'd , for the mistake of their false doctrine in the day of iudgment . this was the soft and charitable spirit which breath'd in those eminent defenders of christianity , who were so zealous for their religion , as to suffer for it themselvs ; but not so furious as to make others suffer to promote it . they had another method of propagating the truth ; in meekness instructing those that oppose themselvs . for indeed the only proper punishment of the erronious , is to be taught . having discours'd thus far concerning indulgence towards dissenters ; i. e. for charity , righteousness and peace ; and that every one has a right , by the great charter of nature , to make the best provision he can for his own happiness ; i foresee the envy to which this way of reasoning will be expos'd ; as if it open'd a gate to . all sorts of sects and foolish opiniators , even to atheists themselvs ; and stript the magistrate of that power , whereby he is enabled to attain the end of government , that the people under him , may lead quiet and peaceable lives , in all godliness and honesty . i know so much of human nature , and the extravagant follies of mankind left to the conduct of their own passions , that these wou'd be the certain consequences of unlimited liberty to all persons ; and therefore i plead not for it . my notion of liberty precludes all the inconveniences in this objection . 't is not a natural law which is unchangable , but a natural right only for a man to chuse what religion he will profess . and there is no right of nature , which i know of , but what is limitable to the public good , and forfeitable by the abuse of it . a man may forfeit the right which he has to life , which he holds by nature , as well as to his estate , which he holds by law. an atheist , a murderer , &c. may as justly be kill'd as a viper , or a wolf , or any other noxious animals ; because they have don irreparable mischief to the commonwealth already , and to prevent doing more for the time to come . the natures of such persons are greatly degenerated , and t is but reasonable , that they who have lost the common virtues , shou'd likewise lose the privileges of mankind : and i judge the like concerning the liberty which every man has to inquire into the truth of several systems of religion , and publicly to maintain that which appears to him establish●t upon the surest foundations . when t is apparent , that religion it self is damnified , the safety of the government endangered , and the peace of the common-wealth broken by any sort of doctrines , the persons professing those doctrines have forfeited their natural freedom , and ought to be restrain'd . accordingly , first , no man is to be allow●d to publish impieties which evidently tend to the dishonor of god and wicked life ; as , that god doth not take care of the affairs of this world ; and , that there are no rewards and punishments in the other ; that there is an indifferency in human actions , and no good or evil antecedently to the civil constitution , &c. for the truth in these cases is so plain by the light of nature , and by the manifold discoveries which god hath made , that no man who seeks for it with an honest mind , but may discern it ; and accordingly errors of this nature are not to be ascrib'd to weakness of iudgment , which is to be pitied , but consider'd as proceeding from malicious principles , and tending to base ends , and so are punishable as corruptions in manners . this sort of men indeed are not within the limits of this question , for they have no conscience , and therefore can challenge no privilege from it ; and no goverment can have security from men of no conscience ; and therefore cannot be blam'd , if it do not protect them . and , seeing they oppose the consent of mankind in such momentous affairs , why shou'd they not forfeit the benefit of human society ? and if the sword were oftner drawn and sharpn'd against them , it might possibly reconcile some persons to the authority , who are now no great friends to it , nor altogether of st. paul's mind , that the minister of god bears not the sword in vain , but is a punisher of evil doers , and a praise to them that do well . secondly , no man can claim any right to freedom , whose doctrines tend to the destruction of government in general , or the dissolution of that which is establisht . for the benefits of goverment are so great , ( tho like those of health , they are not so sensibly discern'd by any thing so much as by their absence ) that all mankind have bin contented to purchase them , by parting with somthing out of every ones stock , to maintain a common arbitrator of differences , and a common defence from injuries . and the alterations of any particular form , or the removal of any particular person , in whom the government is fix'd , is always attended with so many certain inconveniencies , and , if with any , such uncertain advantages , that ordinary prudence ought not to trust such persons whose religion leads them to anarchy or to change. nay , submission to goverment is so incorporated into all religions of the world , natural , pagan , iewish and christian , that 't is impossible any one can reconcile religion with the opposition to the present government : therefore all such doctrines as these , that dominion is founded in grace ; that 't is lawful to depose heretical princes , or vindicate the true religion by the sword ; that an idolatrous king may be cut off ; that the original of power is in the people , and upon male administration and tyrannical government , they may resume their first grant ; are to be discountenanc'd in every common-wealth , and the abettors of them to be restrain'd and punisb't ; unless the rebels of england have some peculiar privilege ; and they that ought to be hang'd in every other nation under heaven , have a particular charter to be indulg'd as the godly party here . thirdly , he that will not allow the same liberty which he asks , destroys the right to his own demands ; he is of a narrow persecuting spirit ; in love with his own dear self , proud , conceited , and an enemy to the rest of the world. for , i pray , are we not all equal by nature , have you more of the image of god , or a less share of original sin than i ? you tell me , that i am an idolater ; and cannot i say , that you are a heretick ? you are certain , if god's word be true , and the spirit of god do not deceive , you are in the right ; i say you are very confident , and solomon tells us , the fool rageth and is confident . i took not up my religion upon trust , i have read the bible and the ancient writers , the most indifferent arbitrators of differences in religion ; i have consulted the wisest men , and heard all parties speak ; i have pray'd to god for his assistance , that he wou'd guide me into all truth , and i verily think god has answer'd my prayers ; and 't is you , not i , that are in the mistake : but because there may be no contention between us , i am contented to compromise the quarrel , and we will dwell together charitably with united affections , tho with different iudgments . but you cannot in conscience accept of this fair offer ; you have a command to the contrary : come out from among them and i will receive you ; be not unequally yoaked with unbelievers : have no fellowship with the unfruitful works of darkness , but rather reprove them . you have a promise to depend on , and you look up to god to perform it . behold , i will make them of the synagogue of satan , which say they are iews , and are not , for they lye ; i will make them to come and worship before thy feet , and know that i have loved thee . well sir , i am sorry my tender of peace is so scornfully rejected , upon the misapplication of such texts of scripture , as equally and indifferently serve all parties , or are nothing to the present purpose ; you must not be angry , if i strike the first blow , rather than suffer you to take your own opportunity to knock me o th head . when the cause comes to be tryed , before equal umpires , you will be judg'd out of your own mouth , that challeng'd liberty , which you wou'd not grant : for you have transgrest the great rule of righteousness , not to do to others , what you wou'd have done unto your self . upon these terms , the pretences to liberty are destroy'd . but if the wisdom of any state shall confine their indulgencies to pious , obedient , and charitable dissenters , i cannot perceive the prejudice , which difference in speculations and disputable points can do in religion , or the power of the magistrate . but at the same time i cannot but admire the admirable temper and moderation which is shew'n in the church and goverment of england ; that requires nothing necessary to salvation , but the acknowlegement of the ancient creeds ; that teaches nothing , but what is pious and charitable ; whose lyturgy is grave , wise and holy ; whose rites are few and material ; whose laws are full of candor and compliance , allowing freedom to any five dissenters together to worship god , in their own way : whose true sons and subjects , are the greatest favorers of christian liberty , which are in the world ; and i pray god , to give all people that disown it , wisdom to understand it . the publisher to the reader . having , i must own , not without pleasure , read the following papers ; and believing they might in several instances ( i do not say all ) give som satisfaction to others , and contribute to the public good , for which , i perswade my self , even those notions that seem most od and impracticable , were intended ; i resolved to make them public ; but was check't again , by calling to mind , that he from whom i in some sort extorted them , oblig'd me not to discover him : nevertheless , considering i might do the one without the other , i pursued my former resolutions ; yet taking this further care , that even the printer should not know from whence they came . and now let me tell you , whatever you shall think of this discourse , 't is the issu of a sober brain , tho perhaps a little too much inclin'd to humor , and rigid vertu ; and not so agreeable or smooth , as you would have had it , if my friend had dressed it for the eyes of any other besides my self , to whom he sent it sheet by sheet ; and having writ it in less than eight of the last holy-dayes , you may believe , had i allowed more time , it would have come , even to me , reviewed . as it is , i make it yours ; and assure you , what ever censure you pass upon him or me , we shall both be unconcern'd : as complesance made it mine , so a good intention , of serving my country , makes it yours . for my self , i do not aim at being richer or greater ; the patrimony left me , satisfyed and invited my unambitious mind , to the retirements of a privat life ; which i have made easie by innocent recreations , company , and books : it was not my own seeking , that i am now plac'd in a more public station ; wherein , tho perhaps i have done no good , yet , i am pleas'd , i never did any hurt ; having alwayes pursu'd , without passion or interest , what ever my conscience ( the best rule and severest iudge of men's actions ) convinced me was best . as to my friend , he is one has read some books , and more men ; thanks god he is , that , which the world calls a fool , a good-natur'd man , one that heartily loves all mankind ; and has so particular a zeal for the good of his country , that i believe he would sacrifice his life to serve it . but almost despairing , that ever things will be better than they are ; and finding , by what he has seen abroad , that a man may live more happily in england , than in any part of europe ; and now grown old , by temper , more than years , he has resolv'd , chiefly to mind himself ; whom , to enjoy more fully , he has bid adieu to all thoughts of business ; to which , having never been bred by any calling , he has had the more opportunities of considering all , of improving himself , and observing most sorts of men ; and , as a speculative philosopher , to the entertainment of himself and friends , he passes very free remarks on all actions and things he judges amiss ; and , being byass'd by no manner of interest , i am perswaded he speaks his conscience : and he has the good fortune , to make others often conclude , he do's not only speak a great deal of truth ; but also further satisfies them , that it is much easier to find faults , than mend them ; that there ever were , and ever will be , disorders in all human societies ; that there are fewer in that of england , than in any other , and that they are there more curable . thus much i thought fit to tell you , to prevent any misapprehensions concerning the persons who are the occasion of this trouble , or diversion , call it what you please . the contents . . state affairs not fit to be discoursed by privat men . page . of the rise of parliaments . . origin of government , with a brief account of laws , revenues , trade , and natural religion . . a new method of electing members , objections against this present parliament , and their answers . . of lawes , &c. . of better restraint of offences than punishment by death . . of courts of iudicature . . of liberty , property , and religion . . differences in the last nor hurtful nor restrainable . . how toleration may be safely granted . . how to prevent divisions among christians , and to make all really not nominaly such . . to regulate and reform the abuses of the press ; the inconveniencies of printing as now managed . . the intrest of england in reference to france . . reasons why the king did not declare war against that crown . . the king's care of ireland to prevent french designs . . of an union between england and ireland , or the repealing poynings act. . of taxes to make them great and perpetual , most for the peoples ease and common good . . that l. formerly was in real value equivalent to l. now , and in use to l. with the reasons of the disparity . . the dangers of not perpetuating , apportioning and applying the revenue to the particular charge and uses of the crown or state , and the advantage of doing so . . the objections against perpetuating the revenue , considered and removed . . that french or any other commodities are better restrained by height of duty , than absolute prohibition . . several taxes considered , excise , hearth-mony &c. . a tax upon new buildings , a pole-mony , and how to secure it against frauds . . a tax upon unmarried people . . of trade , of the value of labour , how the people and riches may be encreased , &c. . that forreigners are to be invited , and how . many other things for advance of trade , as registries or their equivalent on practisers of fraud ; how work-houses may be erected , all poor and beggars provided for , and a nursery for an army either for land or sea-service to be suddenly raised on any emergency , without grievance or pressing of the people &c. errata . in the title page for ( member in ) read member of . p. . to the reader , read unfashionable rigid virtue . p. . l. . r. extravagance . p. . l. . r. destructive . p. . l. . for ( and policy ) r. or policy . ibid. l. . r. as head . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. end. ibid. l. . for ( clearer ) r. cleaner . p. . l. . r. a red sea. p. . l. . r. sacrament . p. . l. . r. have slay'd . p. . l. . dele , til , they ; p. . l. . r. finesso . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. poynings . p. . l. . r. claim a greater . p. . last l. for ( make ) r. may . p. . l. last , r. haver . p. . l. . r. brewers only . p. . l. . r. but also . p. . l. . r. twice stronger . p. . l. . r. many many . p. . l. . r. shal not be . p. . l. . r. representative . p. . l. . r. bettor . the introduction . sir , had you only commanded me to have given you an account of the laws and customs of another utopia , an isle of pines , or of o. brazil , ( tho unfit even for such a task ) i wou'd not have disputed it : but finding you have impos'd upon me , who am neither states-man nor merchant , a necessity of playing the fool , by treating of englana's policies and trade ; i confess i cou'd not without great reluctance comply with so severe an injunction . i have always been averse to discourses of this kind ; which in privat men are no farther tolerable , than as idle philosophers , to pass away their vacant hours in such otherwise useless speculations ; and in them too , i have heard 'um oftner condemn'd than commended , the authors esteemed foolish , and impertinent , troublesom or dangerous ; and som we know by indulging themselves too much in this vanity , have straitned , if not wholly lost their liberty and fortunes . we live not in plato's commonwealth , but in foece romuli , where a ful reformation of laws and manners , seems only to be wish'd , not to be obtain'd without a miracle . why then shou'd any , especially the unconcern'd , busy their heads with what they cannot mend ? 't is much more pleasant and safer far , to let the world take its course , to believe that in the regular , stated , motion of nature , things are so order'd by divine providence , that they wil not , cannot , suffer themselves to be il manag'd . nature , if we hearkn'd to her dictates , as well as religion ( which we equally despise ) would convince us , it were our duty ( i am certain it wou'd be our interest , our happiness even in this life ) to submit quietly to the powers above , and their ordinances , because all powers are of god. thus i acknowledge every privat man ought to think and do ; but public persons , that is to say , law-makers are to consider they were born not only for themselves , but for the good of others , and therefore are oblig'd to exert that power with which they are intrusted , for the joint common good of the people , without partial regards or privat ends . if they wou'd sincerely mind this ; and if our hot-braind state-mountebanks , who being but privat men , yet quarrel at every thing that is not conformable to the capricio's of their own wild fancies , wou'd cease to intermedddle in their superiors province , england might be the happpiest kingdom of the world ; whereas the contrary practise rendred her not long fince the seat of civil wars , tyranny and confusion , and has at present so filled her with murmurings , and repinings , iealousies , and fears , that she which formerly gave law to others , and was a terror to more than europe , is now in danger , to become weak and contemptible in the eys and opinions of her neighbors . these , and such like , were the considerations , that made me so long resist your command ; to which i had never yielded , but to prevent the loss of your friendship , with which you so solemly threatn'd me in your last . take then in the same order you prescribe , the best account i am able in so short a time to give to your several following particulars of the rise and power of parliaments , of laws ; courts of iudicature ; of liberty , property and religion ; of the interest of england in reference to the desines of france ; of taxes and of trade . but you are to observe , that what i write is with as much liberty , and little care , as people discourse in coffee houses , where we hear the state-affairs of all nations adjusted , and from thence guess at the humor of the people and at the times . in this therefore , you are not to expect , any studied phrases , or elaborat connexions , close neat transitions , &c. your servant ( whom i conjure you by the strictest ties of friendship , not to discover ) has neither will , nor leisure for such a work , which being intended only for your closet , you may be content to take in a plain english dress . the great and many revolutions and changes , which in all places have attended human affairs ; and the particular inundations of the romans , saxons , danes , and normans , into this kingdom ; together , with the ignorance and carelesness of former ages , have left us , in so much darkness and uncertainty , that i think it not only difficult , but morally impossible , to trace out exactly the beginnings of things . if it be so then in all affairs , we may cease to wonder , why men are so much at a loss , in their enquiries into , and debates of the present matter , viz. of the rise and power of parliaments ; which has received very different formes and shapes , according to the interest and power of the several contending parties ; this makes me think , its tru face can never be fully discover'd , tho perhaps it may be uncertainly guess'd at , by som lines , saint shadows , and stronger probalities gather'd from the scatter'd memoires of monks , who cannot well be suppos'd impartial , especially in ecclesiastical , nor full in the relations of state-affairs ; in the accounts of which they did not hold themselves concern'd : but yet they are the best guides we have ; for from the ancient rolls in the tower , one cannot believe , there was any exact diary of things ; or if he do , must conclude , many are spoyl'd by the injury of time , omitted thro negligence , or made away for privat ends. however we may yet pick out of both this truth , that tho the rise of parliaments , like the head of nilus , be unknown , yet they have bin of long standing and of great power . and we shall find it reasonable they shou'd be so , if we look back into the grounds and origin of goverment ; which we may suppose to have bin introduc'd by the general consent and agreement of as many families , as upon the encrease of mankind , joyned in one common society , divided the earth into particular proportions , and distinguished between meum and tuum ; to this they were induced by love , not fear , which is but the consequent of that , reason convincing that the enjoyments of life were thus best serv'd and promoted . and because that being and well-being , cou'd not be continued or enjoyed , but by the society of women , and the products of labor ; and that , if some wou'd be idle , and many covet the same woman , the great desine of nature , happiness , founded on living well , and in peace , might be perverted into the state of misery , war ; to prevent the two necessary consequences , poverty and death , they entred into mutual compacts , articles , or laws , agreeable to that great and fundamental law of nature , rivited into their beings , to do as they wou'd be done unto ; that is , they resolv'd , agreed , and promis'd one another , to be guided by the rules of reason ; or , which is one and the same , to continu men. but , because it was probable , som yielding too much to their passions , might swerve from this great rule , and so , wrong others as well as themselves ; therefore , that no man might be iudge and party , they unanimously confirmed to the elder person , the continuance of that right , which nature had given him over the fruit of his loynes during its minority , to determin what ever differences shou'd happen ; believing him , as the common father of the family , to be most impartial , and as the longer experienced , the wisest man. this power , tho great , exceeded not the limits of their then-enacted laws , in their tru and natural meaning , which they took care to make very few and plain , that all disputes and intricacies ( not only the disturbers , but destroyers , of iustice ) might be avoided . and finding they were not only lyable to danger at home , but from abroad ; from such other societies , as had already , or might afterwards set up for themselves ; and that it was not possible for all , to watch against these dangers , they therefore resolv'd to put that care into the hands of one man ; ( for which great undertaking , the coward , as the fool , if those two really differ , were equally unfit , inconsideration in the one , being what fear is in the other , ( a betraying of the succors which reason offers ) nature then , by giving their iudge most authority , wisdom , and conduct , which with tru courage ( the effect also in a great measure , of experience ) are the great qualifications of a general , desin'd him for that honor ; which the people readily confirm'd , promising obedience , and investing him with the power of making war and peace : but ( at his instance ) reserving to themselves , the liberty of examining and approving the reasons : which the great and wise captain judg'd convenient ; knowing , without the consent of all , he cou'd not but want the assistance of som , which might dis-able him to defend himself or them ; whereupon , the ruin of the whole must inevitably follow . and , because the prince his whole time must be employed in this great work ; part of which , was the preparing his son for the succession , by instilling into him the necessary seeds , the principles of vertu , religion , wisdom , courage , munificence , and iustice : the people willingly agree'd to entail upon him , and his successors , a certain excisum , or proportion of every man's labor , answerable to the occasions of the public ; and to the particular state and grandeur , necessary for the support and maintenance of his authority and reputation . but because a greater proportion was needful for extraordinary accidents , as of war , &c. they set apart annually another quota , to remain for such uses in a kind of public bank , so to be order'd , as might greatly increase their common treasure , and do good to the poorer sort of laborers and trades-men , and maintain in hospitals , such impotents or aged persons , as shoud be disabled , to make provisions for themselves . the revenu they made great enoff , as wel as certain , that the prince might not ly under any necessity of contriving from time to time , new artifices and wayes of raising money , that great rock of offence , on which they foresaw no prince could stumble without vexation , animosities , and hatred ; not only discomposing the happiness , but occasioning the overthrow of any state. and so the people , being sure of the remainder , they proportion'd their expence to their gettings ; the former they moderated , not only by prudent sumptuary laws , but by the hazard of their reputations , esteeming it infamous , not to lay up yearly somthing of their labors ; by which course , the public taxes became easie . which they made perpetual , that their children shoud be under a necessity of following their examples of thrist , and so might likewise be insensible of the burden ; fore-seeing that taxes impos'd upon people , who are so far from saving ought , that they account themselves good husbands , if they do but yearly make both ends meet , beget il blood , murmuring and discontent ; crying , that the bread is taken out of their mouths , or the cloths from their backs , which are often followed by the evil consequences of rebellions , and the subversion of the common - wealth . for such never consider , that their own extravance made those imaginary needs ; which , when they happen , are no otherwise to be removed , but by moderating former expences . thus , they wisely contriv'd , and interwove the perpetuating the subjects safety , and the princes dominion ; never secure , but when founded on mutual love and confidence : i do not find the practice of this policy any where so wel continued , as in the states of venice and holland ; which has preserved the first about centuries , and made the later increase so prodigiously in less than one . now , because they foresaw , the products of their labor wou'd exceed their expences , and that the remainder wou'd be useful , for commutations with their neighbor for som of their commodities , but that in driving this trade they wou'd be exposed on sea to pyracies , &c. to make their navigation safe , they agreed , that the public for securing them , shoud receive by way of praemium or insurance , a certain excisum out of all things exported or imported , which we now cal customes . and , lest the too great desire of wealth , shou'd make them forgetful of their duty to god , their parents , and their country , that is to one another , they ordain'd , that a sufficient number of the elders of the people , grave , sober , discreet persons , shou'd at certain times , set apart for that purpose , remind them of their duty , in every of those particulars , and also instruct their children in the laws of god , and of their country . and , because the tending of this work wou'd take up a considerable portion of their time , they allowed salaries to these public officers , out of the common stock . in those days of innocence , when art was not interwoven with religion , nor knavery with policy , it was an easy matter to be pious and just : and if the higher powers were pleas'd to remove these two , we shou'd soon again see that golden age ; the duty of both tables was comprised in few articles , that to their neighbors , consisted as now , in doing as you would be don unto ; that towards god , ( of whose being they were convinced by the strongest of demonstations , the consideration of the visible things of the world , ) in thanksgivings , and adorations , the effect of gratitude to the author of their being , and of all good things , in believing the immortality of the soul , and of its being susceptible of rewards , and punishments in another life , and in the consequence , that sin is to be repented of . these were their common sentiments , the dictates of nature ; the substance of which was acknowledg'd by al , even the most barbarous of nations ; and therefore cou'd not be the inventions of policy , the dreams of melancholy men , or the effects of education : these are the opinions of the unthinking , and therefore wild and loose , and were the wishes formerly of the few debauch'd ; but the great , sober and wise philosophers of all ages , upon the exactest scrutiny , finding them to be the impresses of nature , as essential to our being as light to the sun , pronounced the speculative atheist an impossible thing . and because they were sencible that a lyer as destrustive of the very being of human society , ought to be banished the commonwealth , the first of their laws , and the cement of the rest was , that every man shou'd not only speak truth to his neighbor , but stand firm to his promises . and knowing that laws , tho never so good , wou'd prove insignificant , if not duly observed ; and that som men wou'd never be wise , that is , wou'd never consider , and consequently wou'd not easily be restraind from folly , from offending ; to deter the slavish and inconsiderat , they did , not only annex certain penalties to the breach of the laws , but unalterably decreed , that no offender tho never so powerful , shou'd escape the punishment . these penalties were pecuniary mucts , loss of liberty , bodily labor to the public , or banishment ; the power of life and death , they wou'd not give ; because they cou'd not transfer that to another which was wanting in them selves ; the taking away of life was peculiarly reserv'd by nature , as its own indispensible right , as most reasonable , because she alone coud give it : they consider`d , that terrors are but affrightments to duty , that corrections are for amendment not destruction , which course shou'd they have pursu'd , they might accidentally have run themselves , into a state of war : since nature had told them , it was not only lawful , but necessary , if they coud not otherwise preserve their own , to take away the beings of any that attempted theirs ; that it wou'd be against the end of society , mutual happiness ; this rendering the sufferer uncapable of all , to which therefore he neither cou'd nor wou'd have consented . this or somthing not unlike it was i perswade my self , the form & substance of the first commonwealths , which if you narrowly look into , you may perhaps find som lines , that drawn out fully , might be no il model , for any common-wealth . and to come nearer home ; it has some resemblance to what , for several past ages , this kingdom did , and does now enjoy . to omit the brittish times , of which we have but very thin gleanings of the druids their oracles of learning , law and religion ; and to skip over that of the romans , who were never able perfectly to introduce their manner of commonwealth ; we shal find that in the time of the saxons ( a people of westfrizland , so called from the shape of their sword , a kind of cymeter , ) and in that of the danes , the manner of goverment was , as now in substance , the not in form or name , by king and parliament . but whether the commons were called to this great assemby or no , i cannot find , from the imperfect registers of elder times ; one may guess , they were originally members of it , because the same people in westfrizland , from whence they descended , do at this day continu , a form of government , different from all the rest of the provinces , not unlike this . there are sufficient proofs , that the peers , that is , the chief of the clergy , and best estated gentry , were as often as the king pleas'd ( for it was originally edicto principis ) summon'd to consult with him of the great affairs of state : which council was before the conquerors time , call'd by several names ; as concilium absolutely , sometimes the epithets of magnum , generale or commune were added : it was often known by the name of curca magna and others , and was compos'd ex episcopis , abbatibus , ducibus , satrapis & sapientibus regni ; among which , if any wil say the commons had place , i will not dispute , because in those times when titles of honor were not the arguments of good fortune or the mark 's of the prince's favor , the king cal'd to this great council , such as large possessions , courage , or wisdom recommended as fit : for we find that the fathers having sat there , gave no right to such sons , as did not with their estates , inherit their vertues . it appears farther , that the great council in the later end of the saxons reign , and til the beginning of king iohns , had , by the grace of kings , accustomed themselves , without any summons to meet thrice every year , at christmas , easter and whitsontide ; which course was not interrupted by any particular summons , but when in other seasons of the year , the public occasions required their meeting . the long continuance of the barons wars , made the before stated meetings , of the great council , return to the uncertain pleasure of the prince . what ever the power of the commons was before the conquest , it plainly appears , that for somtim afterward , their advice was seldom desired , and as things were then ordered , their consent was not thought necessary , being always included , in that of the lords : for the conqueror having subjected the natives to an intire vassalage , seiz'd upon all their possessions , reserved to the crown larg proportions , in every county , gave part to the church in francalmoine , and the residu to his fellow adventurers in the war , to be held by knight servic● . these subdivided part of theirs to their followers , on such conditions as render'd them perfect slaves to their masters , rather than their lords : by the possession of so much power , these barons or freeholders ( for theword signifi'd no more ) did what they pleas'd with their vassals , became very terrible to the conqueror and his successors : to curb whose extravagance , tho all were willing , king iohn was the first that made the attempt ; but by his over hastiness , he gave birth to the lasting broyles of the barons wars . he with desine to suppress the too great power of the lords in the sixth year of his reign , about a war with france , call'd for the commons advice and council with the lords ; which had bin don above one hundred years before by henry the first , who in his reign summon'd them twice , at his coronation , and in his eighteenth year . the next time after king iohn that we find them summoned , was in the forty ninth year of henry the thirds reign ; whose summons appears upon record : so that he may be said to have perfected , what henry the first , and king iohn desin'd , making the commons a part of that great iudicature , which they have ever since continu'd , and for some time after , in one and the same house . it was usual in those days to mention in the writ , the cause of assembling this council ; in a summons of edward the first a wise , just , and therefore a fortunate prince , concerning a war with france , in the seventh year of his reign , these words are observable , lex justissima providâ circumspectione stabilita , ut quod omnes tangit ab omnibus approbetur , much better sense than ` latin. succeding kings have bin pleased to consult in i arliament , of all the high and great concerns of the state , of what nature or kind soever . the consulting thus with the wholebody of the people , was first the grace & pollicy of kings , & the practise was always succesful to those that us'd it , as the contrary prov'd destructive : for the kings having by this course gaind their subjects hearts , found it easy , to command their purses , and their hands . this great representative of the commonwealth , the parliament , consisting of three estates , viz. the lords , spiritual and temporal , and commons with the king at head , you wil with me easily conclude , may do any thing , within the reach of human power . you must pardon me , if i wave anatomizing the distinct powers of the several parts of this great body ; whosoever first attempted that , desin'd the overthrow , of the best constituted goverment in the world , where the king wants no ensines of monarchy or majesty ; where the people have not only al the freedom , liberty and power , that in reason can be wished , but more than any of their neighbors enjoy , even than those , in the so much more cry'd up , but little understood commonwealth of holland , where they have liberty in name , but in reality are very slaves , and beasts of burden . now , whether the way of convening parliaments , might not be alter'd into the this following ( or , som other more equal than the present seems to be ) i leave to themselves to determin , viz. that every parish , freeholders and others , if they please , shoud meet and choose two honest knowing men , on whom their power of electing members shoud be devolved ; this don in every parish , the several two's to meet and choose two for the hundred ; that agreed , the respective two's of every hundred , at the time and place appointed to choose the members , out of such , as are resident in the country , both knights and burgesses : nor does it seem very reasonable , that the later shoud exceed the former , especially considering that many of the antient burrow's are decay'd , and yet the number rays'd by the additions of new ones , beyond what it was before : but by this manner of election that inconvenience , if any , will not be considerable . to every two members a sides-man to be chosen , who shoud duly attend , at the place of sessions ; and that he might be prepar'd in the absence of both , or either of the members , they shoud make him master of al that pass'd from time to time in the house . and that every person elected , might serve the public without privat consideration , the electors , or a iustice of peace in their presence , to administer an oath fram'd to this effect , that in al proceedings , they endeavor to inform themselves , fully of the state of the matter , and therein act according to conscience , without particular interest or desine ; that directly , or indirectly , on the account of their vote or serving , they shal not receive by themselves , or others , any reward , or gratuity whatsoever . on breach of this oath to be lyable to al the penalties of perjury . it is not to be doubted , but the honor of promoting their countries good ( that giving a sort of immortality which al men covet ) wil invite gentlemen enow sufficiently qualified , to undertake this work on these conditions , how hard soever they appear . 't is not reasonable , that parliament men shoud be maintained , or rewarded ( unless in praise and statues ) at the countries charge : to do it gratis is al the real good they do the commonwealth , in which as privat men , their interest , and consequently their gain is greater , than that , of the meaner sort . the elections to be by the ballotting box , to avoid heat , and secret grudges . nor woud it be useless to ad , that al things be carried , fairly and openly in the house ; that the debate of any thing proposed , be adjourned to the next days meeting ; for in the time of rest upon our bed , our nights sleep does change our knowledge , and qualify the effect or cause of passion , inconsideration : that every member by himself , or sides-man , be constantly present , under severe penalties to the public : that nothing be put to the vote , but in a ful house , not of forty ( who cannot be the major part of above four hundred , and therefore at first was sure a trick ) but of al the members ; nor then carried by majority , til the reasons of every single dissenter be examined , the dissenting person convinc'd , and in case of obstinacy after conviction ( of which in so wise an assembly , none can be suppos'd guilty ) expell'd the house ; the question not to be reassum'd , til after the election of a new member , unless his sides-man be of a contrary opinion in the debate . 't is possible the swaying argument , was at first , but one man 's , whose credit and authority might prevail upon the rest , without examining his reasons , which makes it prudent , to weigh the force of what is offered against it : by the contrary course , they may , by this they cannot suffer ; since reason or truth is always one and the same , and however disguis'd , by the sophistry of wit , it must at last overcom . thus by proving al things , and holding fast that which is best , they wil acquit themselves to the present and succeeding ages . such manner of proceeding woud silence al murmurings and clamors , that the parliament is divided into factions ; a court and a country party ; tho the interest of the one , be not directly opposit , to that of the other , yet the members , for ends of their own , honor or rewards , do make them so ; of this they are convinc'd , by seeing som turn cat in pan , appearing strongly , in one session , for that which in a former , they as vigorously oppos'd . and by observing others to compass elections by faction and interest , by purchase or covinous freeholds : that , contrary to several acts of parliament , members living in the south are chosen for the north ; and therefore are , to the injury of the people , as much strangers to the affairs of the places , for which they serve , as those two points , are distant from each other : that they pass laws , witness that against irish cattel , &c. not for the common good , but to shew their interest and power , to mischief a man they hate , or to revenge som receiv'd , or supposed injuries or affronts : that therefore , it is necessary to dissolve this , as not being a free parliament , and to cal a new one ; that to do so frequently , is most agreeable to reason , and to former statutes ; and to that end several causes are prepared to put a difference between the two houses , in point of iurisdiction , &c. but such as more seriously weigh things , may i hope be convinc'd , these are the groundless surmises of som , and false suggestions of others , discontented and il dispos'd persons , the old disturbers of our israel's peace , who delighting , to fish in troubled waters , endeavour once more , to put al into a flame of tyranny and confusion , to see what fish they may , by that treacherous light , bring to their own nets . that it is idle to imagin , the court , the best refiner of wit and languag , shoud not have as piercing a fore-sight , as the country ; that being allow'd , they must be sensible of the fatal consequence of a divided hous or kingdom ; their loss is at least as great as any others , their al is at stake : 't is therefore contrary to their interest , which never lies , consequently to their practice , to endeavor parties . 't is irrational , no less than scandalous , to conclud , because som mens sense , by second thoughts , and fuller consideration of things , is alter'd , that therefore they are brib'd ; as if personages , of so much honor , wisdom , and public spiritedness , coud be induc'd , by any sinister practices , or by-respects , to betray their country , and intail upon themselves , and their posterities , more lastingly , than they can their estates , great and inexpressible calamities . and can it be supposed , the ministers have so little understanding , as not to foresee , that the taking off violent members , any other way , than by conviction of their errors , were endlesly to encrease their numbers , and hydra-like , by cutting off one head , to give occasion , to the sprouting up of many . nor is it less absur'd , to beleive , the parliament , when they find the conveniences , the reason of statutes ceased , wil not repeal them : 't is no affront to their iudgments , nor to their-loyalties , so to alter with the times ; an obstinacy in the contrary resolution , woud indeed be a disparagement , to their understandings . that it is to be hop'd , the wisdom of the parliament is such , as not to quarrel for trifles , after the manner of women or children ; that they wil lay aside al partial regards , and without heats , or personal reflections , intend the great work , the common safety ; recollecting that they were the home - bred divisions , more than the conqueror's forces , that occasion'd harold's overthrow , and england's intire subjection to the french ; even those very men , who invited william , suffer'd in the ruin ; so just and natural it is , to love the treason , and hate the traytor . does not every man know , that the power of whol france is greater , than that of a part , that of normandy , could be ? that william can't be suppos'd , to have been more watchful , to seize the prey , than lewis is ? who perhaps has set those very men , at least their leaders on work , that openly pretend most , to oppose his desines ; while , in the mean time , by sowing underhand , discords and fears , among the people , they best promote his purposes . 't is no unheard-of practice , for politicians , as well as water-men , to look one way , and row another : but i hope , no cunning achithophel will be able to divert the parliament , from the great business of this conjuncture . when they have don that ; i wish they woud think it worth their labor , to look into the laws , and observe what of them , are fit to be repeal'd and what continued . the happiness of a state , consists in a regular form of goverment , by just and equal laws , few and plain , fitted to the most ordinary capacities : these qualifications , are as necessary to the well-being of the people , as that of promulgation was ever accounted to the essence of a law. but such is the fate of england , that the laws are almost numberless , which makes them unpossible to be remembred ; and what is worse , are so very intricat , that they may more reasonably be looked upon , as the devices of cunning men , to entrap the simple , than as the rule , by which al are to square their actions and their lives : and what is yet worse , they were never promulgated , tho provided for , by those statutes , that enact the reading of som of them in cathedrals at least once a year , and of others four times . is it fit or just , men shoud be punished by laws they neither know , nor can remember ? there is no one intire body of laws ; that of the statutes is so tedious ( and som yet remain in the parliament rolls not printed ) that it can hardly be read over in a months time ; tho an hundred times reading , wil not enable a man , to remember them , and yet he may suffer , for not observing what he has not , or if he had , coud not remember : but what is the greatest evil , if they coud remember , they coud not understand ; since the very iudges , who have not only been bred at the feet , but are themselves the gamaliels of the law , and much more , are wont to spend whol terms in the reconciling and expounding of particular statutes . and it often happens , that after these long advisements , they being divided , in their opinions , the parties concern'd , wearied in those toyles , endeavor after all their cost and labor , to quit their right , or impatiently expect the making of new , and more intelligible laws . these great disorders have bin occasion'd by several conspiring accidents , length and warping of time , crooked interests of some lawyers , and the continual wars , forreine or domestick , with which this country has bin harassed , i might say , since the invasion of the romans , &c. but to com nearer our own times , since the conquest , since the first making of these acts , england has not enjoyed , one half century , an intire peace : to which unhappiness , i know not whether , the vexation of the law , or bigottre of religion , have contributed most . i do not doubt but in other ages , they were as sensible of the evil , as we are in this , but the same accidents continuing , rendered it remediless . edward the confessor regulated the saxon laws , but his care prov'd of little advantage after the coming in of the conqueror ; who desining to set up a new form more agreeable to the customs of normandy , or his own will , made himself deaf to the peoples desires , of being govern'd by the rules of that holy prince , who was deservedly sainted , no less for his zeal , and love of iustice , in matters of law , than for his strictness of life , in those of religion . from the conquerors time downwards , there have bin attempts of this kind , almost in every kings reign ; but the wars , and divisions ( and consequently dissolutions ) that often happend between the kings & their parliaments , somtimes lords , somtimes commons , about the liberty of the subject , or , prerogative of the crown , ( not without good reason concluded to have bin set on foot by the crafty lawyers , by this time grown considerable ) prevented bringing to pass , the intended reformation of the law. i wil not insist upon al the kings reigns , where this was desin'd , nor go farther back than henry the eight's time , when ingenious sir thomas more , was by him set on work , to fram a model : but the succeeding accidents frustrated that attempt : the troubles and revolutions that continued , during the reigns of edward the sixth , queen mary and queen elizabeth , hindred this work , which at wise burleigh's advise was resolved on , by the later queen . the learned king iames , determined to finish it ; and the knowing sir francis bacon was pitched upon , to fram a schem of new laws , or model the old ; but the discontents about religion , with the greater artifice of the lawyers , then more numerous , diverted that glorious enterprize . some living were actors , others spectators , of the troubles that have since happen'd , which gave way not to a reformation , but confusion of the laws ; and yet the long - parliament ( or rather conventicle ) knowing their great , and good master purpos'd it , resolv'd upon a new method of laws . but the idol themselves , had set up , as a just reward of their treason , prevented this , by turning them out of doors , with their beloved magna charta , calling it in contempt magna f — . too many in other countries , no less than this , have wholly lost their freedom , by endeavoring to enlarge it , beyond law and reason ; as it has also somtimes befallen ambitious princes , who , striving to augment their power , and dominions , beyond the boundaries of iustice , have , instead of new acquists , forfeited their antient and lawful possessions . the gardiners ass in the apologue desining to mend himself by changing masters , found at a dear-bought experience , none so kind as the first ; the observation of the evil of those days has given us reason , to believe , that wisdom best , which is learnt at the cost of others , and to remember the wise mans advice , meddle not with those who are given to change . this i speak as to the fundamental of the government , which can never be alter'd by the wit of man , but for the worse : but the superstructures of hay and stubble are grown so cumbersom and rotten , that they are fit for nothing but the fire . though i am far from giving credit , to any prediction , or prophecy , but those of holy writ , yet i can't but remember you , of that old latin one , rex albus , &c. on which you know , our wishes taught us , to fix a pleasing interpretation . this hint wil bring to your mind , what perhaps has not been there almost these thirty years , that both for his innocence , and the accidental snow , that fel on his herse , the late king charles was that white king , who for some time , was to be the last in england : that afterwards his son , shoud from beyond the seas , return to the possession of his crown , and that in his dayes , religion and laws shoud be reform'd , and setl'd , upon the eternal foundations of truth and iustice. the fulfilling of this prophesie now , wil seem as miraculous an effect of providence , as that of our soverain's restauration , and wil as much eternize the wisdom of the parliament , as the other their loyalty . what remains of this undon , we might hope to see finisht , as old as we are , if they woud be pleas'd to espouse it heartily , and defend themselves against the noyse , wranglings , and opposition of the lawyers and clergy , who are no more to be consulted in this case , than merchants concerning exchange , &c. because , as the wise syracides observ'd , their interest woud byass them : there is ( saith he ) that counselleth for himself ; beware therefore of a counsellor ; and know before what need he hath , for he wil counsel for himself . there was law before lawyers ; there was a time when the common customs of the land were sufficient to secure meum and tuum ; what has made it since so difficult ? nothing but the comments of lawyers , confounding the text , and writhing the laws like a nose of wax , to what figure best serves their purpose . thus the great cook , bribed perhaps by interest , or ambition , pronounced that in the interpretation of laws , the iudges are to be believed before the parliament : but others , and with better reason , affirm , that 't is one of the great ends of the parliaments assembling , to determin such causes , as ordinary courts of iustice coud not decide . the laws of england , are divided into common and s●●ate law ; the common are antient customes , which by the unanimous and continued usage of this kingdom , have worn themselves into law ; statutes are the positive laws of the land , founded on particular accidents and conveniences not provided for by the common law ; civil and canon law , are of no force , but as they are incorporated , into the body of one or other of these laws , if either may be call'd a body which has neither head nor foot ; for they lye scatter'd in som few books , bracton , littleton , glanvil , fleta , cook , plouden , dier , crook , &c. their commentaries or reports ; or rather in the arbitrary opinion of the iudges , or som celebrated lawyers ; for nothing is in this trade certain or regular ; what one gives under his hand for law , another gives the direct contrary ; iudgments and decrees reverst , as if that coud be just one day , that is unjust another : and why in england must law and equity be two things ? since reason & conscience in all other parts of the world are one and the same ; and why cannot laws be so plainly worded , as that men of common sence , may without an interpreter , discover the meaning ? if they be not so order'd , speedy and exact justice wil at best be retarded . but you 'l tel me there woud be no need to complain , if men woud follow christ's advice , if any man wil sue thee at the law , and take away thy coat , let him have thy cloak also ; the reason was so plain , that it was needless to express it , viz. least the lawyer , shoud com between , and strip you naked , even of your shirt . this you see is prudence as wel as religion , as indeed al christs precepts are in the very affairs of this world. whatsoever was true of the iewish lawyers , the present practise of some of ours , renders them obnoxious , to the censures of the sober , & the curses of the passionate ; most men agreeing , that to go to law , is like a lottery , or playing at dice , where if the game be obstinatly pursu'd , the box-keeper is commonly the greatest winner . but since som men wil be fools or knaves , why shoud not the few honest be as much secured as possible ? when the parliament have setled the laws , i wish they woud think of som more fitting restraint of offences , than what the penal statutes direct almost for every crime , the loss of life . if we examin the severity of this practice , we shall find it contrary to the law of nature , the positive law of god , thou shalt not kil , and ineffective of the intent of laws , amendment . self preservation is the chief design of nature ; to better which , and not to destroy it , was the ground and end of goverment and laws ; which makes it contrary to reason , that any means shoud be made or declared such , which were destructive of the end , for which they were made . if then the loss of life , as it most certainly do's , puts an end , to al earthly happiness , 't is evident , that it never was , nor ever coud be , judg'd an instrument productive of that end ; perhaps it may be said , that this may be true , of every single man , as such ; and yet may be false , when consider'd , with respect to the whole , as a member of the society : i answer , it can't be true , in the later , if false in the former ; because we must believe , that at first , every man consider'd what was absolutely best for himself , without any respect to another , on whom , he cannot be suppos'd otherwise to look , then as he was , or might be subservient , to his own particular and immediate happiness . and since the whole is made up but of several individuals , it must be granted , that every of them had the same considerations : and since it was not in the power of any , to transfer that right to another , which nature had deny'd to himself , we may then safely conclude , it is against the law of nature i. e. against reason , to believe , that the power , of life or death ' by consent of al , without which there was no law , coud at first be vested in any supreme power ; and that the useing of it , does naturally put us into a state of war , the evil because directly destructive of happiness , design'd to be avoided . this is a truth imply'd in the law of england , not only by binding the criminals to restrain their warring , but also by the punishment inflicted on felo's de se , which supposes no man to have power over his own life , as certainly he must have had if he coud have given it to another . nor wil the difficulty be remov'd whether we derive goverment either of the other two ways , paternal right , or the immediat gift of god ; for parents had no such power by nature , in the state whereof we are al equal . we are little more oblig'd to them for our being , than to the influence of the sun , both as to us are involuntary causes ; that which binds children to an indispensable duty of gratitude , is the parents care in providing for their wel-being , when they are unable to shift for themselves , and their giving them virtuous education , ( that which is of al , the truest obligation , ) than which nothing is among us more neglected ; which has made som at the gallows , not without cause , take up the advice of iobs wife against god , first curse their parents , and then dye ; children may indeed be ungrateful , which is the worst , or the al of crimes , but parents cannot revenge this by death without being unjust ; because there ought to be a proportion between the crime , and the punishment , and a warrantable authority in him that inflicts it , which in this case are al wanting ; for ingratitude , theft , rapin , and what ever else is practis'd by the wicked , are in themselves repairable , and the sufferer may in an equal measure be compensated for his loss , for bona fortunae or the goods of fortune are exterior to us , and consequently accidental , and when we are despoil'd of them by any , we have ful satisfaction by a restitution in specie , or in value ; this cours is the measure and square of al civil contracts ; for if i detain wrongfuly the mony you lent me , i am compellable but to repay you . why then shoud it be capital , to take your horse without consent , when either restitution , or a punishment more commensurate to the offence may be had ? as for the authority of the punisher which must be warrantable , it is plain the father has no such over the children who in the state of nature are equal with him ; for since he gave not the being , he cannot legally take it away , and for the act destroy the agent ; punishment being design'd , not only for the terror of others , but for the amendment of the offender : to destroy then the last , that such as are guiltless may continue so , is to my apprehension , a piece of the highest injustice . besides , no prince claims a right over the subjects life , what ever he does to his crown , otherwise than by the positive laws of the land , which suppose the man himself to have given that power by his consent , which is already prov'd impossible ; therefore we may conclude , the inflicting of death is against the positive law of god , who has reserv'd this to himself , as a peculier prerogative , and altho he has allow'd the rulers of the earth to share in his titles , yet least they shoud intrench on his honor ( of which he is very jealous ) by exceeding the bounds of reason , he immediatly subjoyns , but ye shal dy like men , to put them in mind that they were to act as such . it cannot then be suppos'd , that human constitution can make that just which the almighty declares unlawful . he that does so , sets himself up above al that is called god , destroys moral good and evil , makes vertue and vice but only names , which if allow'd , we may bid farwel to the people and princes security ; for this , roots up the very foundations of peace on earth , as wel as joy in heaven . nor will it serve to say , this was practised in the iewish common-wealth ; that was god's own peculiar province ; and he that was sole author of life , might dispose on 't at his pleasure ; and tho every part of that oeconomy be not accountable , yet 't is not without good grounds suppos'd , because the iews happiness or misery seems to have consisted in the enjoyment or want of temporal blessings , that the taking away life here , was in lieu of that punishment , which sinners under the gospel , are to receive in another life : and unless human laws might as immediatly be call'd his , and that every magistrat were a moses , i coud not believe it lawful for them to follow that example ; especially considering , that they do not write after this copy , in the punishment of al crimes : i will not make comparison in many , yet i can't but take notice , that idolaters , and inciters to it , were there punisht with death , while among us atheism and irreligion do not only go free , but the professors of those admirable good qualities , pass for wits and virtuoso's : drunkenness , and gluttony , are esteem'd as marks of good breeding ; computing the abilities of our brains , by the number of bottles our stomacs can hold : this vice , among the iews , was accounted so ridiculously silly , that they coud not believe , it was possible for men grown to the ordinary years of understanding to be guilty of it ; and therfore we find no punishment allotted , but for children , viz. that if drunken or gluttonous children did not by the parent 's admonition and correction learn more wit , that then their parents were oblig'd to bring them forth , and testify their folly , and with the congregation stone them to death . but this abominable childish crime , the mother of al imaginable wickedness , has among us no punishment , or what is the same , if not worse , none inflicted . as to the third part of the assertion , viz. that the loss of life is ineffencive of the intent of the law , amendment ; this will appear tru , by observing , that men , whose loose education has made it their interest , to wish there were no other life , by often wishing , and never considering , come at last to be fools ; and with them , to say in their hearts , there is no god : we have no way to live , thanks to our good parents , or our country , but to rob , or steal ; as for the next life , if there be any such thing , let that look to it self ; let us provide for this ; a short one , and a merry ; who knows , but we may escape seven years ? and that 's the age of a man : if we are taken , and can't get a pardon , 't is but a few minutes pain , and there 's an end : thus these foolish wretches discourse themselves to the gallows ; on which , did you but know , the vast numbers hang'd , for som years last past , you woud quicly believe , that sort of punishment rather makes more , than frightens any , from being thieves , robbers , or other criminals . in the eastern monarchies , the greatest emperors , the turk himself tho always in war , fancy some kind of art or trade ; and by this do not only divert themselves , but by their examples more powerful than any precept , oblige the people to so necessary a practice . the ladies , even the greatest , of al other countries , have callings too , and spend not their whole dayes , in making and receiving visits , or in preparations for them , exquisit dressings . if by such a course , or any other , people were induc'd not to live in idleness , none woud be under a necessity of starving , or breaking the laws , as many now are . and if afterwards , any were stil found guilty , a punishment likely to prevent others , and do a farther good to the public , woud be to take away the names of al criminals , that they may be no more had in remembrance ; put them into a common livery , a fools-coat , red and yellow ; keep their heads continually shav'd , their fore-heads stigmatiz'd with marks distinguishing their crimes , and their estates forfeited to increase the princes revenu ; condemn them to public work - houses , mines , or galleys : the labor and toyl , the hard fare , and the disgrace , woud deter more than death ; and , as som believe , be more agreeable to the dictates of nature , to the law of god , and to the profit of the common-wealth . in cases of murther , the public loses too much by the slain ; it wil not fetch him back , to send another after him : why then , shoud they think themselves satisfy'd for one loss , to have it doubled upon them by another ? but supposing ( which i never can allow ) that reason requires life for life , can it think it equal , to set the life of a man but at a shilling ? is a horse , or a cow , a sheep or a deer , or a less thing , a cock or a hen , an equal price for a man's life ? and yet for perjury , he suffers but a pecuniary mulct , or loss of ears . why shoud not he that swears falsly at least have his tongue cut out ? in the iewish law , the perjurer was to suffer the same kind of evil , that he brought upon his neighbor ; and at this day among the persians and indians , a lyer is not only depriv'd of honor , but of al further speech : had it bin thus enacted among christians , the false tongue , and the lying lips , woud not have destroy'd so many mens lives and fortunes . but if we wil not , after the iewish , and roman manner , bring in reparation or the lex talionis , which with them was practis'd in other cases besides that of felony ; let us at least , make some further provision for the security of mans life , let it be put out of the power of one witness , observing that great law that said , at the mouth of two witnesses or three , shal he that is worthy of death , be put to death , but at the mouth of one witness , he shal not be put to death . what i seem to say paradoxically on this subject , i woud have you understand , as i intend it , of the first societies of mankind ; and you may likewise further observe , that tho custom and the positive laws have made punishment by death , the practise of al nations , yet with humble submission to my superiours , i perswade my self , it was introduc'd by absolute power among the heathens , and since continued among christians , because they did not fully consider , that a better way might be found for correcting and avoiding crimes . having now provided against death , upon the account of any crime , it may wel enuff consist with the kings mercy and goodness ( which invite him to be tender of the lives of his subjects ) to determin positively , never to grant a pardon or remittal of the punishment to any criminal , tho never so great a person . in edward the thirds time it was enacted that no pardon shoud be granted out of parliament ; i wish it might graciously please his majesty with his parliament , to enact further , that no pardon shoud at any time be granted ; then which i am sure nothing woud more contribute to the perfect observance of the laws . tho our laws cannot , yet an intire execution of them in their utmost severity , may be as unalterable , as those of the meads and persians ; which cours woud prevent the many il effects the hope of pardon does now daily occasion , tho there never were fewer granted , yet so long as there is any ground of hope , the debauchee is incouraged to go on in his folly , and none being particularly excluded , he reckons himself not incapable of that grace . but now admitting , that the laws were never so good , if they be not duly and equally administred by the several courts of iudicature , the evils do stil remain . to prevent which great inconvenience , such has been the happy contrivance of england's constitutions , that the same power that gives the law , cannot only pronounce it ( in spite of cok's assertion to the contray ) but has also determined , that it shoud be a part of its own power , to cal al inferior courts , and officers , iustices of the peace , and others , to a strict examination , how they have squared their actions and proceedings , to the rule they have given them ; from which , when they are found to deviat , it woud be for the advantage of al , that the parliament woud exert its antient power . in regulating the many abuses crept into inferior courts : into which if there was ever need of looking , there is now at this day , when the complaints are loud ; by which , tho perhaps mole-hills may be made mountains , yet al this smoak cannot be without som fire . this i have bin told for certain , that their iudgments are founded as much upon rules or interpretations of statutes of their own pleasure , introduc'd by the intrest of lawyers , and officers , as upon the strict letter of the lawes , in which your education , tho not your practice , and your long observation , has made it superfluous for me , to particularise the many irregularities in the administration of iustice , which woud fil a larg volum . but to begin with the courts , i think it were convenient that each of the four at westminster shoud be reduced to their antient practice , and not suffered to encroah upon one another , to the subjects great vexation , who often quits his cause rather than follow it thro al the mazes of the several courts , where at last after som years tossing by writs of error , &c. from post to pillar , if his mony does but hold out , to make the lawyers that sport , he may sit down by his loss , or have recours to the arbitriment of two honest neighbors , which at first had bin the speediest , and cheapest way of justice . in antient days , the kings bench intermedled only , with the pleas of the crown ; but now an ac etiam , ushered in by a feignd assertion of force and arms , and by supposing the defendant to be in custodia marescalli , or the plaintiffe privileg'd som other way in that court , robbs the common bench , whose jurisdiction even by magna charta is of al common pleas between party and party . the common bench , by practice of atturneys not to be behind hand , has likwise of late days introduced an ac etiam , and several debts or promises are suppos'd , with intent to bind the subject to special bail , wheras i am confident , it cannot either by common or statute law be evinced , that antiently special bail or a capias , before summons was in any action required ; and that therfore it is a meer invention to get mony , and to vex and impoverish the subject . the exchequer was only to hold plea , of such actions , where the plaintiff was really indebted to the king , ( and perhaps too , not able otherwise to pay it ) or where the parties were by their priviledg to plead or to be impleaded in that court. but now , by falsly suggesting , they are indebted to the king , and not able to pay him but out of the thing in demand , they are suffered to su in that court , alleadging a quo minus , &c. in their declaration : but before such irregularities were introduced , it was not so much law , as honesty , prudence , and skil in arithmetick , that were the necessary qualifications of the barons : in which court , a chancery was erected , to moderate the rigor of the fines and amerciaments estreated into that court , and to extend to the kings debtors , those favors which the barons coud not shew . the causes then remaining for the high court of chancery , were the penalties and forfeitures between man and man , which at common law were du , and al other causes , that for want of evidence were no where els tryable . but such have bin the mighty contrivance of the practisers in that court , that they have found out a way for the trial of al causes there , where notwithstanding a mans pretence in his bil , that he wants witnesses ( tho that be but a tric to intitle the court to the action ) after he has obliged the defendant to swear against himself , contrary to the common law , that of nature nemo tenetur prodere seipsum , which seems to be the possitive intent of magna charta , he takes out a commission to examin witnesses . in the civil law the complainant , if required , is obliged , as wel as the defendant , to swear the truth of the bill ; and sure , that is as fitting to be don , in the king 's great court of equity and conscience , as in the ordinary courts of iustice in other nations . nor woud it be amiss , that al witnesses shoud in that court , as wel as others , give their testimony , viva voce , and that there shoud be som unalterable rules both for the officers of the court , and the clients ; since conscience , and right reason , are alwayes the same and unalterable ; which woud prevent the reversing of decrees , ( a tacit confession they were unjust ) and other inconveniences , too many to be recounted ; only one is so notorious , i cannot pass it by , the assuming a power of impeaching iudgements at common-law , which the statute declares to be premunire . another practice as inconvenient as any , is , the iudges giving too great an authority to a former iudges report or opinion : it were to be wish'd , that in the rest of the courts , the present practice of the wise lord chancellor finch were observed ; who considering that a report is founded upon such reasons , as are not with the report convey'd to us , that only stating in brief the matter of fact ; and that the case is alterable by any one accident , rightly infers , that no report , but the reason of the present case squared to the rules of the law , ought to guide his iudgment . to this may be added , that in every court there shoud be a setled number of clerks , attorneys , & lawyers as wel as iudges : that these how just soever , shoud not continu above three years in any one court. whatever the sherifs power was formerly , sure i am , that exercised by the iudges exceeds what now they are possest of ; and yet the wisdom , of former ages , thought not fit , to intrust the former two years together . that they shoud be oblig'd to give an account in public of al their proceedings , at the expiration of the said time . that they be under a pecuniary mulct , besides an oath , to administer justice impartially , in imitation of god , who to mind them of their great duty , graces them with his own title , saying , ye are al. gods , and therfore must do as i do , ye shal not regard in judgment the power of the mighty , nor the distress of the poor . that the iudges , lawyers , atturneys and clarks , shoud have out of the public revenu , sufficient establisht salaries ; to take no fees , or gratuity whatsoever directly or indirectly ; it not seeming reasonable that the people shoud pay any thing for iustice , but as that charge may be included in the public taxes ; that no offices whatsoever be sold , and nothing but merit to intitle any man ; for if offices be purchased by the interest of friends , or mony , it is unreasonable , to expect , that iustice too , may not be bought and sold ; and for this reason , it is as fit to make laws , against this practice in others , as against simony in the clergy . no man to have two offices , or to act by deputy , but on extraordinary occasions . that al causes be determin'd , at farthest in six months ; and that such , as thro difficulty , or other accidents , can't be determin'd within that time , the parliament at next sessions shoud decide them . to oblige the iudges to proceed exactly according to the strict rules of the law made by parliaments : for notwithstanding what the lord coke says , 't is their duty , only legem dicere , not legem dare ; and therfore , where ever any thing comes to be disputed , of the meaning of the statutes , or that any cause happens , for which there is not exact and sufficient provision made , they are to have recourse to the parliament , whose power is not only legem dare , but dicere : for it appears , that in antient times , when iustice was more speedy , and statutes fewer , or rather none at al , the great business of the parliament , was to give sentence in al difficult causes , and to correct the miscarriages , or sinister practise of al inferior courts and officers , and therfore was commonly known by the name of curia magna . before the conquerors time , there was no such thing , as courts at westminster-hal ; the manner then , of distributing iustice , was both speedy and cheap : the county being divided into several portions , there was in every manner a court , where al the causes , arriving within that precinct , were determined by the thane and his assistants ; but if too hard , they were removed by appeal to the higher court of the hundred , where al the chief and wise men within that territory with the hundreder or aldermannus gave iudgment ; and if any cause proved too difficult for this court , then they appeal'd to the county court , where al the several thanes and hundreders with the chief of the county call'd comes , and somtimes vicecomes , judged it : but such causes as were too intricat for them , were remov'd to the great court or parliament , then known by several other names : which jurisdiction was exercized , some ages after the conquest ; whence sir edward coke may be wel suspected a greater lawyer than an antiquary ; or els the liberty they took , was the occasion of his exalting the iudges power , in expounding statutes , above that of the parliament . having now made it plain that the parliament has this power , and always had , it were to be wished , they woud make use of it , in strictly regulating the disorders of al inferior courts , as wel ecclesiastical as civil : which perhaps can never be better don , than after the manner of the famous venetian commonwealth , by erecting a new magistracy , or court of inspection , public censors , men of great candor and integrity , whose power shoud extend , to the cognizance of al manner of actions in courts great and smal ; of the demeanor of al officers of the state of what degree or quality soever , who taking care thus of the execution of the laws , shoud be oblig'd from time to time , to give a ful and impartial information to the parliament , in whose power alone it shoud be , upon conviction of the criminal , to suspend , degrade , or otherwise punish , according to the provisions they themselves make in such cases . that it may be lawful for all persons to address themselves immediately to these censors , whose information shall by them be fully examined , and neither their informers , nor themselves , lyable to any actions or sutes , upon account of their proceedings ; to be accountable , to the grand and supreme court of iudicature : that their number be such , as may serve to go circuits round the kingdom . these , as the other iudges to be altered , every years . and because nothing does more conduce , to the good of man-kind , next to wholsom laws , and the practice of piety , than the knowledge of things past : not any thing being truer , then that what is , has bin , and there 's nothing new under the sun ; a perfect relation of which begets a great understanding and deep iudgment ; the sence whereof made a wise king say , none were so faithful counsellors , as the dead : that therefore the parliament woud appoint two of the most learned of those censors ( acquainted with al the most secret affairs of state ; which if not as counsellors , yet as hearers , under the same obligation of secrecy , as secretaries or clarks of the counsel , they may understand ) to write especially the matters of fact of al affairs and occurrences . the annals not to be made public , til the writers , and al concern'd , were gon off the stage . the fear of offending , and the advantage of flattery , being remov'd , future ages woud in the truth of history find that great rule of iudgment and prudence , the world has hitherto been deprived of : there being ( a man may safely say ) no tru profane history in the world , save that of the wise chineses , who have observ'd this practice , for several thousands of years ; keeping the records , as an arcanum for their princes , who by these means , have gain'd a steddy judgment , in their own state-affairs ; which is the reason given , for the long and prosperous continuance of that great monarchy . when the laws , and execution of them , are thus established , every man will be sufficiently secur'd in the enjoyment of his liberty and property ; which , tho commonly taken for two , are in reality one and the same thing . i understand by the first , that power , man has reserv'd to himself when he enter'd into society ; that is , a liberty of doing any thing , except what the law forbids ; or of living conformably to the laws ; not of speaking contemptuously , of the rulers of the people , nor of doing what he please , tho the law restrain it . by property , i conceive meant , the right of enjoying peaceably privat possessions as bounded by law : liberty then respects the person , and property the estate . these two , i perceive , you have joyn'd with religion , as the three great abstracts of human concerns ; for , i presume , you consider religion as it is part of that policy , by which the state is govern'd , and as such i shal chiefly take notice of it ; leaving it , as it refers to the soul , and a future life , to divines , whose proper office it is . taking it then for granted , that every wise man will study that which neerest concerns him ; and , that the interest of the soul , and eternal life , do's far exceed the valu of this our transitory being ; that all human laws , are therefore binding , because agreeable to nature or reason , that is , to the signatures of the divine will : that true religion was the law of god , and its end , the happiness of man in this life , as well as in that which is to come : that it was divided into two parts , duty to god , and to one another ; which later to the thinking man resolves into love of himself , who must find , that his happiness consisting in the enjoyment of himself , cannot be without the mutual offices and endearments of love ; which obliges him , in spite of all his passions , when he fully considers things , to do to all men , as he would be don unto : this then being human happiness , and the end and foundation of the laws of god and man , it was wisdom to annex this great motive of obedience , religion , or the consideration of future rewards and punishments , to invite us the more powerfully , to the obedience of laws ; without which , even in this life , we coud not be happy , they being subbordinat to one another ; that as our duty in one , makes us happy here , so that of the other superadds a farther blessing , and makes us happy hereafter ; which later in the connexion of things , thus ordered by providence , was not attainable without the other : and which indeed do's declare religion not to be a part of policy , but tru policy to be a part of it ; or , in plainer words , that human laws are so much better , that is , so much more binding , as they com nearer to the laws of religion ; contrary to which nothing in any human institution , can be obligatory ; that is , no society of men can make that just , which the law of religion , or reason , has made unjust : if then the interest of state , and religion , be so intermixt , it is no wonder , that men shoud be very sollicitous not to be mistaken , in that which comprehends both , the human , and the divine , or among us , the christian law : and because it is as natural for men , to have different understandings , consequently different opinions ( which are the necessary effects of the former , or of education , and both equally out of our power ) as 't is to have different complexions : it is impossible , that all men should exactly agree , in the meaning of any difficult matter . if then the meaning of the law be not to be had , 't is not our fault if we do not obey it , which we must do , or be miserable . now , because many evil consequences , if not prevented , woud issu from hence , we must consider farther , that al wise law - givers impose nothing beyond the power of the person under the law ; for , law being the rule of actions , if i do not or cannot know it , 't is no rule to me . therefore , to understand this great affair aright , let us examin , whether these following positions , and their consequences , be not natural truths . that god did really purpose the happiness of al mankind : that therefore , the way , or means , by which that was to be attained , was to be plain and easy , no matter of doubt or dispute : that this way , is no where delivered unerringly , but in the scriptures , which al christians allow , to be the word of god : that al the disputes , are pretended to be proved by scripture , that is , by consequences from thence : and since al the parts of that holy writing must agree with one another , 't is plain , that the consequences are not natural , because contradictory , of which , both parts can't be tru ; and therefore , the matter in dispute concerns us not : that , since al our duty is compriz'd in scripture , the rule for the ignorant , as wel as the learned , comments do amuse , and confound , rather than expound the text : that disputes , begetting heat and passion , are not only impertinent to our duty , but uncharitable and destructive of christianity : that only the fundamentals can be tru , or necessary , because in them alone al agree . that christ has told us , the sum of al is , to love one another , a pleasing and a natural command : that he is the way , the truth , and the life : that whosoever believeth in him , shall never perish : that happiness is not attainable here , nor hereafter , but by following his example , and believing his doctrine , viz. what is positively affirm'd in scripture , without examining , how or why ; if those had bin necessary , he woud not have left them to the uncertain disputes of after ages . that al ceremonies are in themselves indifferent , but when commanded , are necessary in their use and practice ; but alterable , at the pleasure of the imposers : that no man can be a christian , that hates his brother , i. e. he obeys not christ's command , gives not up himself to the new commandment , that of loving one another : that no man can avoid differences in opinion ; and since they are not the effects of our choyce , they are not sinful ; therefore , he that condems another , for not being of his opinion , after he has endeavour'd , without prejudice or interest , to examin and hold fast that which is best , considers not what he says , or if he do , he is proud and foolish , because he says , by an implicit consequence , none is wise but himself : that faith is the gift of god , but considered in man , 't is a necessary act ; for when a man is convinc'd , that is , has no doubts of the credibility of the proposition , its conformity to reason , nor of the person that he can neither deceive , as having no interest , nor be deceiv'd , as wanting no knowledg , 't is impossible for him , not to give up his assent , whether morality or christianity be ( which is much doubted ) really different , they can never be asunder ; for the man that is not honest , is not , nor cannot be if he continues so , a christian ; that what is tru in philosophy , can't be false in divinity ; and both affirm , he that does al he can do , is not to be blam'd , he has don his duty . that different opinions not being avoidable , are in themselves , as harmless and tolerable in a society , as men can be ; because , til the man be convinced , his sense of things can't possibly be alter'd , after conviction , he that continues in an error , i. e. that perseveres , in spreading such opinions , as are destructive of good life , and of public peace , is a lyer or a mad man ; the first , if he do not repent , ought to be expell'd the commonwealth ; the other , if he will not grow sober , must be sent to bedlam . from al which , it plainly follows , that our opinions are not free , that no man has liberty of opinion , and that he who desires liberty of speaking what he pleases , is unreasonable , if he intends to say any thing , that shal disturb the peace , and quiet of his country ; if he may be restrain'd from that , his errors can mischief no other than himself : if the case then be thus , how comes it to pass , that men fal out , and wrangle about nothing ? seek knots in bulrushes , make difficulties where god and nature never made any , puzzle themselves and others ? let them fool on that have nothing else to do , and follow the heathens advice , 't is better to do nothing than be idle . this i confess woud not be very tragical , if they woud be content to be idle themselves , and not make work , and sad work too , for others : but , alas , they rob their master of his power ; and dogmatically pronounce , we must believe more than christ tels us is required , or else we cannot be sav'd in the next life , nor happy in this ; and many of us are such silly fools , that we believe them ; and acting accordingly , too great a number , i fear , make their assertions good , as those ignorant people do , who giving credit to astrologers , by squaring their actings to the predictions , and therefore somtimes finding these things com to pass , are not only deluded themselves , but incourage others to be so by such nonsensical impostors . but since al men have not understanding , you 'l ask , how the evil shal be cur'd ? the remedies are only two : first , a right education ; and next , a removal of al interest : for , since the foundations of religion are eternal truths , were men rightly instructed , of which al are capable , because al desin'd for happiness , and men got nothing by lying ; we shoud have as much truth , and as little disputing in matters of christianity , as in the mathematical sciences : or , at least , if men defin'd nothing really but the tru ends of it , eternal happiness , it might be lawful for every man , even in the way which another cals heresie , to worship the god of his fathers ; for , tho one thinks his a clearer or a shorter way , than that of another , so long as he stil goes on ; that is , treads in the paths of a sober and virtuous life ; tho he may be more dabbl'd , or longer on the road , what 's that to him ? he that finds fault , may miss his own way , by looking towards his brother ; his particular duty requires al his care : besides , every man stands or fals to his own master . but you wil say , 't is charity to teach my brother , and not to suffer sin upon him : 't is very tru ; but first , 't is not prov'd , that difference in opinion is a sin , but the contrary ; next , charity is not express'd in thunder and lightning , sending him head-long to the devil , because he wil not be presently , whether he can or no , of your opinion ; which , perhaps , is not truer than his own , tho your greater confidence assert it : but charity is express'd by meekness , gentleness , and love ; by instruction and pity , not by hatred and revilings ; nay , not by death , the too often consequence of differences in opinions : from which considerations , 't is plain , that 't is not reason nor charity , that divides us ; but interest and policy . how far it wil consist with the safety of the public , to suffer such dangerous causes of fatal effects , as are brought in by these clashes of religionists , not religion , i leave to the wisdom of the parliament : only , to satisfy that part of your question , i wil give you som short account , how these tares have so sprung up , as to choak almost wholly , al the good seed sown ; afterwards , you may judg if they may not now the harvest is com , be cut down gather'd a-part , and thrown into the fire . and surely if these quarrels were only design'd for the good of the soul , ( which yet if they were the promoters , must be men of wrong understanding or notions , forgetting that faith is the gift of god ) they would not hate and dam one another for different , tho false opinions : nothing can have that effect , but the committal of sins ; of which holy scripture pronounces death , the wages , or necessary consequence : but these we see past over silently , few excommunicated for whoredom , adulteries , atheism , and profaness ; many other crimes are openly committed without punishment , which ( perhaps ) was the end of instituting ecclesiastical courts . the great desine of christianity , was in a higher and more refin'd way the same with that which hierocles tels us of philosophy , the perfection of human life : therfore , the primitive christians knowing the end of their doctrin was to make men good , to fil their hearts with purity of intention productive of good works , not to make them wife ( if stuffing their heads with empty and idle notions may be call'd so ) avoided al such with great care , pressing only upon men the reformation of their lives , by the plainess of their practise and their agreeableness to reason ; being wel assur'd , the contrary precepts coud bring forth nothing , but endless ianglings , and frivolous disputes , which woud ( at last ) not only loosen , but destroy religion , by taking away charity , the bond and cement of that and al perfections . but when the piety of succeeding ages had endowed the church with temporalities , and with rich possessions , the church-men altered their doctrin , with their way of living ; for now , ( kicking like the calfs of iesseron grown fat ) the former practised severity was turn'd into wantonness ; the plainess of the precepts , into intricat niceties ; this , they judged necessary ; for , if according to the promise , the gospel was to be so plain , i. e. so agreeable to nature , and reason , that a man might running see to read , i. e. a man that made never so little use of his reason , that did but keep his eyes open against the false alurements of sense , coud not but perceive the lines of his duty written in very larg and plain characters : perceiving every man thus enabled to teach his brother , and that miracles were ceas'd , they found themselves under a necessity to make godliness a mystery , that it might becom gain to 'um in an il sense , and that they might secure to themselves that veneration and respect , which otherwise were now like to fail . religion , by this means degenerating from its innocence and simplicity , into a trade of policy and subtilty , an art to live by , tent-makers and fisher-men became too dul and ignorant ; the preaching of christ crucified was fit only for the witty , and the learned : no wonder then , that being now so much taken up in refining the cobweb inventions of their heads , they wanted leisure to look to their feet , to order their steps aright , and therfore went astray , not only from the precepts of the gospel , but the imitation of the life of the holy iesus , which was the greater duty of the two ; as the end , for which his doctrin , the means was given . and to make themselves the more admired , they mix'd that with the vain philosophy of the greeks , especially platonism , with an addition of many absur'd heathenish , and obsolete iewish rites and ceremonies . when the bishops became princes , the number of candidats increascing faster than preferments coud fal , the ambitious were induc'd to court them by indirect ways , the pretence of an extraordinary knowledg or piety , to gain the interest , and the favor of great men , and by those steps to mount the spiritual throne of carnal pride . thus when arius faild of a bishopric , enraged that a less learned man shoud deprive him of the miter , he resolv'd upon a malicious revenge ; and to make himself more famous , then the crosier coud , under pretence of discovering the falsities crept into religion , he alleagd one of the great mysteries to have more of platoes fancy , than of christs truth in it ; this mother-heresie by him introduc'd brought forth many others , and ( which was the greater evil ) has been the parent of uncharitable disputes , the certain occasions of much confusion in life and doctrin , of assassinations and massacres , of wars and desolations . the christians now , contrary to christs positive command , cal no man on earth master , i. e. if an angel from heaven , ( much less , a man ) shoud preach any other doctrin to you , than what i ( your only lord and master ) who am now ascending thither injoyn you to obey , viz. to love one another , hearken not to him , for , he is a murderer and a lyar , a cheat and an impostor . neglecting this , and having the persons of men in honor , they readily imbraced their opinions ; and changing the name of christians , took up that of the fathers of their sects , as of arians , &c. these divisions and factions , and the consequent bloody wars woud perswade us , that christ came not indeed , to send peace on earth , but a sword ; for , these ring-leaders imposed upon the credulous multitude , that al those superinduced new fangles , diabolical inventions , unreasonable whimsies , and childish fopperies were the great pillars and truths of religion ; and therefore , to be contended for unto death ; while in the mean time , they themselves were conscious , that they disputed not for truth , but victory , for the sensual gratifications of ambition and vain glory , of pride and interest : and , if you wil but give your self leisure to look into the controversies of former heretics , or into those of later date , between the reformed , and the church of rome , &c. you wil find them al on one and the same bottom . the church of rome has good reason , as to this world , not to yield to any truth in the point of transsubstantiation ; of which , certainly , 't is enuff to believe simply christ's own words , this is my body , because no more is warranted , and therefore not necessary , and that indeed none of the expositions are free from unanswerable objections , tho none appear so opposit to sense , and absur'd , as that of the romanists and lutherans : for if this power , of working miracles be taken from the priest , it may be thought he has nothing left to make him iure divino ; which if allowed , he is quick enuff to foresee that other princes may follow the example of henry the eight . those mistaken , on wilful apprehensions have involved the several kingdoms of europe , in blood and confusion , intestine commotions , and wars ; and wil imbroil them yet further , if the causes be not remov'd : this has long been the wishes of some , and the endeavors of others ; but by the success seeing the disease is not cur'd , but that its venom does daily spred more and more , we may safely conclude , tha● disputing is as incompetent a way to resettle the truth of religion , as the sword is to propagate it . every man naturally hates to be accounted a fool , or a lyar ; and therefore , when worsted by the force of arguments , ( which may be to him unanswerable , tho not convincing ) , he fals into heat and passion , which the other returning with equal warmth , at length both lose the question , and fal from words to blows , from disputing to fighting ; and not satisfy'd pedanticly ( for most commonly the contention is only about words ) to lash one another , they further make parties and factions . these hurried on with the fury of a perverse zeal , the effect of ignorance , espouse the quarrel , and pursu the folly , and the malice to the fatal destruction of thousands , of millions ; as if there was no getting to the heavenly - canaan , the new - ierusalem , but by wading , or rather by swimming thro the red-sea of christian blood ; while , in the meantime , the first disputants stand looking on , or like sneaking cowards steal away from the rencounter as soon as they have ingag'd others more genrous , but withal more foolish than themselves . this england has to its cost experimented , and , 't is to be fear'd , if not timely prevented , wil agen . others , finding the way of dispute insufficient , believed that the allowance of a toleration to the several contending sects woud do the work ; and that in truth , the denyal of it so far as it might consist with the peace of the common-wealth , seem'd to be a kind of persecution not unequal to that of the heathen emperors in the beginning of christianity : this opinion being by the ring - leaders infused into the peoples minds , who being apt to pitty al in distress , from pitty are induced to liking , and from liking to love , they at length espouse the party , and with so much the more violence , by how much the more it is oppos'd ; nothing being more natural , than to resist force , and covet earnestly those things we are forbid . the consideration of this , and his own observation , that the more the christians were put to death , the more they increased , made the wise pliny write to the emperor trajan to forbear persecution ; telling him , that sheading christians blood , was sowing the seed of the church ; every man's death giving to the multitude a sufficient proof of the truth of his profession , and gaining more proselites than preaching coud . by the emperor's following this good advice the christians gain'd their liberty , and he an accession to his army ; and the great increase of converts was thereby much restrained . the sense of this great prudence joyn'd with his majesties great natural clemency , has with good reason prevail'd upon his ministers rarely to execute the severity of the sanguinary and penal laws upon dissenters ; and i am wel assur'd , that did they not believe by those statutes remaining stil in force , that they are under persecution or the dread of it ; instead of increasing much within these few years , they woud certainly have decreased : i am therefore perswaded , that toleration with convenient restrictions woud lessen the evil , and remove most of its inconveniencies ; tho al can never be taken away without another sort of education . and if the parliament that give it , find it hereafter inconvenient , they may alter or annul it , how they please . in this toleration al opinions are to be provided against that are destructive of good life , together with the consequences rather than occasions , atheism and irreligion . as the venetians once excluded , so must we for ever prohibit the iesuits and other regulars : the number of secular priests , and non-conforming ministers or teachers are to be limited ; they with their flocks registred , and to be incapable of any office in the commonwealth , and the teacher to be maintain'd by themselves ; the richest of the congregations to be security for their preachers , that they shal preach no sedition , nor have privat conventicles . that , besides the state may send two to hear al taught ; that the use of al controversial catechismes , and polemical discourses as wel out as in the pulpit under strict penalties be forbid : such things , no less in their natures , than their names signifying and begetting distractions , rebellions , and wars . tho it be as impossible by laws or penalties to alter mens opinions , from what either their temper , or their education has occasion'd , as it is to change their complections ; yet if men pursu'd nothing but godliness and honesty , they woud find their differences in opinion , are no more hurtful than restrainable : and to make them less so , all names of hatred and division are to be taken away , and the parable of christs seamless coat to be really fulfil'd again . that al , whatever their single opinions be , be call'd by no other name than that of christians , for indeed as such they al agree , that is , in the fundamentals of religion ; ( as for the disputed things they are already shewn not certain , therfore not necessary , consequently ( to us ) impertinent which of the assertions be true , ) and only differ by the considerations of pride , or interest , as they are trinitarians or antitrinitarians , arians , socinians , papists or protestants , remonstrants or antiremonstrants , iansenists or molinists , franciscans or dominicans , lutherans or calvinists , presbyterians or independants , &c. but for my own part i am of opinion , that we shal never arrive at the tru state of christianity either by disputing without toleration , or by toleration with disputing i. e. we shal not come to live righteously , soberly , and godly in this present world : for , disputing destroys al , and toleration alone wil not take away those wrong notions , with which the present age is prepossess'd ; tho some of the prejudices may be lessen'd by softness and gentleness , by love and perswasions ; this iconfess wil not do in al , because al have not understanding , and such as want it must inevitably run into error ; for , whatever the philsophers dispute whether the wil and the understanding be distinct faculties , or distinct operations of the same soul , it plainly appears in al our actions , that we wil or nil things according to our understandings , which as wel or il inform'd make us do things good or evil ; so that , til our notions are rectifi'd , we are to be pityed and instructed , not hated or condemned . when by an excellent education and a good example we are taught not only to know , but to practise our duty , it wil then be almost morally impossible for us to offend ; wheras , on the contrary while both are now neglected , 't is a wonder we are not worse : pursuant to this , salomon gives a wise direction , train up a child in the way thou woud'st have him to go , and when he is old , he wil not depart from it . the great business , then , not only to asswage the pain , ( which in the present circumstances cannot be don without toleration ) but wholly to remove the distemper , is to introduce such a fixt method of education , as may imprint on our minds , tru and early notions of virtu and religion . the parliament have lately begun to look into the practice of piety , and to prevent or lessen prophanation and debaucheries have enacted , that hackney-coaches ( it had bin more equal if al had bin under the penalty , ) shal after the iewish manner of sabbath , rest from labor : i wish , they woud now be pleased , to take care the people keep the christian-sabbath as they ought ; not so much in a rest from bodily labor , as from sin , the greater toyl of the soul ; to which , they are oblig'd by every days duty ; the use of the seventh , above the rest , seeming to be set apart for returning thanks for blessings , and for exhortations effective of holiness and a good life : the duty of that day is not fulfil●d , by hearing a quaint-man preach himself , not christ ; policy , not morality ; confute the pope , the calvinist , or the arminian , the presbyterian or the episcopal — such discourses engender nothing but strife , and tend not to edification ; they are the vain traditions of men , in which we shoud quicly find , did we but seriously consider , that there was nothing of that faith , without which we cannot please , nor of that holyness , without which no man shal see god : and , since the parliament by that last mention'd act , have begun to tythe mint and commin ; t is to be hoped , they wil go on , and not leave the weightier things of the law undon ; that their wisdoms and their zeal wil be more imploy'd about the power , than the form of godliness , which may for ever be establisht by the following method , or such other as they shal think more agreeable , viz. to make new divisions of parishes , which may with more convenience to the people be don , than as at present they stand , by limiting every parish to the compass of about three miles square , and building a church in the central - place , to hold about a thousand ; and to apportion the parishes in cities at least to the like number of people : this wil reduce the parishes from about ten to a little more than four thousand . to erect schools in every parish , where al the children shal be instructed , in reading , writing , and the first elements of arithmetic and geometry without charge to the parents : whence to the greater schools , to be erected in the dioceses , counties , or hundreds , after the manner of westminster , eaton , or winchester , so many of the ripest and best capacitated as shal suffice for the supply of al callings that make learning a trade ( as divinity , physic , and law ) may be yearly elected , to be train'd up in the further necessary parts of learning , and from thence yearly sent to the universities ; from the universities upon al vacancies , schoolmasters and ministers to be chosen ; the first , not under five and twenty years ; the later , not under thirty ( the age allow'd among the iews for doctors or teachers , and at which our savior began to preach ) ; and both , to be masters of art , before the one be licensed , or the other ordain'd by the bishop ; and none to be ordain'd , before they are secur'd of being noble mens chaplains , or elected to parishes . that the bishoprics be also divided according to convenience and the number of parishes ; that the ministers and school-masters be celibats , not under a vow ( as in the church of rome ) but on condition of quitting their benefices upon marriage , and returning to a lay-life ; for , that of the priests being jure divino being disputed , is therefore ( to say no more ) to our salvation not necessary to be believed ; for , unless they demonstrat the contrary by scripture , the sufficient rule of faith , or by miracles , men wil be apt to believe the story of an indelible character , to be a relic of popery , invented to aggrandize the honor and power of the church , turn'd into a court of rome ; but be it what it wil , 't is plain they can't be greater than st paul , who did not only for convenience of the church , avoid leading about a wife , or a sister , but wrought at his trade after he had received the holy-ghost ; of which it were to be wisht al divines shew'd themselves possest , by a life conformable to that of the holy iesus . but without doubt there wil be enuff found to undertake this calling , on these terms , tho seemingly difficult . by this course , there is a provision made for the incontinency of such of the priests as find themselves flesh and blood ; which if don in the church of rome , woud free it from great scandal . that a book of homilies be compil'd ; for varietie four for every sunday , and two for each festival or holy day . that nothing be inserted , but dehortations from vice and exhortations to virtu , neither controversies nor state affairs so much as oblicly glanc'd upon . that a catechism adapted to the meanest capacity be composed , shewing the duty of christians according to the express words of the text of scripture , without straining or misapplying any one , ( as is don in two many of those now extant ) , and without touching upon any one disputed point . that , al the books of controversial divinity , as wel those in privat hands , as in booksellers , be bought up by the state , and plac'd in the kings-library , or burnt . that , al the commentaries on the bible be reviewed by sober , moderate and learned men ; and as many of them as contain more than what directly tends to the illustration of the text , by recounting the language , customs and ceremonies of the times and places it was writ in , follow the fate of the others . and because it is reasonable to believe , there is no such intire work extant , in imitation of the septuagint translation , there may be seventy appointed for this to be in latin , and for the homilies and catechism in english : which being don , let al the present expositions be sent to the library , or the fire . that the same persons or others be ordered to pick out of the scripture al such passages as tend to the encouragement of a holy life , and to put them into one piece in english for common use . i have heard som sober men wish , that english bibles were not so common , that the ignorant and unwary might not wrest the hard texts to their own destruction , nor to that of the public peace : but you know , i have often told you , i look'd upon the variety of translations out of the original into the vulgar languages , as the best comment . these things being don , to take the printing of books into the state ; it is as necessary as the mint ; false coynage of books has don england more mischief , than ever that of mony did , or wil do ; the licensing of printing , or importing from beyond-sea , wil not otherwise prevent great evil to church and state. that there be but a convenient number of book - sellers permitted ; those to be under obligation , to vend no other books , then such as are printed in this allow'd printing-house , where forrein books with advantage to the public may be reprinted . the hindering forrein coyn from being current , is not so useful and advantageous , as the care in this wil prove , to the kingdom . when things are thus far settled , the bishops ( who are not to be chosen under forty ) are to see , that al ministers , school-masters and church-wardens , do their respective duties ; going about , and visiting parish by parish , as was the antient practice , confirming , after examination , and exhorting al to continu obedient to the laws of god and man ; reprehending and suspending such as they find faulty without favor or affection , the ministers and school-masters , from office and benifice ; the people from the sacraments ( which is every where monthly at least to be administred ) til after repentance express'd in the reformation of their lives . as for the iurisdiction of ecclesiastical courts , because it is a kind of imperium in imperio , and that thro the greatness of the bishops other charge , they cannot officiat in this , to take away and prevent abuses it is to be laid aside ; and other , or the same punishments for the crimes there usually tryable , inflicted in the ordinary courts , upon the bishops , or the minister and church-wardens certificate of the matter of fact ; in whom alone the power of examination shoud reside : and , because the office of bishops , ministers , and school-masters wil be of great labor , none shoud continu in them beyond sixty , nor so long unless they are found fitting : after that age , al of 'um to have a handsom decent retreat in colleges purposely built ; where the superannuated of each province , the emeriti in the christian warfare , may spend the remnant of their days without care , in quiet and devotion . to assist and ease the bishop , there shou'd be , as formerly , rural deans over every ten or twenty parishes . part of the ministers business shou'd be to instruct the boys every saturday in the schools , in al the duties of religion ; to catechize and read the prayers and homilies on sundays in public ; the rest of the week , between the times of prayer to be celebrated twice a-day , to go from house to house , exhorting and dehorting , as occasion requires , visiting the sick , and examining the needs of the poor , reconciling differences between the neighbors , and taking care , that in every family the children , such as are found fit , by the electors appointed , not by the parents blind fondness , be constantly sent to school . after the continued practice of this course , christianity wil again flourish ; the years of the minister wil make him sober and grave , fit to give counsel , which from young men is now despis'd . there wil then be no need of spending time in writing controversies , or studying sermons , which as now preach'd are rarely understandable or useful to the people ; of whom it may be said , the one is always teaching to no purpose , and the other ever learning , and never coming to the knowledg of the truth . the school-masters are not only to be learned , but sober and discreet men ; to be oblig'd never to whip , or beat the boys ; whose faults are to be punished by exercises , by standing mute or kneeling for certain spaces , or by fasting from their victuals , &c. those that are good , to be incouraged by priority of places , by commendatory verses made by the higher forms , &c. the boyes that need beating , are as unfit to be taught , as the man is to teach who uses that tyrannical way , which too much debases the meek-spirited , and makes the sullen more stubborn and il-natur'd . that whatever any persons bestow on the masters be converted to publick charitable uses . the method of teaching to be drawn up by som of the members , ( who , 't is presum'd , wil mix things with words ) and approv'd by the whole royal society ; that confirm'd and al others prohibited by law. that in the universities , none be suffer'd to continu beyond the age of forty-five , nor above two in any one house or colledg after thirty-five . that a new method be likewise fram'd by the same persons for al the liberal arts and sciences ; and that new academies be built for training up young noblemen and gentlemen in those exercises , which to the shame and loss of england are now learnt in france . that handsom and sufficient salaries be fixt , and paid out of the public revenu , according to every mans quality : bishops equal to one another , deans to deans , ministers and school-masters to each other : and these to be chosen gradually , as the pure consideration of merit shall invite the electors . and to inable the public as wel in paying these salaries , as in building of schools , churches , colledges and hospitals , the whole revenues of the church , free-schools , universities , and hospitals shoud at the highest valu be annex'd to the crown , or sould to others that wil give more ; the overplus sav'd by this new model , and the mony they woud yield beyond any other land of england , in regard the annual rent is not a fourth of the real valu , and yet may be ordered equally advantageous to the tenants , as the fines now make them , woud complete this work. thus converting the patrimony of the church woud be no sacriledg , the pious use is carryed on to the good of al ; and perhaps as first desin'd by the donors , when provision for wives and children , not in being , coud not be thought of ; the care of whom distract many from their duty , and dis-able them from keeping in decent repair the antient monuments of piety built by our ancestors . but all these things to be don , without the least prejudice to the present incumbents . when education is thus setled , the duty and interest of church-men , and their care of wives and children removed , plurality of livings , and simony prevented , as wel that of friendship , of the smock , marrying of cousens neeces , crooked sisters , or ladie 's women , as that of the purse ; al which in themselves are equally criminous , none but good men wil undertake the charge : and then the objections wil vanish which loose education has infused into the wild and foolish , viz. that religion is a cheat , a tric of state ; that the parson follows christ for the loaves ; speaks as does the lawyer in his trade , not that there 's any truth in 't , but because he has bosin lingua , &c. to do this , is neither so strange , nor so difficult , as was the greater alteration made by henry the eighth ; who had not in story bin so infamous tho he had seized on the whole temporalities of the church , had he but thus disposed of som part . and by the way you may take notice , that the house of commons in this point had been cromwels in the sixth and eleventh years of henry the fourth , who upon their advice had seized the churches patrimony , had they not by friends and mony prevented the blow ; and that de facto , several bishoprics and livings were injoy'd by som of his predecessors , which appears not onely from history , but from printed acts of parliament . that it wil be no hard matter , from graunts observations , and the bils of mortality , to make a computation of the numbers necessary to be sent yearly to the universities , for divinity , law , and physic : the last of which ought so to be regulated , as not to suffer any to kil ( rather than cure , ) which is daily don in london , and other parts of the kingdom , to the prejudice and scandal of that honorable and somtimes useful profession , to the loss of the peoples mony and lives , to the maintaining of many idle , and ignorant mountebancs , and impostors , who to the greater advantage of the common-wealth , might be employed , in more safe and beneficial trades or ways of living . this course wil also prevent such evil consequences in church and state , as formerly attended the superfaetations of the clergy , and the breeding up of servitors and poor scholars ( as they wel cal them ) in the universities ; who being generally of mean birth , and no less mean parts , and the attendance upon their masters not suffering them so wel to attend their studies ; and their subsistance by service failing them after they had staied at the university , no longer than to incapacitat and unfit them for any other way of living , and yet not to qualify them for turning preachers , however , having chopt a little logic and disputed of ens rationis , and so fancying they coud build castles in the aire , they assume the confidence to conclude , they cannot miss of habitations on the earth , and so from the lowest of the people , getting to be put into the priests office for a peece of bread , they becom a great cause of , as wel as they are in effect , the contempt of the clergy . and those for want of knowledg , lay their foundations in erroneous doctrines , in which nevertheless they coud not succeed , but by pretending an extraordinary mesure of saint-ship or holiness , railing at the sins and abuses of the times , which themselves have occasion'd . thus they creep into houses , and first lead silly women , and then their husbands captive , as adam by eves perswasion eating the forbidden fruit til he surfited and died , so these ignorant zelots not content in king iames his time and the beginning of king charles the first , to rob the kingdom of many families , til at last , they made themselves the boutefeus of the late horrid rebellion ; which tho it may be said , to have been principally occasion'd , by such as these , yet not without som episcopal mens having a finger in the pie : for , to say truth , i know not whether the too great stifness in the one , for their old , or in the other , against those formes , was most blameable . but this i know that by the collision of both parties , as of flints , a fire was kindled not unlike that in the tayles of samsons foxes , which proved as destructive of the expectations of profit each had of their own crop , as the other did to the philistines corn ; yet had the evil of that , not extended to any others , but those of the pulpit , we might now have talk'd on 't without much regret . what ever such violent disputes , have formerly been able to do , 't is my duty to wish , and yours to endeavor , that england be no more the stage of such tragedies . refraine not counsel when it may do good , and be not backward in advising that toleration is the first step , and education the next that perfectly leads the way to peace and happiness . this cours being taken , we shal have no cause to dispair , but that religion wil again resume its naked truth , that the doctrines of men wil be judged better or worse , as they more or less incline to holiness of living ; and thus being reduced to a calmness within our selves , we need not fear the designes of forrainers . of whom none , but france , can be supposed to have any upon england ; and if that be granted , why may it not be prevented , by observing stil the same rules of policy , which this crown formerly practised ; that was , so holding the ballance between the then two contending powers of spain and france , that neither shoud be able to obtain their aims , the universal monarchy of the west ? but now the case is alter'd , in that spain being much weakned by the accession of the west-indies , and grasping more than it coud wel hold in other countries , has quitted the field , and left france without a rival : so that the present interest of england seems to be the same with that of al europe , viz. to oppose by al possible means the growing greatness of france ; and reduce that crown to such a condition , as may not leave it in his power to hurt his neighbors . by what they have already compassed , one may guess they wil ere long bring about , if not timely stopt , their long design'd ambitious purposes : in the prosecution of which , they were in the late times of usurpation , the under-hand instrument of the war with holland , as they were of the two following , in sixty-five and seventy-one , blowing up the feuds on both sides , pretending to take part with each , but not really purposing it with either . having the same desine of weakning both parties , as the brittains formerly had , in throwing a bone of contention between the picts and scots , that they might in the end be the better able to overcom both ; in the mean time the french king gain'd an opportunity of building ships of war , and training up seamen , of which he was before destitute ; so that had not these quarrels , and our late civil wars given him a pretence of increasing his maritin power , we might stil , even by threats of burning the ships upon the stocks , or in the harbors , as did queen elizabeth , have kept that people under , and our selves from fear : but since by unavoidable accidents , the dice are so thrown , as that the fore is lost , let 's use the best of our art and skill , to retreive an after-game . there is no need to attempt the proof of what is as evident as the sun at noon-day , that the french king has a power great enuff , considering the present circumstances of europe , to make him hope , and al others dread his effecting that old define , which has bin the end of al actions of that crown for many years past ; which before he coud put in execution , his great obstacle and rival the spaniard was to be removed out of the way ; in order to which he judg'd necessary to fortify himself with some allyes , and engage others newters ; but foreseeing it was the interest of england and holland to oppose the one and assist the other , and therfore despairing to prevail upon either , he contriv'd to make both fall out ; not long after he took the advantage of unexpectedly invading the spanish netherlands , even while his agent then in spain was perswading that crown of his masters good intentions to continue in intire peace and amity with them . the consequence of which we wisely foreseeing , occasion'd our setting on foot the tripple league in the year . by which a stop was put to his further progress . and now perceiving himself disapointed , he makes various attempts in the years and , to invite england to break that alliance ; but finding his fineness vain , he oblicly endeavors it , by renewing the old , and inventing new grounds of quarrels , by such agents and pensioners in the state of holland , as his wealth had purchas'd ; which at last made them commit such insolence , against the honor of this crown , and the interest of the people in point of trade , as brought upon 'um the last fatal war , into which he no sooner drew the hollanders , than he rush'd into the very heart of their country . this sudden event made them confess their error , and our king the sooner to conclude a peace . the parliament was then and since very desirous his majesty shoud ingage with the dutch and spaniards against france ; and without doubt he knew it woud be his interest so to do ; but not at that time ; for tho the undoubted prerogative of the kings of england intitle them to make war and peace , he did not wave the former , because the parliament urged it , as the malicious suggest , but because he saw it not convenient . 't is tru the kings of england have bin pleas'd , to advise in such matters with their parliaments ; but that was an act of grace , and condescension , and ought not now ( if at al ) to be insisted on , so as to deny the king that liberty , which as a man he cannot want , that of examining and approving or disapproving what his great council shoud advise : for no man in his wits wil dream , the lords and commons have a power of imposing what they please upon the king , when without his assent , they have neither power nor right to make any act. the king considered , that peace is the happiness of a kingdom ; that war being a real evil , is never to be undertaken , but to avoid a greater ; that his treasures were exhausted by the war just finisht ; that his people had not recover'd their losses , by the plague , fire , and wars , and therfore were unable to bear the burden of heavy taxes , which of necessity must have bin imposed , to carry on a new one ; for which great preparations ought to be made , both of men , mony and shipping ; the former were no less wanting , than the last much impaired and diminish't . he consider'd , that the french king had not only bin amassing great treasure for many , but had also bin three years training up an army in al the disciplines of war , that it was necessary , before one king entred into a war , to compare his own and the others strength , whether with ten he were able to meet him with twenty thousand : that he ought to make alliances , and to have cautionary towns , before we declared our selves enemies ; that so great a desine was not to be made public , before things were ripe , least the dutch and french might clap up a peace , and that potent king turn against us the fury of his arms , for whom certainly in those circumstances , we shoud have bin a very unequal match . i am perswaded , that these , with other much wiser considerations not obvious to every man , convinced the king a war was on no score at that time seasonable : and to this opinion i am mov'd , by my sense , that the king coud not but reflect , that when the french king had subjected al the rest of europe , he woud not fail to ad england to his conquests , in which our kings losse must needs be greater than his subjects ; for it is unreasonable to think , that tru policy woud let the french king suffer any of the royal family , especially the king of england and france ( at whose title and arms-bearing he is not a little offended ) to outlive the loss of the crown ; since he coud not but believe , they woud be perpetually endeavouring , the regaining their own right : for tho subjection be unequal to al , 't is not so intolerable to any , as to those us'd to govern : and therfore t is an idle and and senseless inconsiderat fancy , to imagin the king and duke coud forget their own interest , or be frenchifi'd upon any promise or bargain , as is maliciously insinuated , that they might be more absolute , which can't possibly be in their thoughts or wishes . who know that , between kings or states , covenants are binding no longer than convenient ; that the french king has ever shewn , that his interest only or his wil is the rule of convenience . that he that makes war for his glory , has more ambition to put his chains upon princes , than on the people : his thoughts are as large as any of the roman emperors , and they esteemd it a greater glory to lead one king in triumph , than many thousands subjects of several kingdoms . and it is not to be suppos'd that the natural strength and situation of england , can be a sufficient defence against the power of france , when to that he has already , is added that of all the rest of europe , unless you can dream they may have a fleet greater than all , and may at once resist , by those walls , the invasion of others , and defend their merchant-men at sea ; which if not don , without an invasion , by spoiling the trade , england will be destroy'd , or which is altogether as bad , be render'd very poor and inconsiderable . and that this has bin his majestyes sense , may be guess'd by the progress he has made since the war , mediating a peace as best became a good king , and giveing his subjects an opportunity of enriching themselves , and inabling them to bear the necessary taxes , by ingrossing most of the trade of europe , and at length finding his endeavours ineffective , he prepar'd himself to resist the french desines by force , by providing a fleet , and knowing that he that fights with another must have skil at the same weapons , he suffer'd such of his subjects as were willing ( but on capitulations to return when he pleased ) to serve either the confederates or the french , not only to be fitted to lead others , but also to understand the new arts of fighting , which are greatly alter'd from what they were in former times . the king having thus prepared things , i hear he is so far from being backward to declare war with france , that he wil gladly do it , if his parliament wil but find out a sufficient means for carrying it on effectually : which i apprehend must not be ordinary , for that the war , if undertaken , is like to be of long continuance , and you wil guess that 't is no longer to be delay'd , if you wil but bring before your eyes , the danger we and all europe are expos'd to , by comparing the present power of france with what it was in the days of francis the first , and observing what he was then able to do , when assaulted by charles the fifth , who was not only emperor , but had all the power of spain , the seventeen provinces , of naples , sicily , sardinia , the dukedom of milan , and the riches of the west-indies , who was as wise , couragious , and fortunat a captain , as most ages of the world have known ; one who manag'd his own councils , & like alexander in every action appear'd at the head of his army ; who had above a hundred thousand wel disciplin'd men , led by many great and experienc'd commanders ; who was able , by a mighty naval power , to begirt france on both sides , from flanders and from spain . yet at that time france courting the same mistriss , the universal monarchy , was so powerful a rival , that he durst not attempt his removal out of the way of his ambition , without the aid and assistance of henry the eighth , the pope , and several princes of italy ; nor even then did he think himself secure , til he had drawn to a defection , charles duke of bourbon , the most considerable prince of france . and yet after all , he was forc'd to clap up an accommodation , on terms sufficiently advantageous to that crown . if so mighty a power , and so united , coud not prevail against francis the first , how unlikly is it to resist lewis the fourteenth , a much greater prince , when that power is now so much lessen'd , by being broken and divided into several hands ? when the emperor gives himself up more to devotion , than martial or state-affairs ? when the king of spain is a youth of sixteen , and when the seventeen provinces are canton'd between the spaniard and the states general ? when these several divisions and interests occasion long debates , different opinions , and slowness in preparation and action ? when all that was formerly manag'd by one single head , is by these accidents brought under the conduct of several governors , of whom , it 's possible , som may prefer their privat advantages to the interests of their masters ? this has made som conjecture , the french king has open'd more gates with silver keys , than by force of arms ; and has induc'd others to conclude , that the confederates wil hardly be able to defend the remainder of the spanish netherlands , another campagne , if not assisted by the joynt power of the rest of europe : this you wil easily believe , not to be ill grounded , if you consider the present greatness of france ; lewis has about four times the revenu francis had , and at least four times the army : nay rather , all his people are now in a manner souldiers ; 't is not only scandalous , but a vain attempt , for any gentleman there to make court for a wife , before he has serv'd a campaign or two , nor are any of the nobless sufferd to live at ease in the country , that do not go , or send som of their sons to the war. these practises enabl'd him last summer , in fifteen days to send forty-five thousand gentlemen , with their servants , at their own charge to raise the siege of charleroy . and to make the monarchy more absolute , matters have bin so order'd , that their parliaments are become ordinary courts of iustice , and have no other laws than the edicts of the prince's wil ; and if at any time , he condescends in formality to assemble the three estates ( who had in francis the first 's time the power of parliaments ) 't is but to tel them by his chancellor , the king wils you do thus or thus , you are not to advise or dispute , but immediatly ratify his commands , which accordingly are obey'd , as the effects of a despotic power . in the beginning of the year , he was not able to man out twenty ships of war , and now he has about two hundred ; he has not only vast treasures heaped together , but the strings of all the purses of his slaves rather than subjects in his own hands . if without any assistance he has already gain'd lorrain , franche comte , a great part of flanders , and no inconsiderable footing in germany and sicily , and in the beginning of the last campaigne three such strong holds , as valenciennes , st. omer , and cambray ; the weakest of which , most men thought , woud at least have made him whole a summers work , what wil he not be able to compass , against the rest of europe , when he has got the accession of germany , and all the low-countryes , to that already too boundless power by which he has fetter'd his own people , and subjected them to an absolute vassalage ? wil other nations expect better terms , than he has given his own ? 't is wel if he wil allow them even canvas and sabows . but above all , what can england hope , having for many years forc'd him to check the reins of his ambition , and is , i presume at this time ready to put on the caveson . books have already bin printed shewing his pretentions to this country , which , tho weak and silly , may help to spur him on in the pursuit of his glory . nor can less be expected from those , who by a confederacy with the late usurpers , gave an opportunity of taking away the life of the first charles , and of pursuing that of the second , to whom his own cousin german unhospitably deny'd the continuance of a retreat , when the vicissitudes of human affairs , to make him afterwards appear more glorious , vail'd him in clouds of misfortunes . what can be hop'd from him who contriv'd that never to be forgotten affront of burning our ships at chattam , and who is said to have had no smal hand in the firing of london : who tho stil'd the most christian , declares as an unalterable maxim , no treaty binding longer than it consists with his interest , not founded on religion , or reason , but on glory ? the very heathens were anciently , and the turks at this day are more punctual to their oaths and promises , the falsifying of any thing confirm'd by the adiuration of their gods , or mahomet , was , and is accounted infamous . but what treaties , or capitulations can be reckon'd which the french ministers have not violated ? have they not broken the famous pyrenean treaty , confirmd by oaths and sacraments ? and contrary to a solemn renunciation and the double ties of blood and marriage , before a breach complain'd of , or a war declar'd , invaded the territoryes of an infant king ? have not they by address , and cunning , by bribes and rewards , endeavored to corrupt most of the ministers of europe ? such practises amongst privat christians woud be abominable , and much more so , between any kings not stil'd the most christian. do they not publicly abet the proceedings of the rebels in hungary against their lawful prince ? and whatever the pope may be induc'd to beleive , not for the propagation of the romish religion ( for they are protestants ) but to serve his own ambitious purposes of enslaving the world ; of which , rather than fail , he has decreed to bring in the turk , in whose courts also he has found arts to make his coyn current . nor is the infallible man whom he has already pillard to scape him , at least as to the temporal part of his power , for not thinking that affront great enuff , and concluding , he has not as he ought , imploy'd it for the french interest , he is said to have privatly vow'd not only the lessening , but the abrogating of that great authority , in which his predecessors pepin and charlemain's charity had vested him . nor is his countenanceing the iansenists , a sect more dangerous to the see of rome , than that of luther or calvin , a smal argument , that he intends to pul down his spiritual grandeur , by fixing it in a gallican patriarch . but to com nearer home , have not the french had a main hand in our civil wars , and were they not since the secret instruments of spilling the blood of many thousands of our fellow subjects ? to som of whom , tho now they pretend civility , 't is not to give them a share in their glory , so much as to hazard their lives , making them steps to the throne of an unjust empire ; in order to which , they have expos'd them on all occasions , in hopes by weakning us , to remove out of their way the greatest block which has already given them check , and wil now i hope stop their carreir and mate them . and is it not time think you , that all the princes in christendom , for their common safety , shoud unite , not only to chase the french king out of his new conquests , but confine him to his ancient dominion and manner of government ? if this be not speedily put in execution , i may without the spirit of prophecy foretel , som of the princes of germany and italy who now seem unconcern'd , wil when 't is too late repent the oversight : the fire is already kindled in their neighborhood , and if they do not help to quench the flame , they wil quicly see their own dwellings laid in dust and ashes . every new acquist and accession of power inlarges our desires , and makes the ambitious man think , that which before seem'd not only difficult , but impossible , to be very plain and feasible ; the success of the french has already made them think no enterprise too hard , and and stil prompts them to push on their good fortune , which nothing can withstand but a general opposition of other princes . you see then , 't is not so much honor nor friendship , nor a desire of succorring the injur'd and oppressed , that invites the rest of europe , to the assistance of the netherlands , but the care and preservation of their laws and liberties , their glory , and their fortunes : and tho i am apt to believe on englands entring into the league , the french king woud gladly conclude a peace : yet i can't but think the doing so , woud be against the common interest , on any other terms , than quitting all his new acquisitions , and even then the confederats wil be out in policy , if they do not stil continue in a posture of defence , both by sea and land. the dutch paid dear for the contrary practise , and their sufferings in wil convince them and others , that so long as lewis the fourteenth lives , his neighbors must not expect to sleep in quiet ; they cannot prudently hope , his future practises wil be more just , than his former ; he that has already broke thro so many obligations of oaths and treatyes , is likely to do so agen ; whoever cannot be kept within bounds by the sense of reason and iustice , wil despise the weaker tyes of forced oaths ; for he that avows power to be the rule , and strength the law of iustice , wil not stick to say , this peace was an imposition , an unjust restraint of the lawful pursuit of his greatness . and therefore as soon as he gives his wearyed armies a breathing time , and sees the confederates dispers'd , and their troops disbanded , he wil like an unexpected torrent break-in upon som of his neighbors . the common inscription of his cannons ratio ultima regum , is by him inverted to a contrary sense , and made a public warning to mankind , that he desines , as god did of old , to give law to the world in thunder and lightening , to scatter by the flames of his artillery al those clouds of the confederat forces that intercept and eclipse the rayes of his glory . he makes the power of his arms his first and last reason : he do's not only pursu , but commonly wounds his adversary before he declares him such , or gives him leisure to draw . first invades a prince's territories , and after sets up his title and cause of the war ; is not concern'd that all the world observes the pretence is false and trifling , vain and unjust , warranted by no other reason than that of absolute and unbounded wil , that he wil do so , because he wil ; which is the foundation and conclusion of all his actions and wars abroad , as wel as of his laws and edicts at home , express'd in these imperious words , tel est nostre plaisir . he do's not only tread in the steps , but out-go one of his predecessors , who in a quarrel with his holiness , sent him word , that what he coud not justify by cannon-law , he woud by the law of the cannon . his device the sun in its meridian with his motto non pluribus impar , sufficiently shews his intentions for the universal monarchy , and the haughty opinion he conceives , of his being the only person qualify'd for the goverment of more worlds than one , declares his resolutions of admitting no rivals in soverainty , looking upon all other princes but as so many smaller stars , or wandering planets compar'd with him the sun ; from whom after the antiquated and justly exploded opinion of som philosophers , they are to receive their borrowed light or power , as it shal please his mightiness to dispense : so that crowned heads , princes and republics , as wel as their subjects , are to expect the same meat that of slavery ; and tho that be not sweet , yet the sawce wil be sorer , poinant to all , tho perhaps a little differenc'd ; the former may be allow'd golden , while the later are to be manacled with iron-chains . in order hereunto , his ambition has made him resolve the conquering of the world after the example of alexander , whose title of great as an earnest of his future hopes , he has already assum'd . he has vow'd to make himself as famous to posterity , by his sword , tho not by his pen , as caesar has don : that paris shal give law to the universe , as rome once did , and that the ocean shal yield no less to the sene , than formerly it did to tyber . now if england , which alone is able to do it , prevents the execution of these vast purposes , what can we expect , but that one time or other , he wil seek a revenge ; and notwithstanding his promises and solem confirmations of peace , try against us the success of his arms , and by numbers endeavour for this mighty insolence , to chastise those , for whom even their own histories wil convince them , they are man to man a very unequal match . the dis-banding his forces for the present , is far from being a security , since he may raise them again at his pleasure . nor indeed do i imagin , he wil discharge his armies , since that were to give them an opportunity of rebelling , for which he is sensible , his people are sufficiently prepar'd , and only want either domestic heads and partisans , or forrein assistance , to rescu themselves from tyranny and oppression . and is it fit , while so potent and so near a monarch is in arms , that we sh●ud stand with our hands in our pockets ? no , i am perswaded , tho a present peace shoud be concluded , that the king and his ministers , wil think it for the common safety , and the particular interest of england , not only to enter with the confederats into a strict allyance offensive and defensive , but also , to put themselves into a posture of war both at sea and land. the end of war is peace , but a peace with france seems to me to be the beginning of war , or ( at least ) a preparation for one ; and i must ingenuously profess , tho war be a great evil , yet from all appearances , i dread the consequences of a peace more , for that without great care , it wil be of the two , the most fatal to england : but this consideration , as most fit , i leave to my superiors , and wil only ask you , whether before we engage in a war abroad , it be not fit , to secure a peace at home ? to reconcile by toleration , our differences in point of religion , that the french emissaries , or others , may not be able to strike fire into the tinder already prepared for the least spark . it must not be forgot , that , to divert or disable queen elizabeth from assisting france , or def●nding holland , phillip the second of spain incouraged and assisted tyrone , to rebel in ireland ; that in the long war between us and france , it was the frequent practice of that crown to incite the scots to make incursions upon us ; and i presume , it wil be consider'd , whether some ambitious men of that kingdom may not influence the people to favor or side with a prince who maintains great numbers of their nation , by the considerations that they are now but a province , that england denyes them an equal freedom in traffic ; that they may have better terms from the french in that and religion , in which by denyal of liberty they seem dis-satisfy'd . tho such persons can't possibly work on the wise , the considerative of the people , yet sure it were not improper to study a course , to prevent the unthinking croud , the rabbles being deluded by such fals and groundless pretensions ; which in my opinion are with more care to be provided against in ireland , where 't is said those and other motives may be urged : for there are computed to be in that kingdom about eleven hundred thousand persons , of which are irish , and of them above , born to estates , dispossest ; these for their losses , and others for restraint in matters of religion , are discontented , not considering their own rebellion occasion'd their ruin : ( by their murmurings i perceive let the sentence be never so just , it wil not hinder the condemn'd from railing against the judg : ) that , besides their suffering in estate and religion , they are yet further beyond the scots renderd uncapable of injoying any office or power military , or civil , either in their native , or any other , of their princes countryes ; their folly having thus reduced them to a condition more like that of slaves than subjects , many of the gentry go frequently into other kingdoms , but most into france , who may possibly be incouraged to return to move the people to a new sedition , especially if they can give them assurance of forrein assistance . the king wisely foreseeing this , directed in . his late vigilant and prudent vicegerent the earl of essex , to disarm the irish papists , and netwithstanding the exact execution of that command , it s said that his majesty intends to put himself to the further charge of increasing his army in that kingdom , beyond what now it is , and to appoint a considerable squadron of ships to guard and defend its coasts from any attempts of invasion , without which there is not the least fear of any intestine commotions . this , with the charge he has bin at in erecting a new fort in the harbor of kinsale , the most likely place to prevent the entring of any forrein power into that country , shews he has bin watchful to secure himself and people against the french desines . and now i touch upon ireland , i have heard som say , that it is not only convenient but necessary , to unite that kingdom to this , to make a new division of shires , to send only so many members to parliament , as coud no more join to out-vote us , than cornwal and devonshire with two or three other countyes : but i see not if they were thus made one , wherein their interest woud be different from ours ; many rather think they woud be losers by the bargain . others fancy pointings act shoud be repeal'd , that at first , tho a trick , it was necessary ; but now is not , all the power and almost all the land , being devolved upon such as are mediatly or immediatly english , and protestants ; and that by an easy contrivance , they might be still oblig'd to a dependence on the crown of england ; by which , it s said , if they are always so kept under , as to be no more than hewers of wood and drawers of water , they may in future ages be incouraged to a defection , and either set up a power of their own , or invite a forreiner , which might prove of ill consequence to england ; for the harbours and situation of ireland lying more convenient for trade , makes it that way , or otherwise , a ready inlet to the conquest of england . the people there , stomach the prejudice , in point of commerce , desined , tho not effected , by the acts against their cattle , navigation , and plantation trade ; by the first they are said to have gaind vastly , by an increase in woollen and linnen manufactures , in shipping and forrain traffic , to the great prejudice of england : and i have bin credibly inform'd , by a person who examin'd it , that they have gaind communibus annis , forty thousand pounds sterling yearly , by the exported commodities of beef , tallow , hides , butter , and wool , yeelding so much more , after the passing that act , than they and the cattle did before , when transported together . and if the irish , of which there are few pure families left , have som pretence to the kings favour , as he is lineally descended from fergutius , second son of the then reigning king of ireland , and first of scotland , which was anciently peopled from thence , the english there claim greater share in his majesties grace , and say of right , they ought to be accounted but the younger brothers of england . i coud wish with all my heart , the story were tru , i had from an irish gentleman in france , that his countrey-men were so pleased , that they were at last govern'd by a king descended from their own blood royal , that they had resolved , to pay his majesty and the successors of his line , the allegiance due from natural born subjects , not from a conquer'd people , which they now no more esteem themselves , nor desire to be accounted by others : how much of this may be tru you and i know not , but this i think , if all the natives were oblig'd to speak english , and all call'd by the name of the english of , ireland , and allow'd equal privileges in trade , the same usages and customs , begetting a harmony in humor , that rancor might in time be remov'd , which from a sense of being conquer'd renders them now troublesom and chargeable to this kingdom . this was design'd in part by queen elizabeth , and king iames , and perhaps had bin effected for the whole , but that the irish coud not be said to have bin fully conqer'd before the tenth year of his reign , which was after the making of those statutes . it woud be , i confess , an advantage to england , to be freed from the charge and necessity of keeping that kingdom under by a constant army ; and considering the inconveniences this nation has suffer'd , by their frequent wars and rebellions , their gain woud be more , if they had never conquer'd the countrey , in which the losses of the english coud perhaps be never better compensated , than by sinking it , if possible under water . the accession of so much people unto england , might make som reparation , for the greater number which to our own impoverishment we have sent thither . i have dwelt the longer , upon the considerations of scotland and ireland , to shew the frenchman may be mistaken , who , about ten or twelve years since , publisht a book of politics , chalking out the way for the french kings gaining the universal monarchy ( in immitation of campanella to philip the second on the same subject ) wherein , after several insufferable slights and indignities , intolerable base , false and malicious characters thrown and fixt upon the english , he tells it will be an easy task to overcome them ( but in the last place ) by sowing divisions among the king of englands subjects , especially those of scotland and ireland ; by false insinuations , jealousies and fears of popery and arbitrary government , &c. the prevention wherof wil be his majestyes particular care , and the parliaments , to inable him to carry on this great work of our common safety , against the common enemy the disturber of the peace of christendom by finding out an easy and sufficient fond , which naturally brings me to the consideration of taxes , allow'd by all understanding men , as absolutly necessary for the support of the body politic , as meat and drink for the natural : but what kinds are best , has been much disputed : before i descend to particulars , it is not amiss to observe in general , that no taxes can be just or safe , which are not equal . all subjects , as wel the meanest , as the greatest , are alike concern'd in the common safety ; and therefore shoud , according to their respective interests of riches or enjoyments , bear the charge in equal proportions : the contrary practice must of necessity beget murmurings and discontents , which seldom ending in words , proceed higher to blows , dividing the oppressed against the others , which wil certainly disquiet and disturb , and may probably ruin both . that all taxes shoud be proportion'd to the necessities of state ; that in computing these , the error , if any must be , is safer on the right hand , than in defect ; because the overplus may be order'd to other good public uses . that when taxes are made equal to the people , and proportionat to the charges of the public , 't is much more for the subjects ease , and the common safety , that they be made perpetual , than temporary : for , if the means of securing our selves against all the dangers to which we are expos'd , be not sufficient , we must undoubtedly yield our selves up to the mercy of our enemies , or suffer much vexation , in parting with further supplies from time to time , out of that substance , which nature or our own almost equally binding customes , have made but just enuff for the support of our selves and families ; either of which is very grievous : and because the event is uncertain , 't is hard to determin , which of the two is most destructive to the pleasures of life ; for he that says , the choice is easy , in that your enemies may take away your life , the other course does but render it miserable ; is in my opinion much mistaken , it being more eligible to have no sense at all , than to have it only to endure pain : for life is in it self a thing indifferent , neither good nor bad , but as it is the subject of pleasing or unpleasing perceptions ; and is then better or worse , as it has more or less of the one or the other : so that the proper question is not , whether it be better to live or not to live ? but , whether misery be preferable to no misery ? to which , not only reason but sense is able to give a satisfactory answer . you see then , that if the taxes fal short of their end , we are expos'd to great miseries ; and therfore to exceed is fafer , especially when things may be so order'd , that after the occasions are supply'd , the surplusage may be refunded , or imploy'd in the way of a banc or lombard , or public trade , as fishing or cloathing , &c. the first as an unexpected gift , wil be very grateful to the people , and the other wil not be less benificial because it must encrease their riches , and be a fond without new taxes for any future emergencies . that perpetuating the revenu is most easy for the people , and most convenient for public ends , wil farther appear from these following considerations ; that an equal tax tho greater than is needful , so the money be not hoarded up to hinder trade , but issued as fast as it comes in , for necessaries within the country , however it may for the present make som alterations in particular families , do's not impoverish the whole : for riches , as power , consisting in comparison , all , equally retrenching som part of their expences , remain as rich as they were before . this retrenchment may at first seem unpleasant and stomacful to those who think what they have little enuff for their privat expence ; but such ought to consider , if they refuse to part with som , they wil infallibly lose all ; that instead of being a free people , they may becom slaves , and wil not then have it in their power to keep ought of what they cal their own ; have no liberty or property , but at the pleasure of their conquering tryumphant lord and master : that then they wil be dealt with like beasts , now they have the liberty of rational men , i. e. of choosing with the wise merchant in a storm , to throw som of his goods over-board , to secure his life , and the rest of his fortune . when by prudent rules of oeconomy and temperance , they have par'd off those great extravagancies men are now given to , in cloaths , in meat and drink , &c. to the decay of their healths , and shortning of their lives , and have proportion'd their layings-out to their comings-in , what for the present seems so hard , wil becom very easy , and be hereafter no more felt , than the payment of tythes now ; which without doubt wrought the same effect at first , as this may be suppos'd to do . but what is yet much better , they wil make us rich ; for i am convinced , that the great taxes in the united netherlands have bin the chiefest cause of their great wealth ; and tho this be no smal paradox , and perhaps a new one , i am fully perswaded it contains a great truth ; for their great taxes necessitated great industry and frugality , and these becoming habitual , coud not but produce wealth ; especially considering that the product of labor is more valuable to the kingdom than the land , and all other personal estate , which i wil shew under the particular of trade . when the taxes are less than serve , or to last but for a time , those who do not make their expences short of their in-comes , but think they may without prejudice make both ends meet ; or if they exceed so soon as that proportion which now goes to the public comes in , it wil make things even again ; do not consider , how difficult it is to fal , and that in the mean time an accident may happen , that not only requires the continuance of the temporary , but also of imposing new and greater taxes : then , when perhaps it 's too late , they cry out , they are ruin'd , and undon ; and indeed , the case seems hard , yet can't be avoided . therefore to answer our present needs , and prevent for the future such great evils , the taxes are to be made perpetual ; so we being under a necessity of adjusting our privat affairs accordingly , a little time wil make them habitual to us , and insensible to our posterity : for , that if they be not perpetual , but to determin at certain or uncertain periods of time , they do not only becom uneasy to the subject , but inconvenient for the publick security , which may suffer much at home and abroad in the interval , before new supplies can be legally rais'd . i do not doubt , but you and your fellow-members , have it in yout thoughts , that all the customs and half the excise cease upon the death of our soverain , for whose long life every good subject is bound by interest no less than duty , heartily to pray ; but is it not to be remembred , that the period of humane life is uncertain , tho that of our evil which may thereupon insue , be not ; the occasions of our expence continuing , tho the means of supporting them fail ; that before a parliament can be conven'd , those others may be increas'd , because in the mean time the merchants wil fil the kingdom with goods , and sel them at the same rates they now do , reckoning that a lucky hit , and so anticipate the markets for two three or more years , with all manner of staple commodities , linnen , silk , salt , &c. which they have near at hand ; and with what perishable commodityes , they can procure , for as long a term as they wil last , and perhaps covetously and foolishly for a longer ; thus the people wil pay and lose , and yet the state grow poor , as wel for the present , as future , while the merchants only , the overhasty and immature , wil have the profit : and tho they talk loudest , the consumptioner stil pays the duty , and that with interest . in proportioning of taxes , we must have recourse to the necessities of the charge , which in my sence of things ought to extend to all that relate to us as single persons , in matters of right or wrong , as law , &c. as wel as to what concerns us , with reference to the whole in our public occasions , as of peace or war , forrein or domestic ; for i hold it altogether as reasonable , that the public shoud pay all those officers who promote and distribute iustice , as wel as those others now paid by the state ; in proportion to which , i hope our governors wil consider what wil suffice , for the management of all affairs that any way conduce to the joynt good of the whole body politic , and when that is known and fixt , leave the rest to our own particular disposal . but in this proportioning of taxes , we must rather look forward than backward . our home occasions are easily judged , but those abroad must be taken by other measures , the former use of mony compar'd with its present , the ancient demeans of the crown with what they are now , and the strength and power of our neighbours , especially the french ; concerning whom we are not to forget , that that crown is much more potent than it was heretofore , by the accession of large territories , which , when englands , gave it great aid and assistance in their war : that the expence of one years war in this age , is greater than of twenty in former times ; that then two pence a day woud go further than twenty pence now ; that six or ten thousand men were as considerable an army , as forty or fifty thousand now ; then a smal castle , moat , or ordinary ditch , was a good fortification ; but mighty bastians , large curteines doubly fortified with faussbrais , counterscarps , half moons , redoubts and great variety of other out-works , according to the nature and situation of places , with exquisite skil , and vast expence made and defended , together with the strongest cittadills , are now taken : then the charges of arms & amunition , bows and arrows serving insteed of fire arms , were inconsiderable : that now france has in constant pay above a hundred and twenty som say above two hundred thousand fighting men , whose standing army in former times exceeded not ten thousand , nor so many but on particular occasions ; then a single battle , or at most a summers expedition put an end to a war , no long nor formal sieges to spin out the quarrel . now the whole seene is changed , from what in those days it consisted in ; courage and strength of body , into that where patience in fatigue , dexterity in wit , and mony in purse shal make the coward and the weak an equal match at least , for sinewy and gigantic force . there is no doubt but as many of the english , as luxury and idleness have not softned into effeminacy , have stil as great valour and resolution : but they are to consider , that their old enemys , the french are not the same they formerly were : that they finding their first sa sa , or brisk onset woud not do the feat , and wanting courage to rally , nature having deny'd them bodily strength , but to supply that defect , having given them wit to use stratagems , have quite changed the scene of war , and taken their leave of the old way of venturing body to body . that in queen elizabeth's time , thirty ships , such as perhaps exceeded not our third and fourth rate frigats , were the fleet which gave law to the biggest part of the world , the sea ; and without the help of storms , doubted not to have overcom the too arrogantly styl'd invincible armada . that in those days few besides the kingdom of spain , and state of venice , had any ships of war : that france and holland were then very weak , and all four unable to contend with us : that now the swedes , danes , hamburghers , ostenders , and algerines , &c. have considerable fleets . that the states of the united provinces have much more shipping than the french king , who yet has upwards of two-hundred men of war , and many larger than most in europe , and is every day building more ; and lest he shoud yet have further need , i have an account , he has lately countermanded about fifty sail of st. maloes and haven de grace , merchant-men , of considerable force , bound to new-found-land . if then his power be so vastly increas'd , that as he gives out , he has cash for five years charge , and provisions and forrage for two . that his ordinary revenu in france , not to speak of his new acquisitions , amounts by the most modest computation to above nine millions sterling per annum ; and his country being rich , and the power in his own hands , he may at any time raise what more he pleases : is it not then necessary to consider our own strength , and by sufficient supplies at home , as wel as allies abroad , secure our necks against that yoke with which he threatens to inslave all europe ? nor wil it be amiss for the subject to observe , that the french by fomenting our quarrels forein and domestic , have bin the main occasions of the great taxes and impositions ( necessary appendages of the former ) under which the english nation has groand for these last forty years , even the ship-mony had its rise from the affronts their pride and insolence threw up on us , and they wil yet oblige us to suffer more , unless by the joynt force of our arms and mony in a round and larg supply for the war , we speedily inable our selve's , to revenge our past injuries and their present desines , and so put it out of their power , either by this or any other of their crafty practises , to disturb or hurt us for the future . and 't is to be consider'd , that as the expences abroad are much greater , so they are likewise at home ; that an hundred pound before the eighteenth of edward the third , was equivalent in intrinsic valu to three hundred pound of our now current mony ; their groat being rais'd to our shilling . that our expences are not only far greater than they were in those days , but that our necessary uses require ten times as much as they coud be then suply'd for ; perhaps no less occasion'd by the discovery of the west indy mines ( the plenty of every commodity making it cheap ) than by our own much greater extravagance : whence it is plain , that the present re-venu of the state , even for necessary occasions , ought to exceed the ancient , as thirty does one . and since our great intrest , no less than honor , lies in securing the dominion of the seas , and by that our trade ; our fleet must be answerable to that of our neighbours ; it wil then , allowing the english , man to man , to be a third stronger than the french , seem reasonable , to have an hundred and fifty ships of war in constant readiness . and comparing the charge of the admiralty , by taking an estimat of what it was in queen elizabeths time , and in the beginning of king iames's . , with what it has bin since this kings raign , which if i mistake not , i have bin told by more than your self , was offerd to be made out in parliament , to have bin per annum . but granting it was but , it must follow , that our fleet has bin ten times bigger , than that of king iames , or that the charge is now ten times more ; that if it be yet necessary to inlarge it treble , to make it strong enuff , that wil increase the ordinary annual charge by the first account to , by the last to . and if the building of thirty ships require near p. how much more wil be wanting to compleat the fleet sail , and to continu building every year , with an allowance of one third less , in proportion to the french kings ? by which we can not yet reckon our selves secure from the common foe , without a strict alliance with the germans , dutch and spaniards . if then the ordinary occasions of our fleet require thus much , and the extraordinary a vast addition , the common expenses in every particular above thirty for one , more than in edward the thirds time , when the crown had a large revenu in lands , what wil all need in the extraordinary accidents of war , &c. now when these are almost dwindled into nothing ? but these considerations i leave to the proper persons ; yet , by the by , give me leave to tel you , they were never thought of , by those mal-contents , who have talk'd loud of the great supplies this king has had : this alone cancels the obligation ; he that brags of having don another good turns , pays himself , and does not only free but disoblige the recever : it woud have argued more ingenuity , not to have compared the subsidies of this kings raign , with those of his predecessors , without taking notice , that perhaps his occasions required more , than all theirs did . that dureing the eighteen years he and his father were kept out of their rights , he must have contracted vast debts , for the support of himself , his army and his followers ; that the great revenu of the crown was in a manner gon ; that other kings had squees'd vast sums from their subjects , by loanes , monopolies , &c. of which no mention was made in the computation ; that the building of ships and above four years of such war at sea consum'd more , than any one hundred years war at land , since the conquest . that the consideration of the vast charge dunkirk put the crown to , at least three times more than it yeilded , occasiond the advise of its sale. that tangier has stood the king in very great sums . that til of late , the supporting the charge of irelana helped to drein the exchequer of england ; that the intrinsic valu of one million formerly , was equal to that of three millions now , and in real use to thirty millions ; for the tru intrinsic valu , or worth of mony , is no otherwise to be computed , than according to what it wil purchase for our present consumptions ; which i have reckond to exceed those of old but by ten , tho i have heard others say much more . but that which has made these complaints so loud , has not bin only inconsideration , or perhaps malice , but the inequallity of imposeing the taxes ; those great inconveniencies may be easily obviated for the future , by maki●g and applying to particular uses , such sufficient and equal fonds as are necessary to be setled : i wil only instance in one , that of the customes , which seems originally to have had its rise for that end , & therefore ought to be appropriated to the use of the navy ; i wish it were great enuff , for such as our safety requires . and if this course be taken in apportioning the revenu , the public and privat expences are to be generously computed ; the doing so , wil remove iealousies and distrusts on all sides , the king wil be under no necessity of straining his prerogative , by hearkning to the devices of projectors , the people wil be quiet and at ease ; and then every man may safely sit under his own vine , and his own fig-tree , and enjoy with pleasure the fruits of his labor . if you look into the histories of past ages , you wil find the disputes of the prerogative on one hand , and of liberty on the other , were alwayes founded on the want of mony ; and he that considers the evils that have ensued , wil soon believe it very necessary , to prevent the like for the future , by applying to every use of the crown or state , ( i do not say to the person of the king , whose greatest share is the trouble , while the subjects is security and ease ) a sufficient and perpetual revenu . this act wil beget an intire confidence and love , and so unite us to one another , as wil make it impossible for any storms without , or commotions within , to shake this kingdom , so founded on a rock ; against which , all , who make any attempts , must needs split themselves and fortunes . i have , according to my wonted freedom , given you my thoughts , why i think it more convenient , both for public and privat , that the revenu were sufficient and perpetual : against which , i never met but with one objection , to wit , that if that were don , the king woud not so frequently , if at all , call his parliament : as if there were no use for this great council , but raising of mony : the altering or repealing the old , and making new laws ; the reforming of errors and abuses , in inferior courts of iustice ; the deciding the controversies , those courts coud not , and many other things woud make their meeting necessary ; the king woud see 't were his advantage to cal them often , since besides that there is safety in the multitude of counsellors , all that happens to be severe and harsh , woud light on them , and yet none coud be offended , because the act of the whole : nor coud his majesty but be sensible that all innovations are dangerous in a state ; for it is like a watch , out of which , any one peece lost woud disorder the whole ; that the parliament is the great spring or heart , without which , the body of the common-wealth , coud enjoy neither health nor vigor , life nor motion , that while they mind their duty , in proposeing and advising what is best for king and people , without privat respect , leaving him the undoubted prerogative of kings , of nature and reason , of assenting or dissenting , as he is convinc'd in his conscience , is best for the common good , which is to be his measure in all actions , as the laws are to be the subjects rule ; i see not why it shoud not be his interest , to cal them frequently . that none can be suppos'd to advise the contrary , unless som few great men , to avoid , not so much perhaps the iustice , as the passion , envy and prejudice of som , in that iudicature , to whom they may think themselves obnoxious : but granting this , 't is unreasonable to think , so wise and so good a prince , wil prefer the privat interest , of any single man , tho never so great , before the general good and satisfaction of his people : i shoud rather think , he wil in the words of his royal father , in a speech to his parliament , give in this , a ful assurance , i must conclude , that i seek my peoples happiness , for their slourishing is my greatest glory , and their affection my greatest strength . his majesty wel knows , with what tenderness and love his subjects are to be treated ; that 't is more safe , more pleasing and more easy , to erect his throne over their hearts , than their heads , to be obey'd for love rather than fear ; the dominion , founded on the later , often meets the same fate , with a house built upon the sands ; while that establish'd on the former , continues firm and immovable as a rock : he is not ignorant , that as the multitude of the wise is the welfare of the world , so does the being and wel-being of the english nation , consist in the frequent counsels , deliberations and acts of king and parliament ; in which providence has so blended the king and people's interests , that , like husband and wife , they can never be sunder'd , without mutual inconvenience and unhappiness . the sense and observation of this , makes our king's reign prosperous , and gives him a more glorious title than that of king , viz. the father of the country , and the great god-like preserver of his children's rights and liberties , who , out of a deep sense of duty and gratitude , must own and remember who tels them , that a wise king is the upholding of his people ; and therefore , cannot but pay him even for their own interest , all imaginable loyalty , deference , and respect , giving up their lives and fortunes for his ( or which is all one , their own ) safety , who studies nothing so much as their good and wel-fare . besides , the king has already past an act , that a parliament shal sit at least once in three years , and in several speeches he has declar'd himself ready to do what further we shal desire , for the better security of our liberties , properties , and religion ; why then shoud any think , he woud not esteem it his own , as wel as people's interest , to consult often , and upon all suddain occasions , with his parliament ? for my own part , i shoud rather believe , by continuing this so long , that he woud not be against their assembling thrice a year , as , by the grace of former kings , was accustom'd , for many years , before and after the conquest . but to put all iealousies to silence , the parliament , in settling and appropriating the revenu , to particular uses , may ( as they have already begun to do , in the act for building thirty ships ) grant it under a kind of condition , or proviso , viz. that the respective officers , give a ful account , of the employment thereof , unto the parliament , at least , once in every three years ; otherwise , all farther leavies of the same to cease , &c. having said thus much , in general of taxes , i com now to the partic●lar branches ; i have already shew'd the inconvenience of the customs , &c. determining with the king's life ; i wil further add , that the book of rates ought to be reviewed , and in the new one , a greater consideration had of the usefulness and necessity of the commodities , in placing the imposition on them ; viz. rating all the allow'd commodities of france , much higher than they are , raising the duty of their wines , to be at least equal , with that , on those of spain : i never yet coud be satisfy'd , what induc'd the compilers of that book , to rate spanish wines higher , than those of france ; since the height of duty is a sort of prohibition , which ought to be more taken care of , in the trade with france , by which we are vast loosers ; than in that with spain , which is a gainful one : the best reason i could find , is , that they did it inconsideratly , taking it as they found it left , by the long parliament , who by the sense of revenge for the war , were induced so to treat the spaniard . one might have thought the last impost on french wines , woud have lessen'd their importation : which colbert the financer observing it had not don ( i was assur'd at my return in august by fontainbleau , that ) in his measures for the next years charge , he valued his master on that account , not doubting but the parliament woud take off that duty of wine , which woud give him opportunity to put so much on ; that at this , the french king smil'd and said , for such a kindn●ss he shoud be oblig'd , and woud no more cal them petite maison ; but i hope notwithstanding his scornful quibble , he wil find such sober resolutions in that house , as wil set him a madding , and that , instead of taking off that duty , he may perceive more put on ; which is indeed the only effectual way to prohibit the importation , of these vast quantities of french goods , by which england is greatly impoverisht . to lessen the trafic of his people , is the first step to lower him ; which i am perswaded is best don , by imposing an excessive high duty , upon all the commodities , and contriving the act so , that nothing shoud pass duty free ; this course woud be a better restraint , than absolute prohibition : and 't is the method he himself has taken in the trade with us , which he had long since wholly forbid , but that upon examination , he found , it was driven to above l. advantage to his subjects , and loss to those of england ; this , rather yearly increasing , than decreasing , wil at length quite ruin us , if not prevented ; and yet notwithstanding , he imposes upon our cloaths four shillings an ell , as a sumptuary law , to oblige his subjects , to the use of their own manufactures . the next is the excise , which , if equaly imposed , were the best and easiest of all taxes ; to make it so , after the manner of holland , it ought to be laid upon all things ready to be consum'd . this puts it into the power , of every man to pay more or less , as he resolves to live loosely or thriftily ; by this course no man pays but according to his enjoyment or actual riches , of which none can be said to have more , than what he spends ; tru riches consisting only in the use . but the present excise is grievous , because heavyer on the poor laborers and meaner sort of people , than on the rich and great ; who do not pay above a tenth , of what the others do ; and considering , that most of the noble and privat families , out of london , brew their own drink , it falls yet heavier on the poorer sort , and wil at last on the state ; for , the common brewers do already complain , that they dayly lose their trade , many of their customers , even in london , brewing for themselves , to save the imposition . to speak the truth , in good conscience , this branch ought to have been imposed on the nobles and estated-men , rather than on the artificer and laborers , who were very slenderly concern'd in the grounds of it , viz. the taking away the wardships and purveyance , which was so great an advantage to the public , especially the richer , that that act of grace and condescension in his majesty , which freed us and our posterity , from great inconveniences and greater sines of subjection , ought never to be forgotten . this act gave us a greater propriety and liberty , than ever we had before ; and must the poor chiefly pay , for the benefit of the rich ? let it not be told to the generations to com , that an act so unequal was contriv'd by those who study only the public interest ; let it then be review'd , and either made general , on all public and privat brewers , by which the rich wil stil have advantage of the poor , according to the difference between strong and smal beer , ( for to allow public brewers , and prohibit all privat ones , as is practis'd in the low countries , woud never be endur'd in england ; ) or rather let it be plac'd on malt , or taken quite off , and laid on the land as a perpetual crown rent ; or let there be a general excise ( the most equal tax that possibly can be devis'd ) on all consum'd commodities of our own growth , or imported : which ought to be managed by proper officers ; the farming of any part of the revenu being of evil consequence , as i coud shew at large , both to the state and people . the hearth - mony is a sort of excise , but a very unequal one too ; the smoak on 't has offended the eyes of many , and it were to be wisht , that it were quite taken away , and somthing in lieu thereof given to the crown less offensive to the peoples senses ; i have heard many say , that an imposition on licenses for selling of ale , strong waters , coffee , syder , mum , and all other liquors , and for victualling-houses , might be as beneficial to the crown , and so order'd as might prevent or discover high-way-men , &c. i have read among the irish statutes one to this purpose , obliging among other things the inn-keepers , &c. to make good all horses stolen out of their stables or pastures . an imposition on all stage-coaches , carts , waggons , and carriers , set aside for the wel ordering the roads , woud be of general advantage ; as woud a tax upon periwigs , forving in part as a sumptuary law. a year , or half a years rent charg'd upon all the new buildings since , woud not only much oblige the city of london , enabling them by the difference of rents to let those many wast houses , which now to the ruin of trade remains un-tenanted , & also gratify the kingdom , by easing them from the common thredbare , land-tax . i do not question but , in this conjuncture , the wit of men wil be contriving new ways to supply the present occasions of a war ; for that a land-tax is slow and unequal ; and i am apt to fancy , that of the poll-mony wil be pitcht upon , as the most speedy levy , but must not be too great . as to my self , i am not sollicitous what course they take , but wish it such as may be equal , and so wil be pleasing to most : but be it great or smal , the king , as formerly , wil be agen defrauded , unless there be special care taken ; the way i apprehend is , that for twenty-one years to com , neither plaintif nor defendant be allow'd the benefit of the law , without producing an authentic acquittance or discharge , that they have paid this pol-mony , and averring the same in their actions or pleas. that the ministers be forbid to marry within that space any , who do not , women as wel as men , produce such certificats . that none be admitted to any office or command , civil or military , administration or executorship , freedom or privilege in town , city , or corporation , or receiv'd into any of the public schools , inns , or universities , if of the age limited by the act , except they make out the said payment ; which in three months after ought to be registred , with the persons names and qualities . now , in regard that england is already very much under-peopled , and wil be more so if there be a war : to provide against those evils , and to obviat in som measure the loosness and debauchery of the present age , i have thought of a sort of tax , which i believe is perfectly new to all the world , and under which 't is probable , if it takes , i have made provision for my own paying the crown no inconsiderable sum , during my life . 't is a tax upon caelibat , or upon unmarryed people , viz. that the eldest sons of gentlemen and other degrees of nobility upwards , shoud marry by twenty-two compleat , all their daughters by eighteen , and yonger sons by twenty-five : all citizen's eldest sons ( not gentlemen ) by twenty-three ; all other men by twenty-five . all the daughters ( not servants ) of all men under the degree of gentlemen , to marry by nineteen ; all maid-servants by twenty . that all widdowers under fifty marry within twelve months after the death of their wives ; all widdows under thirty-five , within two years after their husband's decease , unless the widdowers or widdows have children alive . i allow the women , as the softer and better natur'd , more time to lament their loss . that no man marry after seventy , nor widdow after forty-five . that all men cohabit with their wives . that the eldest sons of gentlemen , and all other degrees of nobility upward , and all other persons not married by the times limited , as afore-said , shal pay per annum a peece these following rates , viz. dukes , marquesses , and their eldest sons forty pound , other lords and their eldest sons twenty pound , knights , barronets , ten pound , esquires eight pound , gentlemen five pound , citizens three pound , all other retailing trades-men two pound . the yonger brothers or sons of all the fore-going persons ( respectively ) half so much ; and likewise the maiden daughters , or rather their fathers or gardians for them . all servants , laborers , and others six shillings eight pence . all the above-said widdowers or widdows , not marrying again under the age afore-said half ; but marrying again after the ages above limited , double according to their qualities respectively ; and all marryed men not cohabiting with their wives to pay quadruple . you may perceive i do not forget , in this scheme , to practice som of the courtesy of england towards the women ; that in regard it is not fashionable for them to court ( an hardship custom and their own pride has foolishly brought upon them ) they are tax'd but at half what their elder brothers are . these things i do not set down with a design of giving people a liberty of playing the fool as now , in matters of fornication under those penalties . for all single persons that do so , i woud have oblig'd under an indispensible necessity , to marry one another : and coud wish a further severity of punishment were inflicted upon adultery by the state , since 't is so much neglected by the church . it woud also be of great and public advantage , that all marriages were celebrated openly in the church , according to the canon or rubric , and the banes three several sundays or holy-days first published ; but if this must be stil dispensed with , that then all dukes and marquesses , and their eldest sons shoud pay twenty pound , all noblemen and their eldest sons fifteen pound , every knight and his eldest son seven pound ten shillings , every gentleman or others five pound , to the king as a public tax for such license , over and above the present establisht fee in the consistory court. that if all children may not be baptized openly in the church , the births of all even of the non-conformists , may be duly registred ; the knowing the exact numbers of the people woud be of great advantage to the public-weal , and conduce to many good and noble purposes , which ( for brevity sake ) i omit to mention . this course may perhaps prevent many inconveniences that young men and women bring upon themselves and the public : and since the concubitus vagus is acknowledged to hinder procreation , the restraint thereof wil be one means of advancing trade , by adding more people to the common-wealth , which perhaps in the following particulars you wil find to be the greatest occasion of its decay : an inconvenience by all possible means to be removed ; for that trade is the support of any kingdom , especially an island , enabling the subjects to bear the taxes , and shewing them wayes of living more agreeable than those of the savage indians in america , whose condition is but few degrees distant from that of brutes . since then it is so necessary , it deserves the parliaments best care , to restore it to what it has been , or make it what it shoud be . the first thing to be don is , the erecting a council or committee of trade , whose work shoud be to observe all manner of things relating thereunto , to receive informations of all trades-men , artificers and others ; and thereupon make their observations ; to consider all the statutes already made , and out of them form such bil or bils as shal be more convenient , and present them to the parliament to be enacted . there are already many discourses publisht● som of them woud be worth their view , and did they sit constantly , many would bring their remarks , and i my self shoud be able to give som notions on this subject , which for want of time i cannot now give you . the two great principles of riches are land and labor ; as the later increases , the other grows dear ; which is no otherwise don , than by a greater confluence of industrious people : for where many are coop'd into a narrow spot of ground , they are under a necessity of laboring ; because in such circumstances they cannot live upon the products of nature , and having so many eyes upon them they are not suffer'd to steal ; whatever they save of the effects of their labor , over and above their consumption , is call'd riches ; and the bartering or commuting those products with others is call'd trade : whence it follows , that not only the greatness of trade or riches depends upon the numbers of people , but also the deerness or cheapness of land , upon their labor and thrift . now , if trade be driven so , that the imports exceed in valu the exports , the people must of necessity grow poor , i. e. consume the fundamental stock , viz. land and labor , both falling in their price . the contrary course makes a kingdom rich. the consequence is , that , to better the trade of england , the people ( which wil force labor ) must be increas'd , and thrift incouraged : for , to hope for a vast trade where people are wanting , is not only to expect bric can be made without straw , but without hands . the great advantage a country gains by being fully peopled , you may find by the following observation , viz. that the valu of the labor is more than the rent of the land , and the profit of all the personal estates of the kingdom , which thus appears . suppose the people of england to be six millions , their annual expence at twenty nobles , or six pound thirteen and four pence a head , at a medium for rich and poor , young and old , wil amount to forty millions ; and , if wel consider'd , cannot be estimated much less . the land of england and wales contain about twenty four millions of acres , worth one with another , about six and eight pence per acre , or third part of a pound ; consequently the rent of the land is eight millions per annum . the yearly profit of all the peoples personal estate is not computed above eight millions more ; both together make sixteen millions per annum ; this taken out of the forty millions yearly expence , there wil remain twenty-four millions , to be supply'd by the labor of the people ; whence follows , that each person , man , woman and child must earn four pound a year ; and an adult laboring person double that sum ; because a third part or millions are children , and earn nothing ; and a sixth part or one million , by reason of their estates , qualities , callings or idleness , earn little ; so that not above half the people working , must gain one with another , eight pound per annum a peece ; and at twenty years purchase , wil be worth eighty ponnd per head. for , tho an individuum of mankind be recon'd , but about eight years purchase , the species is as valuable as land , being in its own nature perhaps as durable , and as improveable too , if not more , increasing stil faster by generation , than decaying by death ; it being very evident , that there are much more yearly born than dye . whence you may plainly perceive , how much it is the interest of the state , and therefore ought to be their care and study , to fil the country with people ; the profit woud not be greater in point of riches , than in strength and power ; for 't is too obvious to be insisted on , that a city of one miles circumference and ten thousand men , is four times stronger and easier defended , than one of four miles with double the number . now , there are but two ordinary wayes of increasing the people ; that of generation , and that of drawing them from other countries : the first is a work of time , and tho it wil not presently do our business , yet is not to be neglected ; i have shewn how it may be hasten'd by obliging to marriage , and more might be added , by erecting hospitals for foundlings , after the manner now used in other countries , and practised with great advantage in paris , by the name of l'hostel pour les enfants trouves ; where there are now reckon'd no less than four thousand . this in all parts of england , especially london , woud prevent the many murders and contrived abortions now used , not only to the prejudice of their souls health , but that of their bodies also , and to the general dammage of the public ; this woud likewise be an encouragment to the poorer sort to marry , who now abstain to prevent the charge of children . strangers are no otherwise to be invited , than by allowing greater advantages than they have at home ; and this they may with more ease , receive in england than in any part of europe , where natural riches do much abound , viz. corn , flesh , fish , wool , mines , &c. and which nature has bless'd with a temporature of heathful air , exceeding al northern , and not inferior to most southern countries ; has given it commodious ports , fair rivers and safe channels , with possibilities of more , for water carriage ; these , with what follows , woud soon make england the richest and most powerful country of the world. naturalization without charge , plain laws , and speedy iustice , freedom in all corporations , immunities from taxes and tols for seven years , and lastly , liberty of conscience ; the restraint of which has been the greatest cause at first of unpeopling england , and of it s not being since repeopled ; this drove shoals away in queen maries , king iames , and king charles the first 's dayes ; it has lost the wealth of england many millions , and bin the occasion of spilling the blood of many thousands of its people . 't is a sad consideration , that christians shoud be thus fool'd by obstinat religionists , in whom too much stiffness on one side , and folly and perversness on the other , shoud have bin equally condem'd , being indeed the effects of pride , passion or privat interest , and altogether forrein to the bus'ness of religion ; which , as i have already told you , consists not in a belief of disputable things ( of which if either part be tru , neither are to us necessary ) , but in the plain practice of piety , which is not incompatible with errors in iudgment . i see not therefore , why the clergy shoud be wholly heark'nd to in this affair , since 't is really impertinent to the truth of religion ; and i dare appeal to all the sober understanding and considerative men of the church of england , whether the opposition of this be not wholy founded upon interest , which being but of particular men , ought not nor wil not ( i hope ) weigh more with the parliament , than that of the public , which is so highly concern'd in this matter . and tho it may be objected , that as affairs of religion now stand , none need leave england for want of toleration ; yet certain i am , without it none wil return or com in a-new . and if our neighbors thrive , and increase in people , trade and wealth , we continuing at a stay , or growing stil poorer and poorer , by that means rendred unable to resist a forrein power , are like to fal into such hands , as wil force us to worship god after the way which almost all of us now cal heresy , and many idolatry . which induces me to conclude , that nothing , but inconsideration , can move even the clergy to oppose this thing , on which their own as wel as the safety of all others do's so very much depend . but in regard the defects of trade can't presently be supply'd by bringing in more people , because a work of time , it is necessary to make those we have useful , by obliging the idle and unwilling to a necessity of working , and by giving the poor that want it a ful imployment : this wil in effect be a great increasing of the people , and may be easily compass'd if work - houses be erected , in several parts of the kingdom , and all persons forc'd into 'um , who cannot give a satisfactory account of their way of living ; this woud prevent robbing , burglary , and the cheats of gaming , counterfeiting of hands , mony clipping , &c. by which our lives and fortunes woud be much better secur'd ; this woud put men's wits upon the rack , hunger which eats thro stone-wals , woud make them in getting their livings by the sweat of their brows , masters of arts ; a degree perhaps more useful to the common - wealth , than those of the university . this woud put them upon the invention of engines , whereby their labor woud not only becom more easy , but more productive of real advantages to the whole ; rendring the poet's fable of briareus his hundred hands , a certain truth ; one man doing more by an instrument , than fifty or a hundred without it . wit wil , thus in som measure , make amends for the want of people ; yet so dul and ignorant , so insensible of their own good are the vulgar , that generally instead of being pleas'd , they are at first almost implacably offended at such profitable inventions . but it appears , the parliament had another sense of things , in that they allow'd the advantage of fourteen years to the inventor : which law , with submission , might be alter'd to better purpose , if instead of a fourteen years monopoly , som reward out of the public stock were given to the ingenious . that the many supernumeraries in divinity , law and physic with which the kingdom ( especially london ) swarms ; all mountebancs and pretenders to astrology , together with the supernumeraries in all manner of retailing trades ( even the trade of merchandizing has too many hands ) especially all pedlers or wanderers , that carry their shops on their backs , lap-women , &c. who contribute little or nothing to the charge of the state ; be par'd off and made useful to the public ; to which , by the vast increase of these , and the great number of idlers and beggars , not above two thirds even of the ordinary sort can be lookt upon as bringing in any real advantage ; the other third , but like droans , living on the labor of the rest . and to speak more freely , 't is unreasonable and impolitic , especially in a great and over-grown city , to suffer any retail-trades to be manag'd by men , when women , with the help of a few porters , about the most cumbersom things , may do it much better ; they wil invite customers more powerfully than men can , and having nothing to do in the way of their shop-trades , wil not be idle , their needles employing them ; while the men perhaps , from two , three or four , to seven lusty young fellows , sit idle most part of their time , with their hands in their pockets , or blowing their fingers ; few of these sort of trades finding one with another , above two hours work in the whole day : the men woud study som more beneficial employments ; and the women having by this means somthing to do , woud not as now , induc'd by idleness , more than want , be occasions of so much wickedness and debaucheries , to the general prejudice of the common-wealth , and the particular ruin of many good families . to set on foot the fishing trade , and to allow to all such as wil undertake it , strangers or natives , the same benefits and priviledges i have mention'd for the bringing in of the former ; and i think , if beyond that , houses were built for them in linn , or yarmouth , &c , at the public charge , rent-free for seven years , every man woud say , it were for the general good , who considers that this trade is the only basis of the grandeur and power , that the states of holland are no less lords of , in europe , than in the east-indies ; to which it has rais'd 'um in less than an hundred years , from the poor and distressed states , to be one of the richest and mightiest of the known world : this i coud at large make appear , but that it having bin don already , with the want of time , hinders me . i wil only say , that holland has not the tenth part of those natural conveniences for effecting this , england , scotland or ireland have . that the same encouragements be given to all such , whether natives or forreiners , that shal joyntly carry on the particular manufactures of iron , tinn , earthen-ware , and linnen , &c. in the last , at three shillings four pence an ell one with another , is reckon'd consum'd by us above six hundred thousand pound ; all which might be sav'd and the poor set at work , by promoting that trade within our selves . to restore the woolen manufactures almost decay'd , and to take the same care in that , and all other , as the dutch have don in that of the herrings ; the neglect in this has been a main reason , that our cloathing-trade is much lessen'd ; reputation in commodities is as necessary , as in the venders : which makes the dutch , even at this day , put on english marks , and thereby for the antient credit ( now in a manner lost ) ours were in , they have gain'd for their own manufactures the markets we want . the decay of our cloathing-traffic has been occasion'd by several accidents ; one , and no final one , is that of companies , which indeed are as much monopolies , as if in one single person ; they ruin industry and trade , and only to enrich themselves , have a liberty , by which they impoverish the rest of the common-wealth . whatever reason there was for first erecting them , viz. to begin or carry on som great undertaking , which exceeded the power of particular men , there appears less or none now for their continuance . the enjoyment of liberty and property requires that all subjects have equal benefit in safety and commerce ; and if all subjects pay taxes equally , i see no reason why they should not have equal privileges . and if part of those taxes be impos'd for guarding the seas , i do really believe it woud be more advantage to the king , to send convoys to the east-indies and to guinea , with any of his subjects trading thither , than to allow these two companies the sole benefit of ingrossing those trades ; tho i think no others , but they , being at considerable charge and expence , ought to be continu'd . and since the east-india and african companies , especially the first , impose what rates they please upon their commodities , why shoud not they pay , for that power of taxing the subject , a considerable present proportion for carrying on the war , and a yearly round sum to the state , to ease the rest of the people , who are debar'd those advantages ? in my opinion , gratitude to the king , as wel as iustice to the subject , shou'd invite them to give a considerable standing yearly revenu to the crown . this may be policy too ; for then perhaps , they need never fear their dissolution , notwithstanding the clamors and many mouths now open against them . but if it shal be not thought fit , to take away all companies , why shoud it not be lawful once a year for any one , that pleas'd , to be made a member , paying in his quota ? this , i confess , woud make it useful to the public , because the trade woud be manag'd by fewer hands , consequently to more profit , and every one being concern'd , there coud be no complaint . but whatever is don in point of trade , particular corporations of artificers ought to be broke ; they , as now manag'd , are incouragements to idleness , impositions upon the rest of the people , and an unreasonable enslaving of apprentices , who in three years , for the most part , may be as wel masters of their trade , as in seven : but the advantage is , that when they com to set up for themselves , they commonly turn gentlemen , and cannot afford to sel a cabinet under fifteen pound , because they must eat wel and drink wine ; tho they own a dutch-man or a frenchman , that does not so , may afford as good a one for twelve pound : this of the cabinet is a late and a true story , and to my own experience , 't is the same in most , if not all other trades . the fish-monger's company is of all others , the greatest nusance to the public , to the most useful part thereof , the poor artificers and laborers ; i was credibly inform'd at my last being in london , by two substantial citizens , that they throw part of their fish away , to inhaunse the valu and price of the remainder . that for these , and many more reasons i coud give , it were convenient , that every city and town corporate consisted but of one company , into which , without charge or formalities of freedom , every man native or alien , ought to be admitted , that payes his propotion of taxes and assessments . and in order to the bringing in forreiners , our native unmanufactur'd commodities ought to be strictly prohibited to other countries ; more particularly that the exportation of wool from england and ireland be restrain'd ; which wil be better don by imposing a vast duty upon it , as of thirty or forty shillings a stone or tod , than by making it felony ; adding over and above great pecuniary mulcts , if shipt without payment of duty ; if this were enacted , many woud turn informers , who now out of tenderness of mens lives , forbear the discovering this injurious practice ; for prevention whereof , great care ought to be taken ; since the vast quantities of wool exported from england and ireland into france and holland , have in a manner destroy'd the great staple of england , the woolen-manufacture , lower'd the rents of land , and beggar'd thousands of people . by this the dutch and french are inabled to make useful both their own and spanish wools , which woud otherwise be insignificant and ineffective of any considerable purposes ; one being too fine , the other too course , without mixtures of english or irish wool. those , by greater labor and frugality , who heretofore were furnisht by us , do now not only supply themselves , but also undersel us abroad ; and as if that injury were too little , we are content , by wearing their stuffs , to give them an opportunity of undermining us at home . if you consider these things seriously , you wil with me be perswaded , 't is not the great increase of wool , in england and ireland , that makes it a drug , but the practise of carrying it abroad ; and our not being satisfi'd to ape and mimic the french modes , but further to wear their stuffs , tho far inferior to our own . i have heard it demonstrated , by knowing men , that it woud be englands great interest , to work up all their own and irish wool , tho they shoud afterwards burn it when in stuffs and cloth ; and i am convinc'd their doing so one year , woud not only maintain the poor and habituat them to labor , but be as great an advantage in the sale of that manufacture , both at home and abroad , for the future , as the burning part of their spices , is to the dutch. but i am of opinion there woud be no need to burn any , for that which is now useful in wool , woud not be less so in cloth. i have seen a computation by which it appears the working up all our own and irish wool , which england can do to better purposes than a part , while the remainder is transported to other countries , woud be many millions in the wealth of the people , and as many hundred thousand pounds sterling in the kings coffers . for if we kept this commodity at home , we shoud not only give a ful employment to our people , but necessitat those who now in france and holland maintain themselves by this manufacture , so soon as their stocks were spent , to find new arts of living , or else convey themselves hither , which of the two , is certainly the most probable . thus we shoud doubly increase our wealth and our people ; the latter by consequence raising the rents and valu of lands , in duplicat proportion ( as i coud demonstrat ) to what they now yield . for a short instance observe , that if there be a thousand people in a country , the land whereof is worth a thousand pound per annum ; and at twenty years purchase twenty thousand pound . if they be encreas'd half as many more , or to one thousand five hundred people , the rent of the land wil likewise be half as much more viz. one thousand five hundred pound , and the number of years purchas not only twenty , but half as many more , viz. in all thirty ; which makes the valu of the inheritance amount to thirty times one thousand five hundred or forty five thousand pound . the reason of which is founded on this undeniable maxim , that land is more or less valuable , as it is more or less peopl'd . when heretofore all the wool of england was manufactur'd in flanders , it yielded but six pence a pound ; but soon after the restraint of it in edward the thirds time , the manufacturing all at home , rais'd it to eighteen pence a pound , and brought in to the kingdom great numbers of flemmings and walloons . to incourage this further , all persons whatsoever shoud wear nothing but stuff and cloath of our own make ; the ladies to have liberty to wear silk but in summer . i am told that within these six months , to encourage a woollen manufacture newly set up in portugal , no man , native or stranger , is suffered to appear at court in any other . that useful neglected act , of burying in woollen , shoud be strictly put in execution ; not prohibiting the people , if they wil be so foolish ( but probably a little time wil make them wiser , than ) to throw away linnen too , which if they woud make at home , might be the more tolerable : the way i conceive by which it may be easily don , is , to injoyn the minister under penalty of deprivation , with allowance of mony to the informers , not to bury any one , whose corps or coffin , they do not see cover'd with flannel . and since death is said to be the sister of sleep , or rather since sleep is the representation of death as our beds are of our grave , or indeed , that death is but a very long night , if we shoud not only bury , but ly in flannel sheets , at least the long cold winter nights , i have bin assur'd by our old friend — that this practise , after a little use , woud be found no less for the health , if not som voluptuousness of our natural bodies , than the other woud prove for the body politic ; and i am the more induc'd to believe this assertion , because physitians prescribe flannel shirts to som persons for their health ; i am certain the more ways are found for the consumption of this manufacture , the richer our country woud grow , by lessning the use of forrein linnen , so greatly advantageous to our neighbors of france ; whom we love so dearly , that we study how to serve and enrich them , tho to our own impoverishment and ruin. besides this course , not a lock of wool shoud be permitted into the islands of iersy , guernsey , aldarney or sark ; under colour of what is allow'd , they are enabled , to supply their own occasions , and carry much more ( of which i am wel assur'd ) to france ; which reaps the benefit of the great industry of those populous islands ; to make them beneficial , at least not hurtful , to england , is to deny them wool ; if that woud bring the people thence into this country , it wil prove a double advantage . and lastly , i think the only certainty of keeping our wool from forreiners , is to erect a company by the name of state merchants , or oblige the east-india company , whose stock and credit wil enable them with ease , to buy up at good rates yearly , all the wool of england and ireland which manufactur'd at home , woud bring them in a little time , as profitable returns , as those from bantam , &c be many millions in the riches of the people , by raising the rents , &c. an● hundred thousands in the kings ex●chequer , employ thousands of our poo● now starving , and invite in many o● other nations to the great encrease of our strength and wealth , and so prove no less a particular than an universal good . that all forestallers , regrators and higlers be prevented , who now doe as much mischief to the city of london , as formerly purveiance did the kingdom . that the present confus'd business of weights and measures , which appears by many statutes to have bin the care of our ancestors , be fully ascertain'd and adjusted . and because this does greatly tend to the regulation of trade and administration of iustice , it were convenient particular persons were impower'd , who shoud receive complaints and correct abuses , in those and all other penal statutes referring to trade , by some more speedy course than that of information or indictment , &c. that no particular person or incorporations have any places priviledg'd against the kings writs . that the parliament woud be pleas'd to redress the great obstruction of iustice by protections , of which no less than sixteen thousand are said to be given in and about london . i am perswaded that either the report is a mistake , or that the member's hands are counterfeited ; for 't is very unreasonable to believe , the makers of our laws woud prevent their execution ; but be the case one way or other , the evil may be easily remedyed by the members registring the names of their servants in the house , at the beginning of the sessions and upon the alteration of any . that all manner of courts in corporations , whether by grant or prescription , be taken away , because of the many abuses dayly committed : and in every corporation a court of merchants erected , for the quic dispatch and determination of all controversies relating to trade and commerce ; every man to be oblig'd to tel his own story , without charge or the assistance of atturneys or lawyers . the iudges to be annually chosen five in number , together with two registers , one for the plaintif , the other for the defendant , out of the most experienced and best reputed citizens , or tradesmen ; no salary or fee to be paid to iudge or officer . to retrench , by sumptuary laws , the excessive wearing forrein silks , embroideries and laces ; to prohibit absolutly the use of silver and gold-lace , gilding or lackering coaches , &c. when riches are thus not so much us'd as abus'd , 't is no wonder they do not only moulder into dust , but take wing ( in solomon's phrase ) and fly away : our wiser neighbors in france and holland prevent this evil : the first make a shew , but at an easy and cheap rate ; the later leave off their cloaths , because they are worn out , not that they are out of fashion : our contrary practice in imported commodities make us complain , that trade is decaying ; in which our folly has made us a by-word among the french , as a people that consume our all on the back and the belly ; and if none spent more , the mischief were but particular ; but many are not contented to run out their own estates , but resolve to have the pleasure of undoing others for company . so long as we indulge our selves in this vanity , we may indeed have the satisfaction ( if it be any ) to talk of mending trade : but in spight of our chat , it wil stil decay , we shal buy and sel more and more , and yet live by the loss , til at last we are wholy broke . how long that wil be a doing , we may guess by the fal of the rents and valu of lands , not to be avoided while the ballance of trade is so much greater on the imported side than the exported . the way to make us rich , is to manage our trade in the same manner it was don in edward the thirds time ; to make the proportion of our exports , exceed our imports , as much as they then did ; by an account taken in the seven and twentyeth year of that king ( as cotton sayes ) our exported commodities amounted to pound , the imported but pound ; so that , the kingdom got clear in that year pound : by which it appears , that our present trade is about thirty times greater than it was then , tho we complain of its fal : 't is our own fault , we are so imprudent as to consume more of forrein goods , than we sel of our own ; this i am convinc'd we do in our french trade , 't is wel if we do not likewise play the fool in others . by the way , you may observe , that if we woud but moderate our expences , we might very wel bear our taxes , tho they were near thirty times greater than in that kings reign , even with allowance for the alteration of coyn. that the exportation of mony in specie , is so far from being a loss to the kingdom , that it may be gainful , as it is to legorn and other places : that tho we did not export any coyn , yet we shoud not be the richer ; since the over-ballance woud stil lye as a debt upon our trade , which it must somtime or other pay in that or another commodity , or otherwise break. and that the council or committee of trade may find out the wealth of the kingdom , which woud serve to many good purposes , by making a yearly account of the goods imported and exported ( best known by the customs , and has been calculated by a friend of mine in another country ) these ought at least every seven years to be reviewd , ( supposing the life of commodities not longer than that of man ) . and , according to their alterations of usefulness or necessity , to our selves or others , the impositions to be chang'd . and here i must take leave to assert , that all imported commodities are better restrain'd by the height of imposition , than by an absolute prohibition , if sufficient care be taken to oblige the importers to a ful and strict payment ; for this woud be a kind of sumptuary law , putting a necessity upon the consumer , by labor to enlarge his purse , or by thrist to lessen his expence . and i am the more induc'd to this , by my observation , that notwithstanding the several acts , prohibiting the importation of many forrein commodities ; yet nothing is more worn or us'd , especially the french , in which trade , if the over-ballance ( which is said to be above pound ) were loaded with the charge of eight shillings in the pound , it woud make the consumption of those commodities pound dearer ; and if that woud not restrain our folly , it woud help to ease us in the public taxes ; whereas now they are all imported without any other charge , than what is paid for smuckling , to tye up the seamen's tongues , and shut officers eyes . to prevent this , it were fit , that men were undeceiv'd of the notion they have taken up , that the law do's allow 'um their choice , either to pay the duty , or the penalty if taken ; which sure cannot be the end of any law , which designes obedience and active compliance with what it injoins , not a disobedience or breaking what it positively commands . if penal statutes be only conditional , then the traitor , the murderer or the thief , when he suffers the punishment of disobedience , may be cal'd an honest man , and in another signification than that of the scotch phrase , a justify'd person . but the idle and unwarrantable distinction of active and passive obedience has don england greater mischiefs . the revenu acts give not the same liberty , that those acts do , which oblige the people to go to church , or to watch and ward under pecuniary mulcts . in these a power of choosing was designedly left , which by many circumstances appears otherwise intended by the other . and indeed , the practice is not only unjust , but abusive to the whole body of the people , who pay as dear for what they buy , as if the duty had bin paid to the king , not put up in a few privat mens pockets . it may likewise hinder trade ; for if the smuckler please , he may undersel his neighbor , who honestly thinks , 't is a cheat and a sin , not to give caesar his du : therefore , a seal or som privat mark shoud be contriv'd , for all sorts of commodities , and power given to seize them when and where-ever met , in merchants , retailers or consumptioners hands . and to prevent the passing forrein commodities , as if made at home , for which lest any of these last shoud pass , they shoud in the town where they are made , or expos'd to sale , be first mark'd or seal'd , in an office purposely erected , without any delay or charge to the people . that , that part of the act of navigation be repeal'd , which appoints three fourths of the mariners to be english : why not scots , irish or any of the kings subjects , or even forreiners , so the ships do really belong to owners resident in england ? we want people , therefore ought to invite more , not restrain any . this act is a copy of that made by the long parliament and their general , the usurper , who being in war with scotland and ireland in rebellion , thought fit to deny them equal privileges in commerce . but this loyal parliament wil , i hope , consider , that the three kingdoms are not to be thus divided in interests , while under one monarch . that his naval power , their joint strength , is increas'd by the growth of shipping in any of ' um . if the sence of this wil not prevail upon them , to allow 'um the same freedoms , yet sure i am , they must from thence perceive , england wil have a great advantage by suffering all the kings subjects of ireland and scotland , to enjoy the benefit of this act. that there be two free ports appointed ; one in the south , another in the north , with convenient rules and limitations that the duty impos'd upon any of our exportations , whether of our own growth or manufacture of forrein materials , be not so high as may either wholy restrain those abroad from buying , or enable others to furnish them cheaper . that education of children in forrein parts in colleges or academies be prohibited , and provision found or made at home for teaching languages and the exercises of rideing , fencing , &c. that banks and lombards be speedily erected ; this in a little time woud make a hundred pound to be as useful to the public , as two hundred real cash is now . but in order thereunto , let there be a voluntary registry of land , &c. which in a few years wil raise their valu considerably . by this way no man indebted or whose estate is incumbred is obliged to make discoveries . yet if he has but half free , the registring of that , wil the better enable him to discharge the other part . if a registry must not be obtain'd , that , at least , the selling or morgaging over and over , secret conveyances , deeds of trust or any other trics , by which the lender or purchaser is defrauded and abus'd , be made felony , without benefit of clergy ; and the cheating person oblig'd to pay the sufferer treble dammage , and as much more to the public . this , which certainly , all honest men judg as reasonable , as what is practis'd for far smaller evils or offences , wil , without any innovation in the laws , or other alleg'd inconveniences to the people , secure us in our rights , and perhaps answer al the ends of a registry ; of which , tho very convenient , i am not so fond , as to think or believe , it wil so suddenly , or to that height , as is said , raise the rents and valu of lands ; to this it can contribute but by accident , as it invites strangers into the kingdom ( for i have already told you , that the greater or smaller number of people is the only tru cause of the dearness or cheapness of land and of labor or trade ) yet even this it cannot do , without abolishing the law , disabling aliens to purchase and hold before naturalization , necessary without dispute to be immediatly taken away . nor woud it a little contribute to the general good , that all merchants and tradesmen breaking shoud be made guilty of felony , their goods to the creditors , if they did not plainly make appear , by their true books , their losses and discover what ever they have left , and without the unjust and cunning artifices of composition , give way for an equal divident among the creditors . and that the many abuses of the kings bench prison be reform'd , which , as now manag'd , is made a santuary and place of refuge and privilege , for all knaves that desine their own privat interest , to the ruin of others , whose confinement is no narrower than from the east to the west indies . that all bonds and bills obligatory , statute merchants and of the staple , recognisances , iudgments , &c. be enacted transferable and by indorsement to pass as current as bills of exchange , and made recoverable by a shorter course of of law , than now practis'd . that is to say , that upon actual proof of the perfecting and last assigning of the deed , iudgment and execution be obtaind . this wou'd wonderfully enliven trade , make a new species of coyn , lower interest , secure in a great measure dealers from breaking , and find mony to carry on the trades of fishing , linnen , woollen , &c. that til the propos'd regulation of the laws can be effected , to avoid the trouble and charge of iuries in many cases and other unjust vexations , the meets and bounds of the denominations of all lands , mannors , parishes , commons , hundreds and countyes , all prescriptions , usages and customs , and the iurisdictions of all inferiour courts be fully inquir'd into , and truely registred in one book or books ; copies to be printed and the original to be and remain of record , as the doomsday book in the exchequer : by which all disputes concerning the premises may be speedily and cheaply decided . there are but two objections against this public good , and were they unanswerable , yet since they are but particular and selfish considerations , they ought not to take place ; the first is , that the useful and laudable calling of the lawyers , wil be prejudic'd . the next , that , the many , who now live upon credit , wil be undon . as to the first , by this work the present lawyers wil be so far from suffering , that for ten years to com rather than lessen , it wil increase their business ; which according to the ordinary computation of mens lives , or their hopes of being promoted , wil be a greater advantage to them , than if things continu'd as they are : and for those , who propose to themselves this way of living , there wil be stil grounds enuff for the practtise of som and many new imployments for others . so that if these gentlemens present great practise woud give them leave to look forwards , they woud find they are more scar'd than hurt . as to the second sort , who likewise believe they may be damnifi'd , that fancy wil also vanish , if it be consider'd , that it wil enlarge rather than destroy credit . for we wil suppose , that a young merchant or tradesman , who has . pound stock , does not trade for less than . pound , the merchant that sells him the commoditys upon the belief of his being honest , industrions , prudent and sober , gives him credit , and takes his bond payable at a certain day ; this person , that he may be able duly to discharge his obligation , in like manner , trusts another , whom he supposes able and honest ; for all receive credit as they really are or appear such ; as soon as his bond becomes du , he takes up his own , and gives that he receav'd to his creditor , who perhaps gives it to another to whom he is indebted ; at last the mony is call'd for , from the country gentleman ; the country gentleman gives him an assignment on his tenant , who either is or is not indebted ; if the tenant owes the mony , he payes it in specie , or assignes him upon som merchant , for the valu of commodities sold him , the fond enabling him to pay his land-lords rent ; and thus perhaps by a circulation of traffic , for all men from the highest to the lowest are one way or other merchants or traders , the first man is pay'd with his own paper : if the tenant does not ow the land-lord the mony , and therefore wil not pay , the land-lord is immediately necessitated to sel or morgage som part of his estate ; which if he refuse , the law forces him , and the credits of the rest are secur'd . the consequences are plainly these ; that men must be careful , with whom they deal ; that they must be punctual & thrifty , lest they first lose their credit , and afterwards becom beggars : for , he that rightly considers , wil be convinc'd , that every man in a society or common-wealth , even from the king to the pesant , is a merchant , and therefore under a necessity of taking care of his reputation , not seldom a better patrimony , than what descends to us from our parent 's care. that by this practice , the kingdom wil gain an inexhaustible treasure ; and tho there were not a hundredth part of the mony , be able to drive ten times a greater trade , than now it does . a man thus enabl'd , to live and trade without mony , wil be in no need of running-out his principal in interest , by which too many for want of consideration , are insensibly undon , involving many more in their ruin. without these , or som other new courses , you may be assur'd , that our trade , consequently our power , wil every day decay , and in a few years com to nothing . but som imagin , that we need not trouble our selves in this matter , it wil shortly fal in of course to our country ; for that as learning took its circuit thro several parts of the world , beginning at the east , so must trade too : but who-ever believes this wil com to pass without human means , labor and art , entertains wrong notions of providence . i do believe the great wheel is always in motion ; and tho there be a constant circumgyration of things , yet 't is idle to fancy , that any thing , but troubles or war , oppression or injustice , wit or industry makes trade or learning shift their places in the same country , or alter their abode from that to any other . if we look into histories , we shal find these have bin the causes of their migration ; and that trade and learning , usually go hand in hand together . having already asserted , that trade and commerce are to be improv'd and carry'd on , the more vigorously , by how much the more labor and thrist are increas'd ; and that the making idlers work , is in effect , an increasing the people : and that all such shoud be forc'd into several work-houses , which tho the parliament has taken into consideration , yet for want of stock , is not hitherto put in any forwardness , i wil now give you my thoughts , how this may probably be brought about , with little or no charge , but to such only , as upon prospect of advantage , do change the scenes of their lives , as by marriage , imployments , callings , &c. or by assuming new titles and degrees of honor ; and consequently as their respective proportions , or payments are here propos'd , they cannot account them burdensom or grievous . to perfect this , i think it necessary , that all hospitals , alms-houses and lands for charitable uses , be sold , & more stately and convenient ones erected ; into which , none but diseased persons , or others perfectly unable to earn their living , shoud be receiv'd . and to the end they might the sooner be restor'd to health , a convenient number of physitians , nurses and tenders ought to be appointed , and sufficient salaries establish'd ; england , to her great shame , is in this instance , much behind her neighbors of france and holland ; in the practice of which , i know not whether there be more of charity , or of policy , of heavenly or of earthly interest . that the several directions of the act , for raising a stock , be strictly put in execution . that all fines for swearing , drunkenness , breaches of the peace , felons goods , deodands , &c. for a certain number of years be converted to this use ; this woud bring in twenty times more than is now receiv'd on these accounts and may perhaps prevent the late much practis'd trick of finding all felo's de se mad . that all contributions for maintenance of the poor ( which are so considerable , that i have bin told , in som single parishes in london , they amount communibus annis , to five thousand pound a year ) be added to this stock . and that it be further enacted , that every man at his admission to freedom , pay one shilling ; upon marriage , what he thinks fit above one shilling . every clergy-man at ordination , ten shillings , at instalment into any dignity , twenty shillings ; arch-deacons , three pound ; deans , five pound ; bishops , ten pound ; arch-bishops , twenty pound . gentlemen upon admittance into the inns of court , ten shillings ; upon their being call'd to the bar forty shillings ; when made serjeants , or king's council , five pound . every man upon admission into the inns of chancery , three shillings four pence ; when sworn attorney , ten shillings . lord high chancellor , keeper , lord high treasurer , and lord privy seal , twenty pound . chief iustice , chief baron , chancellor of the exchequer , master of the rolls and atturney general , twelve pound a piece . every of the other iudges and barons , the sollicitor-general and the six clerks , ten pound a piece . the masters of chancery and other officers not nam'd in that or other courts , any sum not exceeding six pound a man , as shal be thought convenient , by the respective iudges . all knights , five pound ; baronets , ten pound ; barons , vice counts , earls , twenty pound ; dukes and marquesses , fifty pound . all aldermen of london , twenty pound ; of other cities and corporations , three pound . mayors , ten pound . all masters of arts in universities , twenty shillings . doctors of law and physic , forty shillings ; of divinity , four pound . heads and masters of colleges , five pound . all executors and administrators , that undertake the charge , two shillings . all persons entring into estates , either by descent or purchase , one shilling , over and above one shilling , for every hundred pounds per annum of such estate . that every sunday , there be collections in all churches of the kingdom , which with what shal be receiv'd at the communion , are to be thus appropriated : and that all street , door , and other charitable doles , in broken meat or mony , as the great encouragements and chief occasions of idleness and vice , be forbid under severe penalties ; that briefs be issued thro the kingdom , for voluntary contributions ; that the names of such as shal be eminently bountiful , be convey'd to posterity , by placeing their coats of arms , and registring their munificence in the respective work-houses of the city , corporation or county , where they live . i do not doubt , but in a very short time , a stock woud be thus rais'd , sufficient to imploy all the idle hands in england . and tho i believe , that after a little while , there woud be no need of using art , or severity in bringing people into these nurseries of labor and industry : the sweets of gain and trouble of idleness , which certainly is not the least of toyls to such as have bin inur'd to labor or business , being of themselves strong allurements ; yet to lay the first foundation with success , i conceive it necessary , that both men and women , who have no visible ways of maintenance , criminals of what quality soever , punish'd as before in the discourse of laws , the children taken out of the foundlings hospital , as soon as able to do any thing , be all sent to these work-houses . that the great numbers of people going out of this kingdom , scotland and ireland , to other parts of europe , be restrain'd , and none be spirited into the west-indies , or suffer'd to go abroad , unless to trade . that such as by infirmity or age are absolutely disabled , among which neither the lame nor the blind are to be reckon'd , be maintain'd and confin'd within the public hospitals . that every constable , in whose ward or precinct any beggar is found , forfeit twenty pound ; and the person or persons entertaining or lodging any , five pound , to the use of the work - house . that those who are commonly sent to the house of correction , or bridewel , and those found guilty of petty larceny , be sent to the work-house ; for that indeed whipping , the punishment intended for their amendment , does but take away the sense of shame and honor , rendring them impudent and incorrigible in their iniquities . but granting its operation so forcible , as to be able to reclaim them , yet certain it is , that its best effect is , but to hinder them from doing further mischief ; whereas by this course , not only that will be avoided , but a considerable profit redound to the public . to these also shoud be added all prisoners for criminal matters tho acquitted , if by circumstances they appear suspicious ; it being reasonable to conclude som , rogues and vagabonds , tho the evidence required by strictness of law , be not strong enuf to convict them . hither likewise are all to be sent , who for trivial inconsiderable causes , and somtimes out of pure malice , are thrown into prisons , and there forc'd to spend the remainder of their miserable lives ; the exorbitant extortion of fees , and the merciless rage of their enemies , swelling their debts beyond the power , or hopes of satisfaction ; whereby they becom not only useless , but a burden to the common-wealth . and because the benefit of clergy was introduc'd , for the advancement of learning in the ruder dayes of our ancestors , and that there is now no such need , the kingdom being so far from wanting , that it is rather overstockt in every faculty , with such as make learning a trade : and the intercourse of our affairs almost necessitating all others to read and write , i hold it convenient to take it quite away ; not only because useless , but because it is an encouragement to many , to trangress the bounds of the law. that all of what degree or condition soever , men or women , literat or illiterat , convicted of any of the crimes for which clergy is now allow'd , be condem'd to the work-houses for seven years , or pay to its use sixty pounds or more , according to their qualities . by what i have already said , you see i am no friend to pardons ; but if any must still be granted , that then any not a gentleman obtaining one , pay twenty pound , a gentleman forty pound , an esquire sixty pound , a knight-batchellor eighty pound , a baronet or other knight one hundred pound , a lord two hundred pound , a marquess or duke four hundred pound . the eldest sons of every of these to pay equal with the fathers . and in case after all this people shoud be wanting , ireland may furnish yearly , hundreds or thousands of its children ; which will prove not only advantageous for encreasing the wealth of england , but also for securing the peace and quiet of that kingdom ; by making so many of the natives one and the same people with us , which they will soon be , if taken away so young , as that they may forget their fathers house and language . and if , after seven , eight or nine years , when masters of their trade , return'd into their own , or suffer'd to abide in this country . i will not trouble you with recounting in particular , the many advantages that wou'd soon flow thro all the tracts of this land , from this source of industry , if thus supply'd with mony and hands . all trades and useful manufactures of silks , linnen , canvass , lace , paper , cordage for ships , iron , tin , &c. may be there set on foot , and carryed on to a far greater profit , than single men can drive them . in this work-house shoud be taught , the knowledg of arms , and the arts of war , on all festivals and holy dayes ; and the lusty young fellows sent by turns to sea , for a year or two of the time of this their state-apprentiship . by this means the king woud be enabled at any time without pressing , to draw out of this great seminary a sufficient army , either for land or sea-service . the wayes , methods and orders for regulating the several work-houses i coud fully demonstrat , did i not think it needless at present . 't is enuf that i here promise to do it at any time when the great council shall think fit to take this matter into consideration , or when you please to impose your further commands . but give me leave to say , that laying aside all other reformations of the state , this alone woud secure our lives and fortunes , from violence and depredation , not only increase our wealth and power beyond what now it is , but make them far exceed , whatever any of our neighbors are possest of ; and consequently establish a firm and lasting peace at home , and make us terrible to the nations abroad . this great happiness is the wish of every tru english-man , but can only be effected , by the care and wisdom of the king and parliament ; to whom i most passionatly recommend and humbly submit it . i have now at length run thro all the parts , of my uneasy task ; you wil say , i doubt not , very slubberingly ; to be before hand with you , i do confess it ; i never undertook any thing more unwillingly , & therefore have perform'd it , not only il , but carelesly , studying nothing so much , as to com quicly to an end ; which indeed was my greatest labor ; the fields you commanded me to take a turn in , were so spacious , that being once enter'd , considering how short a while you oblig'd me to stay , i coud not easily find my way out again ; which put me to a necessity of running , and the hast not giving me leave to see the rubbs in my way , forc'd me to stumble : what i have don can serve to no other purpose , than for hints to enlarge your better thoughts upon . had these papers bin worthy , i woud have presented them by way of new-years gift ; but that was not my fault ; most of what you meet with here , we have often discoursed with our — you must not read them to any other : for i am perswaded they woud tel you the man was mad : perhaps i was so for writing , but i am sure i have yet madder thoughts , for i do seriously believe all i have here said is tru ; and this to boot , that , the world is a great cheat ; that an honest man , or a good christian is a greater wonder , than any of those strange ones , with which sir h. b. has often entertain'd us . this you are sure of , i have spoken nothing for interest ; i am but a bare stander by , no better , and therefore neither win nor loose , let the game go how it wil. but to trifle no more , i am not concern'd what any think ; i live to my self , not others , and build not my satisfaction , upon the empty and uncertain vogue , or opinion of men ; if i did , i should put into their power , to make me unhappy , when ever they please . to conclude , the result of all i have here said is , that england might be the happiest country in the world , if the people woud be content to make a right use of their power ; that is , to act by the rules of reason , on which their own constitutions are founded : for since they have the power of reforming the old and enacting new laws , in which every man ( the poorest that is worth but forty shillings per annum ) has his vote , no man can be offended , with his own act ; but if he be , the remedy is at hand . so that here every one living according to reason , and that making every man a iudge , all must see to their great comfort , that the interest of the king and people is really one and the same ; that the common good is every single mans ; and that who ever disturbs the public , injures himself ; which is to the whole the greatest security imaginable , and to every privat man a lasting happiness . that the laws are not exact , because the parliament harken to the counsel that , not the lawyers , but their interest dictates ; neglecting to follow that advice , which they may have for nothing , viz. let the counsel of thine own heart stand , for there is no man more faithful unto thee than it : for , a mans mind is wont to tell him more , than seven watch-men , that sit above in an high tower. that is , consult with no man who advises with regard to himself ; which is plain from these words . every counsellor extolleth counsel ; but there is that counselleth for himself ; beware therefore of a counsellor , and know before what need he hath , for he wil counsel for himself ; lest he cast the lot upon thee and sar unto thee thy way is good , and afterwards he stand on the other side to see what shal befal thee . whether this be a prophecy of what the lawyers will do ; or a bare narration of matter of fact , what they daily practise , i leave to every discerning mans iudgment . the short of this , is to advise , that in making of new laws , or in altering or repealing the old , the members trust not the gentlemen of the long robe , unless they promise to joyn the law and the gospel ; to give their advice without mony , or the hopes of gain : and yet if their charity or generosity shoud perswade them to undertake the cause thus in forma pauperis , that they give sufficient security , not to starve it ; that is , not to be back-ward in their giving advice according to conscience , not interest . when this is don , we are not secur'd unless the parliament provide that no infringer of the laws be pardon'd ; that is to say , that equal iustice be distributed , making no distinction between the persons of the highest and the lowest , when their crimes have made them equal . which can't probably be otherwise effected , than by constituting , as is don in venice , a new magistracy of public censors , who shal have inspection into the actions of all the courts of iudicature , and public offices whatsoever ; whose account shal by the parliament be receiv'd as authentic , and make the offenders obnoxious to degradations and pecuniary mulcts , to the satisfaction of the injur'd and a farther overplus to the public , unless in their judgments the accused fairly acquit themselves . that religion , as now manag'd , is made an art or trade to live by , and to enable the professors to abuse the credulous and unwary . that if intrest be not remov'd , and not opinions , but a good life be the character to distinguish real christians , from those who pretend themselves such , we shal never have peace here , nor assurance of happiness hereafter . that in granting liberty of conscience clergy mens advice is not to be harkn'd to , unless they wil resine their livings and dispute only for truth . that toleration is at this time , more especially , for three great reasons absolutely convenient ; first , to unite us at home ; next to enable us now and hereafter to resist the power of france ; this certainly requires all our strength which without union we cannot have : the third and great reason , to advance our trade . that the french are to be stopt in their career ; that to do so , it is necessary , a large and sufficient revenu , for ever ( if it be don wisely ) be fixt and setl'd on the crown , on the state ; i do not say , on the person of the king , for he is indeed , if rightly consider'd , but god's steward , and has so great a share in the trouble , that it is an unresolved question , notwithstanding all his glory and power , whether the roses of the crown make amends for its thornes , and , whether the softness of any lining can ease the weight of the burden he undergoes ; whose nights and dayes are made restless , by the pressures of that mighty care , to which , by the safety of three kingdoms , he is continually sollicited . if half a loaf ( as they say ) be better than no bread , 't is more eligible to part with som , than to expose all to the mercy of an enemy and conqueror ; from whom the greatest favor we can expect , is to becom , not a subordinat kingdom , but an enslaved province . that trade , is to be promoted , by all possible care and diligence , because by that we must be enabled to pay our taxes ; without which , we cannot withstand forrein violence . that trade is to be better'd , by inviting more people into the kingdom and employing all the idle hands we already have : that this is to be effected , by proposing advantages and rewards to strangers ; fit employments , threats and punishments to natives , by ascertaining all , ease and security in their persons , estates and purchases , by an uninterrupted and speedy course of iustice , firmly establishing the three great satisfactory desirables , liberty , property and religion . salus populi suprema lex . from — this th . of ianuary , / . sir , i am , &c. finis . errata . the reader is desir'd , before he runs thro this discourse , to mend with his pen , these few errata's , which are all that alter the sense . in the title page for ( member in ) read member of . p. . to the reader l. . r. unfashionable rigid vertu . p. . l. . r. destructive . p. , l. . r. grace or policy . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. a red sea p. . l. . r. finess . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. claim a greater . p. last line , for ( make ) r. may . p. . l. . r. many many . notes, typically marginal, from the original text notes for div a -e de trinitate lib. . circa finem . epist. isaac . casaub . epist. . pag. . tertull. ad scap. cap. . lactant. lib. . c. . chrysost. homil. . in matth. sulpit. sever. lib. . c. , , &c. athanas. epist. ad solitarios . cod. iust. l. . tit . . de haereticis &c. cod. theod. . . sulpit. sever. lib. . c. . optat. cont. parmen . l. . c. . aug. contra epist. c. , . de gubernet . dei , lib. . pag. . notes for div a -e of the rise and power of parliaments . origin of government . of laws . of the courts of iudicature . of liberty and property . of religion . the interest of england , in refrence to france of taxes . of trade . magister artis ingeniqque largitor venter — an act for turning the books of the lavv, and all proces and proceedings in courts of iustice, into english· public general acts. - - . england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act for turning the books of the lavv, and all proces and proceedings in courts of iustice, into english· public general acts. - - . england and wales. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . with an order to print dated nov. [i.e. ]. caption title. last word of first line of text: "and"; first word of line below initial: "that"; last word of last full line on page: "of". reproduction of the original in the british library. eng courts -- law and legislation -- england -- early works to . law -- england -- early works to . a r (wing e ). civilwar no an act for turning the books of the lavv, and all proces and proceedings in courts of iustice, into english· england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act for turning the books of the law , and all proces and proceedings in courts of iustice , into english . the parliament have thought fit to declare and enact , and be it declared and enacted by this present parliament , and by the authority of the same , that all the report-books of the resolutions of iudges , and other books of the law of england , shall be translated into the english tongue : and that from and after the first day of january , one thousand six hundred and fifty , all report-books of the resolutions of iudges , and all other books of the law of england , which shall be printed , shall be in the english tongue onely . and be it further enacted by the authority aforesaid , that from and after the first return of easter term , which shall be in the year one thousand six hundred fifty and one , all writs , proces and returns thereof , and all pleadings , rules , orders , indictments , inquisitions , certificates ; and all patents , commissions , records , iudgements , statutes , recognizances , rolls , entries , and proceedings of courts leet , courts baron , and customary courts , and all proceedings whatsoever in any courts of iustice within this commonwealth , and which concerns the law , and administration of iustice , shall be in the english tongue onely , and not in latine or french , or any other language then english , any law , custom or usage heretofore to the contrary notwithstanding . and that the same , and every of them , shall be written in an ordinary , usual and legible hand and character , and not in any hand commonly called court-hand . and be it lastly enacted and ordained , that all and every person and persons offending against this law , shall for every such offence lose and forfeit the full sum of twenty pounds of lawful english money ; the one moyety thereof to the use of the commonwealth , and the other moyety to such person and persons as will sue for the same in any court of record , by action of debt , suit , bill , plaint or information ; in which no wager of law , essoign , or other delay shall be admitted or allowed . die veneris , november . . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . the lords and commons assembled in parliament do declare, that by reason of the extraordinary and important affairs of the kingdom, there will be no proceedings this next easter-term ... proceedings. - - england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lords and commons assembled in parliament do declare, that by reason of the extraordinary and important affairs of the kingdom, there will be no proceedings this next easter-term ... proceedings. - - england and wales. parliament. sheet ([ ] p.) printed by edward husbands and thomas newcomb, printers to the commons house of parliament, london : [ ] order to print dated: saturday may , . steele notation: arms de- bars peo-. "easter term at westminster postponed till quinque pasche may. no trials at bar this easter term."--steele. reproduction of original in the folger shakespeare library. eng england and wales. -- parliament -- early works to . courts -- england -- early works to . great britain -- history -- charles ii, - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no the lords and commons assembled in parliament do declare, that by reason of the extraordinary and important affairs of the kingdom, there wi england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms cr diev et mon droit honi soit qvi mal y pense the lords and commons assembled in parliament do declare , that by reason of the extraordinary and important affairs of the kingdom , there will be no proceedings this next easter-term , in the ordinary courts of law or equity at westminster , until quinque pasche , being the twenty eighth of this instant may : and that there will be no trials at the bars in westminster this next easter-term , of which the people of england and wales are to take notice . saturday may , . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published . will : jessop clerk of the commons house of parliament . london , printed by edward husbands and thomas newcomb , printers to the commons house of parliament . an act for continuing the high court of justice. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for continuing the high court of justice. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: thursday the five and twentieth of september, . signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of text. reproduction of the original in the british library. eng courts -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for continuing the high court of justice. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act for continuing the high court of justice . be it enacted by this present parliament , and the authority thereof , that all and every the respective commissioners of the high court of iustice , constituted and appointed by several acts of this present parliament , and now members of that court ; and all and every the powers and authorities of the said high court , with their several limitations and restrictions , shall continue in force until the last day of december next ensuing . thursday the five and twentieth of september , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . an act appointing judges for the admiralty public general acts. england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act appointing judges for the admiralty public general acts. england and wales. sheet ([ ] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : . appointing john godolphin and charles george cock to be judges of the admiralty until december . dated at end: tuesday, july . . ordered by the parliament, that this act be forthwith printed and published. tho. st nicholas clerk of the parliament. steele notation: au- required the. reproduction of original in the henry e. huntington library. eng godolphin, john, - -- early works to . cock, charles george -- early works to . courts -- law and legislation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no an act appointing judges for the admiralty. england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act appointing judges for the admiralty . be it enacted by this present parliament , and by the authority thereof , that john godolphin doctor of the laws , and charls george cock esq be , and are hereby nominated , constituted and appointed iudges of the admiralty . and the said john godolphin and charls george cock , are hereby authorized , impowered and required to hear , order , determine , adjudge and decree , in all matters and things , as iudges of the admiralty , in as full , large and ample maner , as any other iudge or iudges of the admiralty at any time heretofore might or ought lawfully to do ; to have , hold , exercise and enjoy the said office , or place of iudges of the admiralty , until the tenth day of december , and no longer . tuesday , july . . ordered by the parliament , that this act be forthwith printed and published . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . the cause of england's misery, or, a brief account of the corrupt practice of the law humbly offer'd to the consideration of the lords spiritual and temporal, and commons in parliament assembled. collins, richard. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the cause of england's misery, or, a brief account of the corrupt practice of the law humbly offer'd to the consideration of the lords spiritual and temporal, and commons in parliament assembled. collins, richard. p. [s.n.], london printed : . signed at end: richard collins. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lawyers -- england -- corrupt practices. courts -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cause of england's misery : or , a brief account of the corrupt practice of the law . humbly offer'd to the consideration of the lords spiritual and temporal , and commons in parliament assembled . london , printed in the year . england's misery : or , a brief account of the corrupt practice of the law , &c. great complaints have been publickly made , setting forth the wicked practices of the professors of the law , and those who have dependance upon the same , by which i conceive , has been plainly made appear the great calamity of the people , and how thousands of families have consequently been ruin'd thereby . yet notwithstanding the interest of those professing the law , hath been hitherto so great , no care has been taken to redress the same . but finding that few particular instances in relation to fact ( which always makes a greater impression upon the minds of men than a general notion of things ) have been given of matters of this nature ; therefore i conceive my self obliged by the duty i owe to my native country , as well as in order to my own preservation , to give a brief account of the evil usage my self and some friends have met withal from persons professing the law : by which , ( if we judge by the rule of proportion ) the misery of the people in general will manifestly appear . and that according to the present practice of the law , no man is safe , but liable to be eaten up and devoured . there 's none concern'd in merchandice , trade , &c. but must unavoidably have disputes , some of which will consequently beget law-suits , which often times are seen to prove ( as things are now managed ) to be the ruin both of the plaintif and defendant , and many suits appear to be kept on foot only to promote the interest of attorneys , &c. all which evils come to pass principally through the remisness , or rather , gross corruption of the judges , who are intrusted with the executive part of the law , and want not power to check and put a stop to all these evil practices ; which spin out as it were the very bowels of the people . so that we who have been for many ages past , the happiest people in the world ; and even the envy of other nations , are now become the miserablest people in the universe , only for want of our laws being duly executed ; yet lest it should be said i caluminate persons , and am not able to prove matter of fact , i shall give a short relation of several matters , not long since transacted ( some of them very lately ) which i conceive will fully demonstrate what i say , viz. there was a certain person came to my house , to lodge and diet , pretending to be a lady , ( was recommended to me as such ) and in some time , she became indebted to me , by moneys lent , &c. about l . for which she gave me bond ; then i discovered her to be a cheat , upon which she fled from my house , and it was some years before i found her out ; then i arrested her , which begot a law suit , that cost me near l . yet i am kept out of my money to this day ; and tho it was then publickly known , this woman was a profligate wretch , who had escap'd out of new gate , and had several pretended husbands ( some of which had been executed at tiburne , as fellons ) yet in this very suit , was admitted as a pauper at one and the same time , both in the kings-bench and chancery , ( tho my debt as hath been said was upon bond , ) she produced about witnesses , not one of them appearing to be of any reputation : nay , my own attorney who knew what wicked people i had to deal withall , and to whom i gave strict orders to be careful of my business , suffer'd me to be non-suited to my cost , l . s . . this pretended lady , and her gang , was not satisfied in engaging me in two suits of law , for they and some lawyers did prompt and excite , a young man to sue me , ( whom i had brought up from a child , and put forth an apprentice at my own proper cost and charge , ) tho he had no just ground so to do , being prompt thereunto by this gang , and some lawyers , ( as he has since with sorrow confest to me ) upon which i had him before a judge , but could have no relief ; but in a little time , the young man was sensible of his folly , and of his own accord , came to me and beg'd pardon for what he had done ; so we went to the attorney and order'd him to stop proceedings . yet now my attorney brings me in a bill upon this account , tho there was no proceedings thereupon ; but his wickedness to me will farther appear ; which at present i shall wave , and go upon other matter . . i was trustee for two young men for several years , and the account between them and me , was stated by two attorneys , who audited the same , and set their hands thereunto ; yet some years after these unhappy young men , met with some lawyers that put them upon suing of me , tho there was not the least ground for it , as in the end it did appear , to the high court of chancery , the matter having been twice referred , by order of court , to a master in chancery , who audited the account , in the presence of two counsellors at law ; this unjust suit was near l . charge to the young men , to the utter ruin of one of them ; who lays his ruin , and i think justly , at the lawyers door , as the cause thereof . . i took out a writ against a certain person ; upon which a bayliff took him , and took bail of him in his own name ; then came to me , and swore desperately , if i would not give him s. he would let his prisoner go . i not complying with his unreasonable demands , he arrested me ; whereupon i summon'd him before a judge , who did acknowledge , and say i was much abused , yet would do me no justice , but seem'd rather to encourage the bayliff , thereby to bring ( as i suppose ) more grist to the mill ; so i was glad at last to give the bayliff l. to be rid of him , and secure my debt . . the attorney , whom i before did make mention of , i did employ in several businesses ; for doing which , he sent me in a bill of l. odd money , and in some months after sent another bill of l. ( both referring to one and the same business ) and then sent me several threatning letters , that if i did not forthwith pay him , he would arrest me ; upon which i summon'd him before a judge , before whom he appear'd , and whisper'd to him , and then gave into his hand another bill of l. which i never saw otherways than in the judges hand ; whereupon i acquainted his lordship that i had two bills before given me , either of which i was willing to have tax'd ; but it would not be granted , tho i offer'd to prove that i had paid him l s. and that he charged me with near five pound for counsel fees , which he never disbursed , and that he had a bill of l. of mine in his hands , and that he charg'd me s. for viewing some writings in my hands , when i never employ'd him , he having been employ'd by another person , who gave him s. for his pains ; ( nay , he had the confidence to tell his lordship , that he examin'd two cart-loads of papers by my order , when as all of them were in a small deale-box . ) the judge was very attentive to him , but would not hear me , tho i offer'd to swear it ( as i have since done before another judge ) and so sign'd and order'd the l. bill to be tax'd , and that i should pay in to one of the prothonitors of the kings bench l. in money , which i though to be a great hardship put upon me when i was not in his debt ; whereupon i waited upon the judge again , and took a friend along with me , who endeavour'd to convince his lordship , but all to no purpose , tho i offer'd to deposite the money in a third persons hand , yet he would not recin'd from what he had done , but l. i must pay in ; upon which my friend went to my attorney , and asked him ▪ why he was not willing to have either of his former bills tax'd ; he deny'd that ever he gave me any bills before , when as i have his bills and letters by me to prove it ; but he shew'd my friend the bill sign'd by the judge , and said , if i would not have that tax'd , he would arrest me before night . this was about a month since , but he has not done it yet ; so the matter 's still depending . . a relation of mine sued a certain person for l. he was indebted to him ; in prosecuting of which suit he spent above l. before he could recover his debt ; and in this cause , between plantiff and defendant , there was spent above l. . a certain person came to a shop-keeper ( a man of known reputation ) and desir'd him to give him silver for a broad piece of gold ; according to his request he gave him the money , but this person , by a trick of ledgerdemain gave him a broad guilt shilling , instead of a piece of gold. the same day it was done , he found he was cheated , and so made search after the person that did it ; who finding himself discover'd , and that he was like to fall into trouble , was too quick for the shop-keeper ; for he takes out a warrant against him , and had him before a justice of the peace , for scandalizing of him ; upon which , the shop-keeper , and his wife , acquainted the justice of the peace with the whole circumstance of the matter , and offer'd to swear it , yet the justice of the peace would not admit him to his oath , but bound him over to the next session of the peace for scandalizing the worthy gentleman ; but afterwards ( not without great trouble ) he took him up with a bench warrant , and the matter was tried at hicks's hall , where that and other crimes of the like nature were fully prov'd upon him , ( tho he produced near witnesses such as they were ) for which he was by the court fin'd l. but it was reduced to l. which he immediately paid and went off , and the honest shop-keeper in prosecuting this matter was at above l . charge , and like to have no satisfaction ; for if he could meet with this wicked person , he says he dares not sue him , seeing there is so great corruption in the practice of the law. . a gentleman was unjustly sued for l . yet in defending himself , in that suit he spent above . tho he did not pay the debt , he had paid the better part of the money to his attorney who arrested him before he gave him a bill , after which the attorney gave him a bill ; and he objecting against some things in it ; in a little time his attorney gave him another , and made his account above l . more , and then laught at him ▪ upon which he was advised by some friends to get the bill taxt , but others telling him how 〈◊〉 things were , advised him rather to pay the attorney , then involve himself in farther trouble , which he accordingly did . . in the year a french ship and cargo , called the st nicholas of haverdegrace , of the value of near l . in the open seas was seized by three english sailors on board , ( who had been captivated into france ) and carried into tenby , dependant upon the port of milford ; upon which walter midleton , collector of the said port , &c. unladed the vessel by night , and embezeled the cargo , and withall committed the three english sailors to the common goal , at the same time dismissing the french , who had been brought in as prisoners . information thereof being given to the admiralty-court , commissions of enquiry were thence issued , and upon examination the embezelments fully prov'd , and sentence passed on behalf of the king ; whereupon the offenders moved for , and obtained a prohibition out of the exchequer to stop all further proceedings , which is continued to this day ; so the spoil seems to have been divided among them , the poor sailors were continued many months in prison , and did not obtain their liberty without great difficulty ; since which one of them has been kill'd in the publick service , another of them taken by the french , and carried to st. maloes , where he was ( as 't is said ) murthered ; and one walter jenkins * , whom the sailors employ'd in prosecuting this matter , as did likewise the lords of the admiralty on behalf of the king ( who has been at two or three hundred pounds charge in the prosecution ) appears to have been as ill treated as the poor saylors , although their lordships often gave him assurance , that if he prov'd the facts , he should not only be satisfied for his trouble and expence , but very well rewarded ; and tho he executed several commissions , and hath attended this matter for above five years ( having been drill'd on , and fed with vain hopes from time to time , to the utter ruin of him and his family ) and expended a considerable sum of money , yet has not been able to obtain any satisfaction , otherwise than that about three months since the lords of the admiralty sent for him , and told him at a full board , if he would not concern himself any more in this matter , but retire into his own country , they would order him l. which he was constrain'd , thro his great necessity , to take . an attorney gave in a bill of l. to a friend of mine , that summon'd him before a judge , who reduc'd the bill to s. . another bill of l. was given by an attorney , which the judge reduc'd to l. and withal told my friend , that if he pleased he would lay the attorney by the heels . . another bill of l. was given in by an attorney , who was summon'd before a judge , that reduc'd the said bill to l. these three cases , which i have last recited , may seem to be great acts of justice ; yet with submission in my apprehension they are not so , but particular acts of favour and kindness , in regard the judges ( who are sworn to do impartial justice ) did not punish the attorneys * , by disabling them to practice for the future ; for having made so great and notorious a breach of the oath they took , when they were admitted to practice as attorneys , they at the same time being invested with a power , which enabled them so to have done . so that all this amounts to no more than as if i should take up a person , who had cheated me , and have him before a justice of the peace , who should oblige him to restore to me what he wrong'd me of ; and afterwards dismiss him , and give him leave to cheat any body else whom he pleas'd : for so it is , that when men are not punish'd for their offences , it does but encourage them and others to commit the like crimes for the future , and to be more wicked than they were before ; which plainly demonstrates any nation , having good laws that are not kept , serve only to make the people so much the more miserable . and whoever does but consider how councellors *⁎* and attorneys at law , are oblig'd by their oaths , not knowingly to engage in any evil cause , or to encrease fees , and views but the practice of them every term , can hardly conclude otherways , than that they are , for the most part , dreadfully perjured , which they seem to be hardened in , for it s well known they generally make but a jest of it . and those few instances that have here been given of their evil practices , cannot be judg'd to be the hundred thousandth part of the misery the people of this nation undergo , by reason of the corruption of the law , and without all controversie , a multitude of families are every year ruined thereby , for many thousands of persons may reasonably be suppos'd to be engaged in suits at law , that understand nothing of the law , but refer all to their attorneys , and if they find they are ill treated by them , and a dispute happens to arise between them , they are not able to contend with them , but for the most part lie at their mercy to do by them even as they please ; yet if any are so hardy as to contend with their attorneys , so as to have their bills tax'd , generally speaking , they can have little reason to expect relief ( experience tells me , and other men so ) upon the account they who are judges of the matter , are brethren * of the same quill , from whom a man has no where to appeal , insomuch that many honest men are now afraid to sue for their just rights , for fear of wasting their estates , by being involv'd in chargeable and long suits , and it 's even my own case at this time . so that what by the evil practice of the law , and the corruptions that have crept into the government during the late war ( occasion'd by reason of his majesty's frequent and long absence ) the people in general are brought into great distress , trade † being reduced to a very low ebb , and handicrafts-men and artificers , who formerly us'd to live plentifully , and well , are now brought so low , that if some speedy care be not taken to revive trade , thousands of families in this nation will be in great danger of being starv'd . whatever english man has been abroad in foreign countries ( as i have been ) and seen with what little expence , and how soon law suits are there brought to a period , cannot , without regret , behold the present miserable condition of his native countrey , the more , in regard , it so visibly appears to have been brought upon us by the wickedness of some persons among our selves . with my own eyes have i seen honest worthy persons , who detected and prov'd notorious crimes , publickly ruined , and suffered to perish through grief and want. yet notwithstanding all these evils , it must be acknowledg'd , we have the best prince , and the best laws of any nation in europe . so that now , upon this happy peace , we have no reason to question his majesty's goodness to his people ; and it 's the just apprehension of his majesty's goodness and justice , that makes me look back with comfort upon the happy and glorious reign of queen elizabeth ; in her time , no man durst embezel or mis-spend the publick treasure ; and if any of her judges should have been heard publickly to declare , the perquisites of his place was worth l. per annum , she would soon have caged him , and found a person more worthy to fill the place . edmond bohun , esq ; who writ the life of this most excellent princess , in page . says , she well considered whatever was recommended to her , as useful to any part of her state , carefully viewing the conveniencies , and the ill conveniencies thereof ; and what was at last found vseful or profitable to the body of her people , was setled by authority . it was a maxim with her , that equitable laws , and equal justice , are the two sure and lasting foundations of a state , page . she dealt very severely with all those that were found guilty of frauds or cheats in the publick revenue , which sort of people she us'd to call harpies . she discouraged , as much as was possible , all the tricks and corruptions in the courts of justice , page . she increased the wages of her judges , that she might deliver them at once from the temptation and suspicion of bribery . she passed an excellent and most equitable law , for the more speedy determining the cases depending in her courts . she admonished her judges , that they should consider the judgment or jurisdiction they exercised was god's , and advis'd them diligently to study the law , in relation to the profit of the state , and not shew the sharpness of their wits by a falacious interpretation of a doubtful law , to the injury of the people , but that without partiality , they should administer equal justice to all , and severely punish those they found guilty . page . it was ihe rare felicity of her times , that men were advanced to honours without their seeking it , and sometimes against their wills , being promoted for their vertues , not fortunes . she would often tell those she entrusted , that they might rest assured , she would reward their integrity , industry , and equity , and if she found them guilty of any injustice and oppression , she would as certainly punish them for it . she would never entertain into her service any ignorant , covetous , dishonest , or licentious person . she was an exact observer of justice , which is the most resplendent of all the moral vertues , and of veracity and constancy to her word , which is the foundation of justice . she was extreamly severe against all that broke her laws , and punished sometime small offences with great severity . page . in all private suits she was observ'd to be a religious observer of justice and equity , and to keep the balance even between the greatest and the meanest of her subjects ; she preserv'd the poorest from wrongs , and made it her care that every man might enjoy his own , and serve the publick with it , by the impartiality of justice , and the equity of all law proceedings , provideing carefully for the preservation of humane society , for the good of the whole community . page . in her progress she was most easie to be approached by private persons and magistrates ; men and women , country people and children came joyfully , and without any fear , to wait upon her , and see her . her ears were then open to the complaints of the afflicted , and of those that had been any way injured , she would not suffer the meanest of her people to be shut out of the places where she resided ; but the greatest and the least were then in a manner levelled ▪ she took with hër own hand , and read with the greatest goodness , the petitions of the meanest rusticks ; and she would frequently assure them that she would take a particular care of their affairs , and should ever be as good as her word . she by her royal authority protected those that were injur'd and oppressed ; she punished the fraudulent , false , perfidious , and vvicked . it has always been my opinion , he that that doth not simpathize with , and hath not a fellow-feeling of the calamity and misery of others , cannot properly be said to be a christian ; for i conceive we are not bron barely for our selves , and the good of our own families , but are strictly obliged , by the dictates of that holy religion we profess , to do all such acts as tend to the good and benefit of mankind in general . it was a due apprehension of this general duty that enduc'd me to appear in print ; and however , though i may be censured by some persons , yet i call god to witness , that what i have done therein , has not been out of malice or prejudice to any person , or that i propose to my self any advantage thereby ( for i neither seek or want any employ ) but only a hearty and sincere desire to serve my country , by laying these things before this most august assembly , being sensible there 's too many that endeavour , as much as in them lies , to stifle and conceal the people's grievances , and keep them from the knowledge of the king and parliament , hoping there by to escape the hands of justice . the not punishing offenders upon the abdication of the late king james seems to have been one great occasion of all these evils ; and now if those that are offenders shall escape punishment , the nation can then expect no security for the future . the punishing offenders will be doing the people justice , and supplying of the king's wants , and which appears 〈◊〉 〈◊〉 the only means whereby to re-establish justice , and make ●im and his people happy . feb. . / . richard collins . finis . notes, typically marginal, from the original text notes for div a -e * this poor afflicted man lodges at one bardet's , in king-street , st. giles's , and is one of the greatest objects of charity that ever eyes beheld . there 's no question but a multitude of such like crimes have been committed ; for there plainly appears to have been a combination to cheat the kingand subject ; the only satisfaction the king and kingdom can have , is confiscating the estates ( the spoyles of the people ) of those who have been the principal actors ; which is a thing , would be highly pleasing to all honest men , of what perswasion soever . * there are a sort of men among us who practice ( in other men's names as attorneys that are not so ; it were happy for the people they were suppressd , and that all attorneys were restrain'd in their taking clerks , ( as several companies and trades are in london , to prevent their being ●o numerous ) and not suffer'd to fill the city and country ▪ as they do , with splitters of causes ; it 's one of the greatest evils that can befal a nation to be over-stock'd ( as we are ) with lawyers . *⁎* there 's no doubt there are many worthy gentlemen that practice the law , who are great enemies to these corruptions , and would gladly see them remov'd . * these gentlemen purchase their employments or places , which are but for life , with large sums of money , and having no lease of their lives , run great hazards , and considering the general corruption there is in the practice of the law , and the temptation they lye under , it cannot be suppos'd but that they will be willing to make use of their time , as well as other men , by which may be seen , what misery the people are expos'd to , by the buying and selling employment . † men bred to trade ( as i was ) have the greatest opportunity of knowing the decay or growth of trade , and so are sooner made sensible of the calamity of the people , than those of higher rank , though they are not so well able to express their thoughts . an act for reviving an act impowering judges for probate of wills, and granting administrations public general acts. . england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act for reviving an act impowering judges for probate of wills, and granting administrations public general acts. . england and wales. sheet ([ ] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : . dated at end: tuesday, july . . ordered by the parliament, that this act be forthwith printed and published. tho. st nicholas clerk of the parliament. continues an act passed on may , until october . steele notation: au- bate hundred. reproduction of original in the henry e. huntington library. eng law -- great britain -- history -- early works to . courts -- law and legislation -- england -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no an act for reviving an act impowering judges for probate of wills, and granting administrations. england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for reviving an act impowering judges for probate of wills , and granting administrations . be it enacted by this present parliament , and the authority thereof , that one act made this parliament since the seventh of may one thousand six hundred fifty nine , entituled , an act impowering judges for probate of wills , and granting administrations , is hereby revived , and the powers and authorities given by the said act , shall continue until the tenth day of october one thousand six hundred fifty nine . tuesday , july . . ordered by the parliament , that this act be forthwith printed and published . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . an ordinance for erecting courts baron in scotland england and wales. council of state. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance for erecting courts baron in scotland england and wales. council of state. sheet ([ ] p.) [s.n.], printed at london ; and re-printed at leith : . with seal of council of state at head of text. blank spaces left in text, to be filled in with dates. order to print dated: wednesday aprill , . signed: henry scobell, clerk of the council. imperfect: torn with slight loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng courts baron and courts leet -- early works to . courts -- scotland -- th century -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon of the protectorate an ordinance for erecting courts baron in scotland . be it declared , established , and ordained by his highness the lord protector , by and with the advice & consent of his council , that in every place or circuit of land which really is , or hath commonly been called , known or reputed to be a mannor , within the nation of scotland , there shall be one court , which shall be in the nature of a court baron , or court of a mannor here in england , to be holden every three weeks ; which court shall have power , order , and jurisdiction of all contracts , debts , promises , and trespasses , whatsoever arising within the said mannor , or precincts thereof ; provided that the matter in demand exceed not the value of fourty shillings sterling , and that in any such action of trespass , the freehold or title of the land be not drawn into question ; and it is further declared and ordained , that every the said court baron shall be held in manner following , that is to say , the style of the court shall be , the court of a. b. held the _… day of one thousand six hundred by k.d.c. sutors of the said court and the homage or sutors to be named in the entry , then after three o yes made , the sutors , or their clerk , or steward shall say , if any will be assoigned , or enter any plaint , let them come in and they shall be heard , then the lury are to be impanelled and sworn , and then a short charge is to be given concerning the severall matters and things to be done there , and after presentment and enquiry made , the sutors shall proceed in the severall matters presented , and give order and relief , as the case shall require and make execution by attachment upon the goods of the party within that mannor . and it is here by further declared and ordained , that the sutors in every the said court baron may from time to time , as there shall be occasion , make by-laws for the publick vveal , rule and government of the persons within such mannor , and all and every such by-law shall be binding to every party within the mannor ; and the said sutors shall have power and authority to amerce such persons as infringe any of the said by-laws , and may give vvarrant to the bayliff of the mannor to dist 〈…〉 〈…〉 suc● 〈…〉 amercement by attachment upon the goods of the party offending . provided that such by-laws ●e not extended to bind the inheritance of any person who is not party to the same and agrees not thereunto . wednesday aprill , . . ordered by his highness the lord protector , and his councill , that this ordinance be forthwith printed and published . henry scobell , clerk of the councill . printed at london , and re-printed at leith , . an ordinance of the lords and commons in parliament assembled for prevention of the adjournment of the courts of iustice, without consent of both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons in parliament assembled for prevention of the adjournment of the courts of iustice, without consent of both houses of parliament. england and wales. parliament. sheet ([ ] p.) for laurence baiklocke [sic], and are to be sold at his shop at temple-barre, imprinted at london : . [i.e. ] dated at end: die lunæ januar. . order to print signed: john browne cler. parliamentorum. reproduction of the original in the british library. eng courts -- england -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons in parliament assembled: for prevention of the adjournment of the courts of iustice, without consent o england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons in parliament assembled : for prevention of the adjournment of the courts of iustice , without consent of both houses of parliament . the lords and commons taking into their serious consideration the great inconvenience that hath come to his majesties subjects by the late frequent adjournment of the courts of iustice , and by spies resorting to the cities of london and westminster under pretence thereof ; for the prevention of the same for the future , doe hereby order and ordaine , that in case any person or persons shall at any time hereafter deliver , or cause to be delivered to any of the iudges of any his majesties courts to be held in westminster , or to any of their clerkes or servants , or to any officers of any the said respective courts , or any others , to be delivered to any of the said iudges , any writ , proclamation , or other thing whatsoever , sealed with any great seale , other then the great seale of england now attending the parliament by ordinance of both houses , all and every such person and persons shall be proceeded against by the law-marshall as spies ; and the lord generall is hereby desired forthwith to proceed against every such person accordingly . and it is further ordered and ordained , that none of the said iudges , nor their clerkes , servants , or any officer or officers of the respective courts aforesaid , shall presume to receive , view , or any wayes meddle with any writ or proclamation sealed with any great seale , without first acquainting the speakers of the two houses therewith , and receiving and pursuing the directions to be given thereupon from both houses of parliament , upon paine of imprisonment of their persons , sequestration of their estates , and such further punishment as shall be thought meet by both houses of parliament . and that no iudge , officer , or other person whatsoever , presume to carry , or cause to be carried , any records , writings , or other memorialls from any the courts at westminster , or other places in or about the cities of london or westminster unto the city of oxford , or other place where the kings forces are , under paine of incurring such , or the like penalties as aforesaid . die lunae . januar. . ordered by the commons assembled in parliament that this ordinance be forthwith printed and published . john browne cler. parliamentorum . imprinted at london for laurence baiklocke , and are to be sold at his shop at temple-barre . . a declaration of the lords and commons assembled in parliament. martis ult. februarii, the lords and commons taking into consideration the miserable distractions and calamities with which this whole kingdome and nation is now infected, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament. martis ult. februarii, the lords and commons taking into consideration the miserable distractions and calamities with which this whole kingdome and nation is now infected, ... england and wales. parliament. sheet ([ ] p.) march . london printed for john wright, in the old-baily, [london] : . [i.e. ] title from caption and first lines of text. date of publication from steele. a declaration of parliament for postponement of the assizes. reproduction of the original in the british library. eng courts -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament· martis ult. februarii, . the lords and commons taking into consideration england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . martis ult. februarii , . the lords and commons taking into consideration , the miserable distractions and calamities , with which this whole kingdome and nation is now infested , the face and cruell effects of an unnaturall civill war , being too visible and apparent in all the parts thereof , and the power of the sword so prevailing , as that the publique iustice of the kingdom cannot be expected to be administred in a just and indifferent way , but that the iudges and ministers thereof may be terrified and awed by the power of armed men , and also for preventing of inconveniences which may happen by assemblies of multitudes of people in these times of miserable distraction , have thought fit to order , and the said lords and commons in parliament assembled , doe ordaine and declare , that the severall iudges and iustices of assize , and nisi prius , and iustices of oier and terminer , and goale delivery , and their associats , and the clerkes of the assize , and every of them , of , or within any of the counties or cities of england and dominion of wales , doe forbeare to execute any of the said commissions , or to hold or keepe any assizes , or goale delivery at any time during this lent vacation , or to issue out any warrant for summoning the assizes within any county in which they shall be appoynted iudges or iustices ; and if they have alreadie issued any , that they forthwith revoke and recall the same , and herein their ready and perfect obedience is expected and required , as they will answer the contempt and neglect hereof , before the lords and commons in parliament . martis ult. februarii , . oordered by lords and commons assembled in parliament , that this declaration shall be forthwith printed and published . john browne cleri . parliamentorum . march . london printed for john wright , in the old-bailey . . a recital of stow's collection concerning the rise, profi[ta]bleness, and continuance of the court of requests, or court of conscience in the city of london: together w[it]h the act of parliament of iacobi regis, for establishing and confirmation of the same stow, john, ?- . this text is an enriched version of the tcp digital transcription a of text s in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a recital of stow's collection concerning the rise, profi[ta]bleness, and continuance of the court of requests, or court of conscience in the city of london: together w[it]h the act of parliament of iacobi regis, for establishing and confirmation of the same stow, john, ?- . sheet ([ ] p.) s.n., [london : ?] place and date of publication suggested by stc. reproduction of the original in the british library. eng courts -- great britain -- early works to . a s (stc ). civilwar no a recital of stow's collection concerning the rise, profi[ta]bleness, and continuance of the court of requests, or court of conscience in th stow, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion a recit●l of stow's collection concerning the rise , profi●●bleness , and continuance of the court of requests , or court of conscience in the city of london : together with the act of parliament of jacobi regis , for establishing and confirmation of the same . a brief collection how the court of request , commonly called the court of conscience in london , hath been established and continued for many years past , for the relief of poor debtors in london , and the liberties thereof , viz. first , i find that primo februarii , anno h. . an act of common council was made , that the lord mayor and aldermen of the same city for the time being , should monthly assign and appoint two aldermen , and four discreet commoners to be commissioners to sit in the same court twice a week , viz. wednesday and saturday , there to hear and determine all matters brought before them between party and party ( being citizens and freemen of london ) in all cases where the due debt or damage did not exceed forty shillings . this act was to continue but for two years then next ensuing : but being found charitable and profitable for the relief of such poor debtors as were not able to make present payment of their debts , and to restrain malicious persons from proceeding in their wilful suits : and also to be a great ease and help to such poor persons as had small debts owing to them , and were not able to prosecute suits in law for the same elsewhere : the same act hath sithence been continued by divers other acts of common council : and hereby ( besides the said two aldermen monthly assigned ) the number of commissioners were increased from four to twelve . and so by that authority the same court continued till the end of the reign of queen elizabeth , &c. and then divers people , being citizens and freemen of london ( contrary to their oaths formerly taken ) repining at the authority of the same court , and not regarding the expence of any charges how great soever , so they might have their desires upon their poor debtors , and being often animated thereunto by divers attorneys and sollicitors ( for their own particular gain ) did daily commence suits , for such petty debts and causes against poor men ( citizens and freemen of london ) in the high courts at westminster , or elsewhere out of the said court of requests , to avoid the jurisdiction of the same court , and to bar the said commissioners from staying such suits , and examining the said causes , and thereby caused the said poor men many times to pay six times as much charges as their principal debts or damage did amount unto , to the undoing of such poor men , their wives and children , and also to the filling of the prisons with the poor so sued : where otherwise they might have got their debts in the said court of requests , for very small charge and little trouble . for remedy whereof , and for the strengthning and establishing the said court , an act of parliament was then made in anno primo jacobi regis , that every citizen and freeman of london , that had , or should have any debts owing to him , not amounting to forty shillings , by any debtors ( citizens and freemen of london , inhabiting in london or the liberties thereof , should or might cause such debtors to be warned to appear before the commissioners of the said court ; and that the said commissioners , or the greater number of them , should from time to time set down such orders between such parties , plaintiff and defendant , creditor and debtor touching such debts not exceeding forty shillings , as they should find to stand with equity and good conscience . but sithence the making of that act , divers persons ( intending to subvert the good and charitable intent of the same ) have taken hold of some doubtful and ambiguous words therein , and have wrested the same for their own lucre and gain , to the avoiding the jurisdiction of the same court , contrary to the godly meaning of the said act . for remedy whereof , and to the intent that some more full and ample provision might be made for the further establishing and strengthening of the said court , and for the better relief of such poor debtors ; another act of parliament was made , anno jac. whereby the authority of the said commissioners was much inlarged , viz. that every citizen and freeman of london [ and every other person and persons inhabiting , or that shall inhabit within the city of london , or the liberties thereof , being a tradesman , victualler , or labouring man , ] which have or shall have any debts owing to him or them , not amounting to forty shillings , by any citizen or freeman [ or by any other person or persons ( being a victualler , tradesman , or labouring man ) inhabiting within the said city , or the liberties thereof ] should or might cause such debtors to be warned to appear before the said commissioners of the court of requests . and the said commissioners , or any three or more of them , shall have power to set down such orders between plaintiff and defendant , creditor and debtor , touching such debts not amounting to forty shillings , as they shall find to stand with equity and good conscience . also the said commissioners , or any three , or more of them , have power ( by the said act ) to minister an oath to the creditor or debtor , and to such witnesses a● shall be produced on each part : and also to commit to prison in one of the counters , such creditor or debtor , as shall not appear upon lawful summons , or not perform such order as the said commissioners , or any three or more of them shall set down . and by this last act , the said court of request is established and continued to this day ; and god grant it may so long continue to the relief of the poor , &c. a remedy for recovery of small debts , and for the relieving of the poorer sort in london . whereas by vertue of divers acts of common council made within the city of london , the lord mayor and aldermen of the same city , for the relief of poor debtors dwelling within the said city , have accustomed monthly to assign two aldermen , and twelve discreet commoners to be commissioners and sit in the court of requests , commonly called the court of conscience in the guild-hall of the same city , there to hear and determine all matters of debt not amounting to the sum of xl . s. to be brought before them : and whereas at the sessions of parliament holden at westminster the nineteenth day of march , in the first year of the reign of our soveraign lord the kings majesty that now is , for the further relief of such poor debtors , and more perfect establishing of the said court , there was made and provided an act , intituled , an act for recovery of small debts , and relieving of poor debtors in london : and whereas since the making of the said act , divers persons , intending to subvert the good and charitable intent of the same , and taking hold of some doubtful and ambiguous words therein , do wrest the same for their own lucre and gain , to the avoiding the jurisdiction of the said court , contrary to the godly meaning of the said act . for the remedy whereof , and to the intent that some more full and ample provision may be made for the relief of such poor debtors , be it enacted by authority of this present parliament , that every citizen and free-men of the city of london , and every other person and persons inhabiting , or that shall inhabit within the said city or the liberties thereof , being a tradesman , victualler , or a labouring man , which now have or hereafter shall have any debt or debts owing unto him or them , not amounting to forty shillings , by any citizen , or by any other person or persons being a victualler , tradesman or labouring man , inhabiting , or that shall inhabit within the said city or the liberties thereof , shall or may cause such debtor , or debtors to be warned or summoned by the beadle or officer of the said court of requests for the time being , by writing to be left at the dwelling house of such debtor or debtors , or by other reasonable warning or notice to be given to the said debtor or debtors , to appear before the commissioners of the said court of requests , holden in the guild-hall of the said city . and that the said commissioners , or any three of them or more , shall have power and authority by the vertue of this act , from time to time , to set down such order or orders between such party or parties plaintiff , and his or their such debtor or debtors defendants , touching such debts , not amounting to the value of forty shillings , in question before them , as they shall find to stand with equity and good conscience , all such their order or orders to be registred in a book , as they have been accustomed , and as well the party plaintiff , as the debtor defendant , to observe , perform and kéep the same in all points . and that for the more due procéeding herein it shall be lawful for the same commissioners , or any three or more of them , to minister an oath to the plaintiff or defendant , and also to such witnesses as shall be produced on each party , if the same commissioners , or any three of them or more shall so think it meet . and be it further enacted by the authority aforesaid , that if any action of debt , or action upon the case upon an assumpsit for the recovery of any debt , to be sued or prosecuted against any the person or persons aforesaid , in any of the kings courts at westminster or elsewhere out of the said court of requests , it shall appear to the judge or judges of the court , where such action shall be sued or prosecuted , that the debt to be recovered by the plaintiff in such action doth not amount to the sum of xl s. and the defendant in such action shall duly prove either by sufficient testimony , or by his own oath , to be allowed by any the judge or judges of the said court where such action shall depend , that at the time of the commencing of such action , such defendant was inhabiting and resiant in the city of london or the liberties thereof , as above : that in such case the said judge or judges shall not allow to the said plaintiff any costs of suit , but shall award that the same plaintiff shall pay so much ordinary costs to the party defendant , as such defendant shall justly prove before the said judge or judges , it hath truly cost him in defence of the said suit . and be it further enacted , that if any such plaintiff or creditor , defendant or debtor after warning given him or them , in manner and form before in this act mentioned , by the said officer of the said court of requests , shall without some just or reasonable cause of excuse , refuse to appear in the said court before the said commissioners , or shall not perform such order as the said commissioners or any three or more of them shall set down , for or concerning such debts as aforesaid : that then it shall be lawful for the said officer of the said court , or any other of the serjeants at mace of the said city , by order of the said commissioners , or any three or more of them , to commit such party or parties to prison , into one of the counters of the said city , there to remain until he or they shall perform the order of the said commissioners in that behalf . provided always that this act or any thing therein contained , shall not extend to any debt for any rent upon any lease of lands or tenements , or any other real contracts , nor to any other debt that shall arise by reason of any cause concerning testament or matrimony , or any thing concerning or properly belonging to the ecclesiastical court , albeit the same shall be under xl s. any thing before contained to the contrary in any wise notwithstanding . and be it enacted by the authority aforesaid , that the said act made in the first year of the kings majesties reign , be from the end of this session of parliament , for and concerning any order to be made in the said court of requests , after the end of this session of parliament utterly repealed . there being now humbly proposed to this high court of parliament , a bill ( for a law ) for the like relief of the poorer sort of people in the suburb . parishes within the bills of mortality , who are very numerous , and need all the ease from oppression as may be afforded them : for that such establishment will also advance the credit of such poor , by encouraging traders to trust them with necessaries ; when by this they may in a moderate and certain way obtain their debts as the commissioners in their discretion do find and adjudge the debtors shalt pay , when by the charge of six pence they may recover the same by the above said means , and if the debtor should prove obstinate ( which seldom is ) the whole charge of the said suit to execution amounts not to above five shillings , nor ever can , provision being made in the bill to the contrary . and therefore the opposers of so good and charitable a law ( as now lies at his majesties feet and the high court of parliament , whom god preserve ) are referred to and answered by the act above-recited , which was made and commended by that eminently wise prince and his parliaments . so that whatever alterations have been made in the bill for erecting a court of conscience in the city of westminster , yet that other bill depending in the honourable house of commons for erecting a court of conscience in southwark , another in the tower hamblets , and a third in the remaining parishes of middlesex , within the weekly bills of mortality , have no more , nor other in their constitution , than is drawn from the long practice of the city of london , and is exactly conform to the acts of parliament , and doth not meddle with trespasses . it is this day ordered and ordained by the lords and commons assembled in parliament that the serjeants and councellors at law in the severall counties of this kingdom, within the power of parliament, shall exeute the commissions of oyer and terminer ... england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) it is this day ordered and ordained by the lords and commons assembled in parliament that the serjeants and councellors at law in the severall counties of this kingdom, within the power of parliament, shall exeute the commissions of oyer and terminer ... england and wales. broadside. printed for edward husbands, london : . at head of title: die sabbati, august, . includes an order of the same date for the granting of "commissions of sewers." reproduction of original in the harvard university library. eng courts -- great britain. sewerage -- law and legislation -- great britain. a r (wing e ). civilwar no die sabbati, . august. . it is this day ordered and ordained by the lords and commons assembled in parliament, that the serjeants and england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbati , . august . . it is this day ordered and ordained by the lords and commons assembled in parliament , that the serjeants and councellors at law , in the severall counties of this kingdom , within the power of parliament , shall execute the commissions of oyer and terminer , and goal-delivery , wherein they are nominated commissioners , notwithstanding any statute or clause therein to the contrary . hen. elsynge , cler. parl. d. com. die sabbati , . august . . it is this day ordered and ordained by the lords and commons assembled in parliament , that commissions of sewers shall be granted by the commissioners of the great seal , for the severall counties of this kingdom , within the power of the parliament ; although the lord treasurer , or lord chief iustices be absent . hen. elsynge , cler. parl. d. com. london , printed for edward husbands . . by the king. a proclamation for the removing of the courts of kings-bench and of the exchequer, from westminster to oxford proclamations. - - . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for the removing of the courts of kings-bench and of the exchequer, from westminster to oxford proclamations. - - . england and wales. sovereign ( - : charles i) charles i, king of england, - . aut sheet ([ ] p.) by leonard lichfield, [printed at oxford : ] copy catalogued imperfect; cropped at foot, with loss of imprint and some text; imprint from wing. reproduction of the original in the bodleian library. eng courts -- law and legislation -- early works to . great britain -- history -- civil war, - -- early works to . oxford (england) -- history -- early works to . a r (wing c ). civilwar no by the king. a proclamation for the removing of the courts of kings-bench and of the exchequer, from westminster to oxford. whereas the sole england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation for the removing of the courts kings-bench and of the exchequer , from westminster to oxford . whereas the sole power of appoynting the place or places in which our great courts of iustice shall be kept , and of removing them from one place to another , as urgent occasion shall move us , by the lawes of this kingdome is inherent in our royall person . and whereas it is of great importance to our service in these times of difficulty and distraction , to have our iudges of our said courts to attend neere unto us , by whose advice we may the better proceed in all those cases wherein the iudgement and knowledge of the lawes is required . and whereas more especially the chancellor , or lord keeper of the great seale of england , and the judges of our court , called the kings-bench , were and are to follow the king ; and our court of exchequer , being the proper court of our revenue , ought to attend us as we shall appoynt . and whereas our cities of london and westminster have been , and yet are , the chiefe causers , and maintainers of this prsent rebellion against us and we taking into our serious consideration , that while our courts of kings-bench , common-pleas , & of our exchequer are kept at westminster , many of our good and loyall subjects might be compelled or injoyned , by proces in our name , to make their appearance there , which they could not doe without hazard of imprisonment , or other dammage or violence from the fomentors of this rebellion ; and many might suffer prejudice by verdicts and judgements had and obtained against them by default or otherwise , when they could not with safety come to make their just defences : thereupon we did resolve to remove those courts from westminster to our city of oxford , whether other of our courts of iustice have been and are already removed by our former proclamation . and to the end that there might not be any prejudice to any of our subjects , by discontinuance of their suits in those courts or otherwise , we did send our severall writs of adjournment , directed to our iudges of our said courts of kings-bench and common-pleas , and to our barons of out exchequer , thereby commanding and giving warrant and authority to them respectively , to adjourne all pleas and prices depending before them , in and from the two and twentieth day of november last past , to the first returne of hillary terme next , commonly called octabis hillarii , to be helden then at our city of oxford . but our messenger sent with those writs ( as we haue been informed ) for no other cause but for doing his duty in carrying and delivering those writs , was imprisoned , and in an unjust and illegall way sentenced to dye , and brought to a place of execution , and threatned to be hanged , as at that time another of our messengers for no other cause then for doing his duty in the like kind , in carrying our proclamations to london , was then shamefully hanged and murthered , ( an act so barbarous as no former age can paraleli ) and we have not yet received any certain and particular information touching the execution of those writs . in pursuance therefore of our former resolution of removing those courts from westminster to our city of oxford , we doe for the present by this our proclamation , authorized under our great seale of england , ordaine and appoynt , and by these presents publish and declare our will and pleasure to be , that our said courts of kings-bench and exchequer , shall for the next hillary terme , at the usuall and accustomed time for holding of the same , be holden and kept at our said city of oxford , and not at westminster , and shall be continued and kept there during that whole terme and afterwards at the severall times and termes for holding and keeping of those courts , untill our farther pleasure be known and published for removing them from oxford . and we doe hereby straightly charge and command , all our iudges of our said court of kings-bench , and our barons of our exchequer , and all officers , protonotaries , clerkes , 〈…〉 the libertine school'd, or a vindication of the magistrates power in religious matters. in ansvver to some fallacious quæries scattered about the city of limrick, by a nameless author, about the th of december, . and for detection of those mysterious designs so vigorously fomented, if not begun among us, by romish engineers, and jesuitick emissaries, under notionall disguises ... (politicæ uti & ecclesiasticæ. axiom. arabic.) published, by claudus gilbert, b.d. and minister of the gospel at limrick in ireland. gilbert, claudius, d. ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the libertine school'd, or a vindication of the magistrates power in religious matters. in ansvver to some fallacious quæries scattered about the city of limrick, by a nameless author, about the th of december, . and for detection of those mysterious designs so vigorously fomented, if not begun among us, by romish engineers, and jesuitick emissaries, under notionall disguises ... (politicæ uti & ecclesiasticæ. axiom. arabic.) published, by claudus gilbert, b.d. and minister of the gospel at limrick in ireland. gilbert, claudius, d. ? [ ], , [ ] p. printed for francis tyton, at the three daggers in fleetstreet, london : . annotation on thomason copy: "aug: ". reproduction of the original in the british library. eng courts -- early works to . church and state -- early works to . limerick (limerick, ireland) -- history -- early works to . a r (thomason e _ ). civilwar no the libertine school'd, or a vindication of the magistrates power in religious matters.: in ansvver to some fallacious quæries scattered ab gilbert, claudius d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the libertine school'd , or a vindication of the magistrates power in religious matters . in answer to some fallacious quaeries scattered about the city of limrick , by a nameless author , about the th of december , . and for detection of those mysterious designs so vigorously fomented , if not begun among us , by romish engineers , and jesuitick emissaries , under notionall disguises . published , by claudius gilbert , b. d. and minister of the gospel at limrick in ireland . rom. . , , , , , . let every soul be subject , &c. zech. . , , , , . and i will cause the prophets and unclean spirits to pass out of the land , &c. isa. . . and kings shall be thy uursing fathers , &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} magistratus in terra , coarctionis haeres , quodvis improbum pudefaciens , judic. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} dei timor principium sapientiae , ( politicae uti & ecclesiasticae . axiom . arabic . london , printed for francis tyton , at the three daggers in fleetstreet . . to his excellency the lord henry cromwell commander in chief of the forces in ireland . and to the right honourable his highnesses councel for the affairs of ireland . right honourable , the glory of the latter daies consists very much in their godly magistrates ; and the glory of those magistrates in their promoting of christs glory . when the lords spirit would give an abstract of heaven on earth , he promises kings and queens for nursing fathers and mothers to his church . thus portion and protection are assured to his people , on the most honourable and happy tearms . the lord himself is pleased to put his own name upon those persons to whom he gives a providentiall commission to act in his name , with civil authority in the managing of his interest on earth . he hath said ye are gods , by a providentiall voice , that ye might act like god , and for god , in subordination to his providence . such shields of the earth belong unto him in a peculiar way , which are made by him , and must act for him in a peculiar manner . he needs no instruments about any work , yet is he pleased to honour instruments about his greatest work . it s your honour to be employed by him , he makes it your happiness to be faithfull to him . that he will employ ministers of his word to instruct his church , it 's from his grace ; that he doth intrust magistrates with his sword for the protection of his church , it 's for his glory . both jewell and case , mans soul and body were framed by him , as god of nature ; both soul and body were by his sonne redeemed , as the god of all grace . both the internall and externall man do need his spirit for the good of both : magistrates and ministers are called to office , and blessed therein , by the same spirit . moses and aaron were joined of old in ordering christs law : zerubabell and joshua were not severed in the restoring thereof . though primitive churches wanted , for a season , the magistrates help , yet in due season were they made partakers of that royall favour . they wanted them first , that gods glory might not , on mistake , be given to man ; they had them again , that the same glory might not be still abused by man . no sooner did antichrist make incroachments on christs ministry , but he usurped as fast on his magistracy ; he swallowed up that , as the two horned beast , ecclesiastically ; and he subdued this , as the ten horned beast , politically . christ recovered both from antichristian yoke in his great reformation , as both had been usurped from him , by antichristian defection . when he took care to purifie his church in its ministry , he shewed no less care about the magistracy . as some of both sorts have witnessed for him in a sackcloth condition ; so some of both sorts shall witness of him in a seasonable ascension . when he gives his people pastors after his own heart , he gives them rulers to govern in his waies . thus he acts by men after the manner of men , because he deals with men in the things of god . the world is his great house that must be well taught ; but it 's through sinne , a discomposed house that needs a good rule . gods interest is such in faithfull rulers , that satan will be still attempting all means to blast their faithfulness ; if he cannot keep them from doing gods work , he will use instruments to marre that very work . much of it appeared in former experiences , and we see it too sadly in these latter daies . good men shall be seduced to betray gods work , yea and perswaded that it 's satans work . that which the lord doth tender with most zeal , error will perswade to slight with most neglect : if god put much stress on the first table of his law , error will take it off from the magistrates care . what many other parts have sadly bewailed , we finde now much cause to bemoan afresh . that spirit that once disturbed germany , is gotten too deeply into our bowels . christs ministers were first struck at by that hand , which reached the next blow to the magistrates . those foxes and wolves that would worry christs flock , cannot bear good will to faithfull shepherds . they would first debauch the spirits of men , and then their bodies will be surely theirs . the ministers first shall be antichristian , and the magistrates shall bear that title next . munster had once many fair warnings , but the things of their peace were hid from their eyes . if we gain wisdom by our neighbours harm , it 's a mercy of the choicest kinde . that good hand of heaven that brought your honours into this wilderness , hath much to do here for you , and by you . israels condition in their wilderness , is a most lively parallell of this land . they had christ present in his ordinances , but wanted a heart to improve the same : signall redemptions the lord wrought for them , but his wondrous works they had soon forgotten : magistrates and ministers he provided them , but they slighted and scorned the one and the others : holy profession god called them to , they soon abused it to self-exalting : moses and aaron were easily despised , when corah and his crue had once got their hearts . when divine ordinances were counted humane , humane presumptions were counted divine . their levelling spirits that would equalize all , soon met with a check from their superior . they sank alive into the earths bowels , that bid defiance to the god of heaven . the lords jealousie maintained his servants , who had zealously maintained his name . they were soon consumed by fire from gods house , who made it their work to fire gods house . they regarded not his daily provisions , and they paid dear for foolish desires . when the lords servants were doing them most good , they were then plotting to do them most evil . thus are they our glass and our pourtraiture , that we may the better learn to mend our faults . moses had to do with a froward people , your honours charge here looks too much like them . the wisdom and zeal he received from god are stored up in christ for all your supplies . that christ who was all to him and to them , is ready to give all to you and to us . his substitutes you are , who is our sovereign ; that his work in your hands may be prosperous , is our ardent prayer . the magistrates right is the scope of these papers ; duly therefore presented to you , to do their homage . they speak your honour and your happiness , in your honouring and serving the lord . his jewels on earth he trusts with you , that his worship and friends may be your jewels . the lord is with you , whilst you be with him , if any forsake him , such will he forsake . the glorious characters of his presence with you , to this very day , may much revive your hearts , and strengthen your hands . he hath been with you as the lord of hoasts , he will be yours still , as the god of peace . that you may do much , expect much from him , so shall your returns answer your receipts . those unclean spirits that are now raging shall soon be cast out by the prince of peace . he doth overturn and shake all nations , that christ the desire of the nations may come . that king of nations shall regain his right , which as king of saints he will still improve . your honours daily work is multiplicious and momentous still ; aarons and hurs hands must be subservient to uphold your own . it 's our delight to serve you cordially , that you may serve christ most effectually . i dare not presume any longer on you than to signifie my zealous ambition , to be and appear in the work of christ , your lordships humbly devoted servant , claudius gilbert . from my study in limrick , decem. . . the preface . christian reader , the civil power of the magistrate in matters of religion is a weighty point much controverted in these daies , as it hath formerly been upon severall accounts . the champions of truth have been put upon it in all ages to vindicate this part of christs interest , against the renewed assaults of numerous adversaries . the sophisticall mistakes of its oppugners hath drawn them and their followers into dangerous absurdities and contradictions therein . very few of them , if any , have laboured to state the question aright , that they might debate it methodically . many outcries we indeed meet with against compulsion of conscience , but very little of sober discourse about the magistrates civil power in religious matters , where it crosses the pretence of conscience . that no violent force should or can be put upon mens consciences , being granted to them , most of their arguments fight with their own shadows : some would seem to oppose all kinde of magistraticall power in any part of the first table , pleading for a licentious liberty of all sorts therein . others admit of limitations and severall distinctions therein , and yet the strength of their reasons , complies with the former , when duly weighod . many worthy pens have taken very commendable pains in stating and vindicating of that legall right , which the lords magistraticall substitute is entrusted with as custos & vindex utriusque tabulae : specially mr thomas cobbet in . n. england , hath found abundant cause to praise the lord for the due exercise and vindication of that power , the neglect and opposition whereof was like to have proved their overthrow in civils and ecclesiasticals . the same spirit of error hath struggled there so hard for libertinism , hath gotten too much strength and favour in these nations . the like design hath been therefore vigorously drawn on , to take off the magistrate from that part of his work which is the most noble and most needfull in such a season : various interests have joined forces herein , yea divers good men have been ensnured into it at unawares . there is a fallacious plausibility in many things said therein , which takes easily with the weak and credulous christian , as in all other doctrines of error . some would promote it , that they may promote and shelter at pleasure , their levelling , ranting and quaking principles . others favour it for fear of being restrained in some things which the magistrate cannot but see just cause to take cognizance of for regulation . what rank our querist is to be numbred in , we cannot certainly say , his paper not being subscribed by any , though his drift may be easily guessed at : it grieves our hearts most , to see any of christs professed friends taking part in such a quarrell with the common enemy of his word and ordinances . the sad consequent of sinfull separations from the reformed protestant churches , appears much in this , as in other things . when the unity of the spirit that should keep the bond of peace in the unity of christian faith and baptism within gods house , comes into disregard , it cannot but prove fatally ominous to the ushering in of those many evils , which have still been concomitants thereof . the primitive times afford us many wofull instances of it , and germany with other parts hath verified it by sad experience ever since the great reformation begun . schismaticall rendings of the church of christ were very seldom free from hereticall apostasi●s had we no record , divine or humane , ancient or modern to testifie this truth , the posture of persons and things among us would demonstrate it too abundantly . yet would not we be mistaken in shewing the bitter fruits of sinfull separations , as if we disowned all separations . there is a good separation from evil , required of god ; as there is an evil separation from good , forbidden by him . a separation from the man of sinne , and from the sinne of man , is a christians duty , revel. . . cor. . , . isa ▪ . . jer. . . but separation from the church and good ordinances of god is an unchristian sinne . christ owned the jewish church in its publique ministry and worship , though distempered with many corruptions in every part thereof ; whilst they retained the fundamentals of religion , he still entertained communion with them . as long as that first administration of the lords gracious covenant lasted , both he and his apostles maintained correspondency with that visible church of his , whilst they did most keenly rebuke the members thereof for their severall enormities : yea , and after their setting up of that evangelicall worship ( which as the second administration of the lords gracious covenant , was to make an end of the ceremonials , and continue to the worlds end , heb. . , , . heb. . , . matth. . . matth. . cor. . . ) yet were they so shie of rending the garment of christs body , his church , that they did for a long time bear with the jewish outrages , labouring by all means to keep fair with them , and broke not off , as long as they could hold with them in the great foundation of religion . the like course was taken by god and his servants towards israel and judah , before their babylonian captivity . the kingdom of the ten tribes ( often called israel , ephraim , samaria , &c. by way of distinction ) revolted from gods worship , under jeroboam and his successors , corrupting the same , perverting the ministry , advancing the lowest of the people to the priesthood , joining idolatry of severall kindes thereto , &c. yet were they still owned , and called the people and spouse of god , and communion with them kept by the prophets till their captivity . so when the kingdom of the two tribes , called judah and benjamin , did gradually apostatize from the purity of gods worship , joining often idolatry and gross evils thereto , yet were they still honoured with the name of gods people , his portion and church , jerem. . . jerem. . . thus in former ages , though corruption did increase apace in the christian churches beginning in the apostles daies , and successively spreading till the man of sin got into christs seat , being ascended to his meridian of supream power , infallible in ecclesiasticals and temporals ; yet were the lords servants in all their vigilant and zealous vindications of his truth , very carefull still to maintain the vnity and peace of the church to the utmost , till the whore of rome by separating from christian fundamentals , had necessitated them to separate utterly from her communion . truth and peace are so dear friends to christ , that his friends cannot but be friendly to them both , as farre as their power reaches . those faithfull defenders of the truth who were driven away into the wilderness of america , by a turbulent party ( visibly then complying with the roman antichrist ) did still testifie their care of preserving that christian unity , in all their contentions for verity and purity . though they desired much and prayed earnestly for further reformation in the parish churches of england , yet did they still own their church state , and communion therewith . thus sober christians will still be manifesting their love to christian peace , in their hottest pursuits after truth , whether in their own or others societies . the fire of christian zeal is of singular use , when it keeps within its proper place and season . but when it 's scattered , and gets into the thatch , the mischief thereof is unexpressible . what dreadfull convulsions and inflammations hath not such a rash zeal caused ▪ among us , both in church and state ? when christians cannot discover and mend faults without unchristian separations from the church , and unchurching of it , it must needs prove the ground of many sad effects : it did so in the primitive daies , it hath done so in ours . in stead of an amicable debate of things controverted , bitter contests , and wofull ruptures have attended such courses : in stead of amending one fault , more are created afresh ; in stead of recovering one truth , many errours are easily let in . romish engineers are alwaies at hand , to blow the bellows and widen differences ; taking part now with one , new with the other , under a disguise , that their designes may be carried on . they fish best in all such troubled waters , and improve the opportunities of gaining by our losses . this hath been one main cause of so many out-cries for generall tolerations , under the fair colours of liberty of conscience , that every one might follow his own list . the magistrates power hath been so often cried down and exclaimed against , lest errour and sinne should be any way curbed or checked in their unlimited unruly power . some well-minded christians have been that way so extravagant through mis-applications and mis-interpretations of divers scriptures , that they have too often pleaded the devils cause , in thinking to plead the godlies interest . some would give too much to the magistrate , and others too little . some would destroy ecclesiasticall government by advancing the civil : others would destroy the civill by exalting the ecclesiasticall . these two powers which god hath appointed for the churches good in their respective capacities and motions , some would confound , others would destroy , and others would make them to destroy each other . thus varieties of peccant humours breed still varieties of diseases , in all sublunary subjects , when they break their bounds limited to them by the supream disposer of all . to avoid all extreams in this affair , we finde our selves obliged by scripture and reason to own a magistraticall power authorized by gods word to act officially about sacred things in a civil manner , either in commanding , forbidding , or punishing the externall man , according to gods revealed word , for the lords honour , and mans good : a power we say authorized , not a private charitative act ; magistraticall , not ministeriall ; acting officially , not indifferently ; about sacred things of the first table , in a civil manner , not by ecclesiasticall censures : concerning the externall man expressed in words or deeds , not the internall expressed by thoughts ; according to gods revealed word , not his own fansie , or any mans will ; for gods honour and the publique good , not for any selfish ends . thus we have the subject and matter , the author and form , the manner and rule , the object and end of this magistraticall power , so needfull , so usefull . how much is said for demonstration hereof by the reason of god and of man , is touched at in the following tract , having been fully made out by the learned in all ages . all godly princes , jewish and christian have been rendred famous , more or less , according as they more or less tendred gods interest in this eminent charge . if any object , that the jewish princes were types of christ therein ; we answer , the scripture expresses two sorts of types : some properly for adumbration or representation ; thus the high priest and sacrifices typed out christ , heb. . , . others for imitation and direction , thus gods dealings with israel were types , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or examples , cor. . , . the former types were to expire , the latter to endure : now that power used by jewish magistrates had nothing of a shadow , but much for example , being so commanded and commended of god therein , in performing a morall , not ceremoniall duty . if any object , it was part of the judiciall law : we answer , . let it be proved wherein it was peculiar to the state . . if that were granted , yet the equity of those judicials is still in force , and imitable now as occasion serves ; it s not now unlawfull , though all judicials be not alwaies expedient : gods law is the best rule of our judicials , as king lucius the first christian monarch of brittain , learned of gods word , confirmed to him by letters from eleutherius and others , in the second age from christ , which he also followed ; as did alfred the mirror of princes , and other successors , of their valour and vertue . as for christian emperours , history is full of their noble acts in this way for christ , approved and applauded by all wise christians , in their synods and councils provinciall , nationall , and vniversall . the greek and latine fathers agree in this thing very harmoniously . the very light of nature taught all sober heathens to observe this very thing as a speciall help to mans well being , both for temporals here , and a better state beyond death it self . their famous legislators , charondas , solon , licurgus , zaleucus , plato , &c. their learned philosophers , aristotle , socrates , seneca , plutarch , &c. their chief poets and orators , homer , tully , hesiod , virgill , &c. have many passages to that purpose ; they could not but observe the influence which religion carries into the actions of men , and how much providence hath been found in all ages , smiling upon those persons and societies , who made conscience in a constant tenure of piety and justice , of tendring and promoting the will and honour of the supream god . many hints thereof they have gathered out of holy writs translated into greek ( before that famous version of the lxx , under philadelphus ) and much used in alexandria , whither plato , and other philosophers frequently resorted . the aegyptians also , and phaenicians , and other neighbours of the hebrews , had learned much of the patriarchs and jews successively , which they communicated to other nations , as appears by their poeticall disguises of scripture stories , so abundant in their works . the severall churches reformed in france , holland , switherland , &c. in their confessions and writings , have unanimously owned this power of the magistrate , as of singular conducement to the suppression of evil , and encouragement to the good . many of the learned papists * themselves , ( though the jesuites ascribe so much to the pope and councils , as opposes it diametrally ) have in their sober mood acknowledged the foresaid magistraticall powers upon the said reasons to be very excellently usefull . thus the clear light of this truth extorts acknowledgements from the very adversaries . it 's so much the more sad a judgement to see so many professors of truth prove opposers thereof . these spirituall judgements so common among us , are the worst of all , and usually attended with temporall plagues . when there was no king in israel , no magistrate , no heir of restraint to put the wicked to shame , as it was at laish , judg. . . so it fared with gods own people , they were soon exposed to desolations of all sorts , chron. . , , . whilst every one did what was good in his own eyes , very few could be found doing what was good in gods eyes . for want of such a kingly exercise in the seat of judgement , to scatter all evil with his eyes , prov. . . all kinde of evil gathered so fast , that many a storm followed those dark clouds . the power ordained of god for thy good , saith the apostle ( without exception ) rom. . , , . is also a revenger of every evil , ( without exception , for which the law distinguishes not , we may not distinguish , and if you except one sort of good or evil , you may as well except the other , and so null the text ) and a terrour to all that do evil , so that we must needs be subjects , not for wrath only , but also for conscience sake : the conscience you see is bound , though it be not forced to such an obedience . as the magistrates conscience is bound in his charge as gods deputy to regulate and promote every good of the externall man in religion ; so is he bound in conscience to forbid and punish evil therein , according to its degree . as thus his conscience , so is the subjects conscience bound by the divine precept ; as the one in commanding , so the other in obeying . if any object , this will bring tyranny and slavery : answer , where gods law is the rule , as here it ought to be , there can be neither tyranny nor slavery . . by the same reason you might deny his power about the second table for fear of tyranny , and so make him a cipher . if you say , there is an ecclesiasticall way of dealing with christians : we answer , . all are not christians . . all christians regard not church censures . . christians are to be dealt with by the church in matters of the second table also ; will you deny the magistrates cognizance of that therefore , that he may be vox praeterea nihil ? . the church deals with offenders in its way ecclesiastically , the magistrate in his , civilly ( without interfering ) with their respective members . if any pretend conscience against either , the word of god is the regula regulans that rules conscience , and all things else . conscience is but regula regulata , which obliges not against gods word , nor excuses from sinne : david and paul acknowledge their sins of ignorance , and against a good conscience , and very great , psal. . , . act. . , , . if a man suffer with an erroneous conscience , it s for sinne , not for conscience . is was and is still the great sinne of unregenerate conscience , that it cannot be , it s not subject to the law of god , rom. . . even the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the wisest and sublimest conscience , and judgement before conversion , is thus fleshly ; and some of it remains in the best , as farre as unrenewed . the dictate of conscience cannot be plea for any sinne , though sometimes it may lessen it , it never can null sin . neitheir can any erring conscience discharge any from his duty required by gods word , it can make none lawless as it self may not be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , without law . none therefore should plead for a generall toleration of conscience , because most mens consciences being wholly corrupt , tit. . , , . and the best retaining much corruption , this were to plead for sinne , yea to give publique allowance to sinne , it were to proclaim rebellion against god , to set up a traitor in christs seat , to set up mans fallible conscience for an infallible supream judge ; this were to invite the worst of men and spirits to settle among us , under pretence of conscience : what mischief so horrid in opinion , affection or practise , that such a toleration would not countenance ? what if moses by gods command , did tolerate divorce , for the hardness of their heart ? christ tels us , it was their sinne occasioned it ; the supream law-giver may dispense therewith at his pleasure , so may not any inferiour person . we should not indeed be the slaves of men , as paul forbids , cor. . , . but to have our conscience bound to gods word , and our externall man bound to the magistrates rule , which still is to be ruled by the word , this is to be the servants of god in perfect freedom . the magistrate is bound to use all fit means of satisfying and rectifying mens consciences , especially in things less clear to some , but he must not neglect his duty , because some will still be unsatisfied , no more than the church is to neglect theirs . it 's the snare of an erroneous conscience , that it sins either way , it cannot avoid sin ; there is so much the more need that all means be endeavoured for the purging and clearing thereof . it behoves the magistrate as well as all other superiours , not to make himself guilty of other mens sins , by neglect of his own duty . salomon is charged for going after ashtaroth , because he gave his wives leave to do it , and joined therein afterwards himself . the toleration of the high-places ( though they were for worship to god only , chron. . . ) yet it was the sin of those princes that suffered it a long time , being contrary to gods law , deut. . , , . god charges it , even on godly eminent reformers , as asa , jehoshaphat , &c. till josias . gamaliels counsel , pleaded by some , will prove a poor shelter of fig-leaves to cover such a sinfull nakedness , of permitting known evil with such a neutrall spirit . what wickedness might not be pleaded for by the same reason ? a christian indeed should be meek and patient , cor. . in a good way ; but not to the neglect of his duty against evil , which was eli's great sin , who therein honoured his sons more than god , sam. . . it cost him , them , and all israel dear , for a warning to us all , eccl . . sinfull tolleration brings wofull augmentation of evil still . we must do to others , it 's true , as we would be done to , so that gods will , and mans duty be not neglected . the law indeed is not to the righteous , or against the righteous , as righteous ; but it 's laid against all unrighteousness , whether reigning or remaining in any ; paul himself was not without the law , but under the law to christ , cor. . . jam. . . we should have a tender care of tender consciences , but a most tender care of gods pleasure and honour , the sole rule , and source of mans duty and good . vnfaithfull tenderness is cruell pity , both to the patient and others . the magistrate is lord of the externall man , for good ; though not of any mans faith ; mans soul being above his reach , whereof faith is a speciall act . he infringes no christian liberty , when he checks sinfull libertinism , miscalled liberty : prosecution of evil is no persecution of good . if papists and others take occasion to abuse any from hence , so do they abuse and pervert scripture , and all good things . we must not think to do jews or others good , by doing or tollerating evil . gods cause needs not be beholding to the devils help , nor will it be furthered thereby . white witches are alwaies most mischievous in the conclusion . the magistrates authoritative owning of the truth , is not like to hinder the progress thereof ; he may possibly mistake , and therefore needs all meet help , being accountable to god for the matter and manner of his work . what other objections are moved against this truth , may be more fully answered in the following resolves . decemb. . . c. g. the libertine school'd , or a vindication of the magistrates power in matters of religion . in answer to the fallacious queries of a nameless author , lately spread about the city of limrick . for detection of those mysterious designs so vigorously fomented , if not begun among us , by romish engineers , and jesuitick emissaries , under notionall disguises . thus begins our querist . qu. . whether it be not better for us that a patent were granted to monopolize all the corn and cloth , and to have it measured out unto us at their price , and pleasure , which yet were as intollerable , as for some men to appoint , and measure out unto us what , and how much we shall believe and practise in matters of religion ? ans. . the whole may be granted without danger as it 's expressed . . if we may guess that their meaning by their scope , is to shew by this comparison , the unreasonableness of the magistrates inforcing in religious matters ; then we answer by shewing the fallacy of the comparison , in setting forth the true parallel . the lord is the absolute sovereign of all things civil and sacred ; man is not so in neither , yet is the magistrate the lords servant to enforce by civil power the disposall of things in both , as god hath appointed in his word : for things civil , it 's easily granted ; for sacred matters , besides many other signall instances given in both testaments , by way of precept and promise , prefiguration and president , see deut. . . deut. . , , , , . ezra . . . ezra . , , , , . compare those verses together , proving the kings grant to be an answer to ezra's request , for constituting magistrates with coercive power , in religious things , in gods name , rom. . , , , , . zech. . , , . a prophesie of gospel times : tim. . , . isa. . applicable especially to later daies . qu. . whether there be not the same reason that they should be appointed by us what they shall believe and practise in religion ; as for them to do so to us ; seeing we can give as good ground for what we believe and practise , as they can do for what they would have , if not better ? ans. it 's not reasonable that either they or we should appoint to each other , what is to be believed or practised in religion ; but it 's most reasonable that christs law given to us both , should be inforced by the magistrate , the civil substitute of christ . the former proofs do fully clear this , and many other such places , as also , chron. . , . chron. . , , , &c. chron. . , . neh. . , , , &c. we might easily bring in many instances for each command of the first table , how the godly magistrates acted for god according to his command , were it necessary . qu. . whether they that would force other mens consciences be willing to have their own forced ? ans. no man may or can force another mans conscience ; but the magistrate is bound by his office as the lords deputy , to oblige and force the externall man to the observance of gods will manifested in his written word , though he be unwilling and pretend conscience . besides the former proofs clearing this , see king. . , , &c. though baals priests pleaded conscience for idolatry , yet were they put to death by elijahs command , which execution was attended with speciall blessings , joh. . . they that plead conscience for putting christians to death , it excuses not , but they should suffer for it , according to that indispensable law , genes . . . asa , chron. . . commanded all to seek the lord , and to do the law nehemiah contended with the nobles , and threatned strangers about their abuses in tithes , and the sabbath , neh. . , , , . qu. . whether christ hath said he will have an unwilling people compelled to serve him ? ans. though he hath not said those very words , yet hath he said in effect so much in those many scriptures that testifie the magistrates duty , to that end , either by precept commanding it , or by presidents commended for it , or rewarded in it ; or by the contrary forbidden , reproved , threatned , and punished for neglect , contempt , or abuse of that duty . the scriptures forementioned do fully prove this , as also very many more , were it needfull to quote them . it was the commendation of asa , and his people , chron. . , . chron. . having been stirred up by the prophet , they acted further , vers. , , , , putting down the idolatrous queen-mother with her idoll , for which they were signally blessed . qu. . if a father or magistrate have not power to force a virgin to marry one she cannot love ; whether they have power to force one where they cannot believe against the light and checks of their own consciences ? ans. . the discourse hitherto hath been concerning acts of the outward , not of the inward man , whereof believing is one , wherein the magistrate hath no power nor authority , neither {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , nor {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as is confessed by all : so that the question as worded , is but captious and impertinent . yet if by believing the querist means profession of faith , or practise of religious duties required of the outward man , it 's answered , that though a father or magistrate have no power to force a virgin to marry one she cannot love , yet hath the magistrate power to force one , where he cannot believe , though against the light and check of his conscience . because , . a virgin before contract is not bound to any one person for a husband , but every soul under gospel-publication is bound to own christ for a husband , and his word written for the rule of their faith , profession and practice . . though god allows virgins to chuse their husbands , yet doth he not allow men to chuse any religion besides his own . . as the magistrate hath power to restrain forcibly all women from fornication and adultery , and punish them for it ; so may and should he restrain all persons from spirituall fornication and adultery committed by the outward man , and punish them for the same , though the light and checks of their consciences should erroneously justifie them in their said fornication and adultery ; seeing no plea of conscience can be on any account , a sanctuary to any sin , or breach of gods revealed will . the scriptures formerly named do sufficiently clear this truth . we meet next with an objection proposed by the querist to be answered by himself , drawn from luke . . which being but a man of clouts for himself to skirmish withall , and not so pertinent to the point in hand , as more weakly asserting the magistrates power , we wave , that we may come the sooner to more express matter for demonstration , by this querist cavilled at . qu. . whether the servants of the lord are not forbidden to strive , but to be gentle towards all ? tim. . . ans. . we readily grant it ; and that it was of force of old when transgressours of the first and second table were most severely dealt withall . . the scripture quoted saith nothing for their purpose , in that , . it speaks not of magistrates , but of ministers duty properly , as appears by the whole context , directed to timothy a minister of christ , as a directory for the ministry . . though it should be applied to the magistrate , yet will it not exclude his civil jurisdiction , and power , as it excludes not the ministers : the scope of the place signifying to us , that none of the lords servants should strive for any evil matter , nor in an evil manner , ( though for good ) but against evil in a good manner , as jud. . . gal. . . neh. . rom. . , , . for this they are commended , rev. . , . for the neglect thereof they are rebuked , rev. . . , . rev. . , . to this duty they are also often stirred up , both in their civil and spirituall relations . it becometh not christian magistrates to be cowed in christs cause , nor to betray the same by cowardliness , or by respects , prov. . . exod. . , , , , , . rom. . zech. . , , ▪ . rev. . . qu. . whether the saints weapons against errors be carnall or no ? cor. . . or whether the semi-independents were of that minde in the bishops daies ? ans. . to the first part , ministers weapons ( of whom the text properly quoted speaks ) are not carnall but spirituall , and mighty through god ; of this minde were judicious christians ( whether nick-named independents or others ) in the bishops daies , as they are still . . if we should grant it , to include the magistrates weapons , we deny them to be sinfully carnall , though we grant them to be civilly carnall , and yet according to gods ordinance , rom. . , , , , . pet. . , . qu. . whether it be not in vain for us to have bibles in english , if even against our souls perswasions from the scriptures , we must beleeve as the church or parish beleeves ? ans. . this question is impertinently proposed to protestants , who deny either church or parish to be the rule of their faith ; however it may be among the papists , and all pharisaicall professours of implicite faith , and blinde obedience . . the scripture must therefore be translated into all vulgar tongues , that every man may thereby learn to know and discern , what the church and we ought to beleeve , and to conform his belief thereto . conscience is to be enlightned and quickned by gods light in scripture , that our faith may not be pinned upon any mans sleeve ; but that all , as the noble beraeans , may try all doctrines by the word , bringing all to the law and to the testimony ; that thereby their dark mind may be gradually directed , through that light which shines in the ministry of christ and the church , and their mistakes rectified . wherein their judgements may possibly differ , they are to enquire soberly , diligently , and submissively , till satisfaction be mutually given and received . but this takes not off the magistrates power in commanding the outward man about things clearly revealed in scripture , witness peter , paul , and all the scriptures before quoted . qu. . whether our magistrates and governours be not wronged , to give them the titles of civil magistrates only , if their power be spirituall ? ans. . the magistrate is not wronged thereby , seeing his power is not spiritual , but civil , though sometimes imployed about spiritual things . . our magistrates are truly called civil , because the means and manner of executing their office , their laws and arms , their proceedings and courses , their rewards and punishments , are all civil only , and not spirituall or ecclesiasticall . though their object is sometimes spirituall , as in things of the first table . so that it s their duty to reduce all to gods honour , and therefore to maintain and observe his will revealed , being custodes utriusque tabulae , uti & vindices ; keepers and defenders of both tables , to regulate the externall man accordingly . they act , politically , about ecclesiasticall things , as constantine the great said of himself , and as becomes the nursing-fathers of gods people . their charge is to be the shepheards of nations , as that great prince is styled in history . their power therein is directive , and protective ; remunerative and cumulative ; not destructive , but edificative , as all former texts clearly demonstrate . qu. . whether compulsion of conscience was ever in practise among the nations or churches , till the times of antichrist ? ans. conscience cannot , must not be compelled forcibly by man , yet is it no protection from that sword , which is a terrour to every evil work , and requires obedience from every soul . heresies are such evil works of the flesh , called evil deeds by john , whereof he would have no christians to partake , joh. v. . errours destructive of fundamentals are properly called heresies , especially , when obstinately maintained . that very sword is also the lords servant for good , without exception . there were many christian magistrates before the roman antichrist gat up into christs throne , as constantine , the theodosii , marcian , &c. by whose signall orders were kept the four general councils : . that of nice , against arius , for denying christs god-head , under constantine . . that of constantinople , against macedonius , for denying the spirits godhead , under theodosius senior . . that of ephesus , against nestorius , for dividing christ into two persons , under theodosius junior . . that of chalcedon , against eutyches , for confounding both natures in christ , under marcian . those godly princes convened synods , presided therein , assisted , protected , and quickned them in their severall consults , owned their resolves , and promoted them to their power , giving up therein their scepter unto christ , according to those famous prophesies so gloriously expressed concerning them . they counted it more honour to be membrum ecclesiae , a member of the church , as princely theodosius said , quàm caput imperii , than head of the empire . it was antichrist that usurped on them gradually , and by getting into the magistrates seat disabled him from doing his homage to his sovereign christ . thus the faithfull rulers are honoured in divine records for their singular care of his interest . david and salomon , asa and jehoshaphat , ezechias and josias , zerubbabel and nehemias , with divers others , have signall monuments erected to their same , by the lords own hands upon that account : yea , pagan princes were so far owned of god , as they owned him in that way ; witness nebuchadnezzar , sent to learn that lesson among bruits , in seven years schooling there , because he would not learn it to purpose before of god , by man , for all daniels teachings . thus darius , artaxerxes , another darius , and divers more , are memorably recorded for this . those princes were still rebuked and plagued that slighted and abused the same , as jeroboam and his successors in israel ; ahaez and others in judah , besides many more , that might be named . but the querist subjoyns reasons to strengthen his doubt . r. . the sichemites , saith he , used no compulsion to jacob and his sons , during their abode among them . ans. the sichemits case is absurdly quoted . nihil ad rhombum . they were heathens , who neither owned god , nor his will revealed . jacobs family were no subjects of theirs , no disturbers , no opposers of gods will and worship . they were neighbours entring into league , which was afterwards wickedly broken by simeon and levi . our querist , it seems , is hard put to it , being forced to call in heathens for his rule . r. . the israelites , saith he , when a captivity , yet enjoyed their consciences . ans. the israelites in captivity enjoyed their conscience , so long as they kept to their duty , according to gods will revealed to them : but that cannot plead for tolleration of any thing contrary to gods revealed will . when false prophets did then arise to seduce and corrupt , they met with their due wages from god and from man ; witness the juggling prophets , zedechias and ahab , burnt with fire by nebuchadnezzar , for that sinne common among our libertines , community of wives . as manes the seducer was afterwards flead alive by the persian king for his impostures . r. . the romans , saith he , bore with the jews in their religion , though a tributary nation . ans. the romans instance is little to the purpose , who were pagans , strangers to gods word , and minded nothing but their worldly interest , to keep all quiet under their empire . yet did many of the jewish false prophets suffer under and by them ; witness josephus their great historian and patriot . it was the jews following of seducing impostors which made them rise against magistracy and ministry in their pretence of the light within , and brought both their church and state into confusion , and themselves to ruine by the roman power , and their intestine discords , as the said josephus clears at large . much after the same manner was that tragedy , which was re-acted by those monstrous impostors of germany , munster , leyden , amsterdam , switzerland , &c. in the years , , , , &c. stock and muncer , john becold and knipperdoling , skicker and battenburgh , with many more representing the like sad spectacles , upon the like pretences of christs kingdom , and liberty ; witness so many authors of approved fidelity , living about those places and times . qu. . what would become of the protestants of france , who live under popish magistrates , if they should appear for compulsion of conscience ? ans. as for the french protestants , their doctrine agrees harmoniously with ours in this , as in other points of religion , witness their prime authors . with them accord the divines of germany , switzerland , netherlands , &c. yea , the very lutherans in the case of tumultuous hereticks , ( though they have seemed most favourable towards those more quiet ones , that stirred not then so openly , as many did . ) servetus suffered death at geneva for blasphemy , by the senates order , and with the approbation of the protestant cantons and german divines , who were first consulted with . neither is there any compulsion of conscience in this , but punishment of wickedness , on such who subvert their own and others consciences , in the ruine of all truth and peace . good men need not fear the powers , but evil men must and cannot but dread them . such a liberty of conscience is desired among us and them , as may prove freedom from sin , the liberty of heaven ; not freedom to sin , the liberty of hell . it would be their joy and ours , as it 's our joint desire and prayer , that all magistrates may so study their power in divine and spirituall things , as to countenance all good , and discountenance all evil . if they mistake in the application , that is mans fault , not the rules . none must neglect their duty for fear of mistakes , but be so much the more diligent and vigilant therein . as we may not do evil , that good may come of it : so may we not neglect the good , least evil should come . man should minde gods work , and trust him for help and success . the protestants of france have found the good experience thereof hitherto , under varieties of dispensations . qu. . whether doth not the practise of compulsion of conscience among protestants , greatly harden the papists in their inquisitory practises ? and whether so long as they are hardned and confirmed by us , there be any likelihood that the gospel should take footing in spain or italy ? ans. our doctrine and practise are no encouragement to spanish and romish inquisitions , no more than the execution of justice upon malefactors may be called encouragement to the bloodiness of wicked men , against honest righteous persons . let justice be done , what ever become of it , said that famous emperour , upon good ground . the great favour shewed to the irish papists against the laws of god and man , before the late unparallel'd rebellion , did no good , but much hurt to all sorts . the pampering of a foul body , is no good way to the curing of it , but effectuall physick , diet and dressing . evil men will take advantage from , and offence at the best things , as good men will extract good out of the worst . spain and italy were awed in queen elizabeths time , when good laws were vigorously prosecuted against perverters and pretenders of conscience , who carried on hellish designes , under specious disguises . but the sinfull compliances of king james and king charles courts , though from pretended depths of politick interest , proved fatall to all , as in these nations , so in foreign parts . thereby were very many thousands of protestants betrayed and deserted in bohemia and the palatinate , in france and germany , in denmark and hassia , &c. thereby were these nations almost enslaved under romish and spanish tyranny , and the reformed religion brought to its last gasp , if an extraordinary hand of heaven had not made way towards our hopes of recovery in the severall parts of europe . spain and italy have been the mother and nurse of antichrist from his first rise hitherto , which way soever you please to reckon it . some begin about anno . at the division of the roman empire ( after the death of theodosius the great ) between his sons honorius and arcadius . others begin about anno . when the empire was torn into ten parts , by the barbarous invasions of the huns and goths , vandals and franks , heruls and burgundians , alemans and jepids , &c. which gave rise to that ten-horned beast in politicals ; and to that two horned beast in ecclesiasticals . others rather begin it about anno . when mahomet did rise in the east , and bonifacius the romish prelate in the west , first obtained the title of universall bishop from bloody phocas , who gave it him to gain a friend in the west , who soon overtopp'd all . gregory the great , bishop of rome , bonifacius his predecessor , had declared a while before , the patriarch of constantinople to be the fore-runner of antichrist , for usurping that title of universall bishop . the italian and spanish churches did suck in apace the multiplicious errors and idolatrous superstitions , which did from time to time infest christianity , witness the many councils and synods of rome , braga , toledo , sevill , and of other cities of spain and italy in their successive progress . since the setting up of the austrian family , first in the german empire , and in the kingdom of spain , both italy and spain have been twisting into one antichristian interest ( though some particular states and princes of italy sometimes be over-ruled by their own proper byas . ) and the jesuites of all nations have learned to center all their designes , in the advancement of the same , for the framing of a new european monarchy , under an austrian head , and the popes guidance . all their mysteries of state , their arcana imperii move towards this head-plot , in every nation . they have knit so fast into mutuall intimacy , that what the one gains shall help the other . thus were navarre and france , england and america given up to the spaniard by the popes bounty , under pretence of executing his holinesses decrees . there is therefore little hopes of doing them any good or expecting converts there . their doom seems to have been signally foretold , that they should not repent , neither by fair nor foul means , whilst the judiciall vials of gods wrath are pouring forth upon that antichristian sun , the austrian family ; and on rome it self , the metropolitan seat of that antichristian beast . this our brave queen elizabeth , with her wise council , did still well observe , maintaining all in a flourishing state , by keeping the spaniard and pope , at the swords point . they clearly discerned the interest of england to lie , in uniting of all protestants , and keeping all close to the truth and waies of christ , against the renewed combinations of spain and rome . some few sprinklings of converts have indeed formerly been found in those places , as zanchius , peter martyr , the noble marquess caracciolus of vico , &c. but of late they have been much rarer , since the desperate inquisition , ( the spaniards right eye , as he cals it ) hath been so exquisitely cruell and tyrannicall . thus the nearer they draw to their dregs , the worse they prove . it 's observable , that the great merchants of the beast , the spanish and italian grandees , are not amended by her ruine , but only cast into despairing horrors and lamentations . so that little hope is left us of doing them good , upon any terms , though we be still bound and ready to pray for them , and further their good who may be found there to belong to god , so farre as we may go , without neglect of our duty , and without breach of gods law , which hath been sufficiently cleared , as to the magistrates charge , in the preceding discourse . qu. . whether it be wisdom and safe to make such judges in matters of religion , and to follow their dictates , who are not infallible , but as subject to errours as others ? ans. in this our querist begins more overtly to open his romish pack , and usher in a popish infallibility from the triple crown , for supream judge of all controversies . this insinuation would make protestants believe that there is neither wisdom nor safety in their religion , and consequently that they must be looked for from that church alone , where they pretend that judge to be found , that is in their own . thus the papist and quaker do boast of that most whereto they are the greatest strangers ( viz. ) perfection and infallibility . we indeed confess our selves ( at the best ) subject to errour , and pretend not to be infallible judges . we would not seem wiser than paul , who knew but in part , cor. . . or better than james and john , who tell us , that in many things we sin all , both in opinion and practice . but what then ? who shall be judge of the meaning of scripture ? we answer : . the spirit of truth speaking in his word , is the supream infallible judge . . where he seems to speak obscurely , his words in the context , scope , and other places must be compared to clear his meaning to our shallow judgements . . much industry , study and sobriety are required to attain thereto in sundry places ; yet the fundamentals of religion are plainly laid down for the meanest capacity . the lamb may wade where the elephant may swimme . . he hath appointed his word to be a convincing , converting , and confirming light to all his people . psal. . & psal. , &c. having promised to lead them thereby into all needfull truth , gradually and proportionably , joh. . . joh. . , . . he hath appointed the ministers of his gospel to be the instrumentall lights to guide his people thereto , matth. . , . assuring them of his presence , and speciall blessing to the worlds end , matth. . . luke . . matth. . . till all his elect be compleated in the measure of the fulness of christ , eph. . , . and ordained a way of a successive communication thereof , tim. . . by the solemn calling of persons qualified and duly approved of into the ministeriall office , according to his rules , tim. . tit. . tim . . & tim. . . having appointed them to be the stewards , shepherds , guides and rulers of his flock in their severall capacities , act. . . ch. . . pet. . . thess. . jer. . , . and this to be the ordinary means leading to their salvation , rom. . , . . because they are weak fallible men who are to succeed the apostles , prophets and evangelists ( more extraordinarily called , gifted , and assisted with a measure answerable to the foundation of the gospel , eph. . , . cor. . , , . ) he bids christians not to neglect prophecying ; yet so , as to try all things , as to take nothing without triall , thess. . joh . , . and to redeem all opportunities of receiving and doing good mutually , that they may grow in grace and in the knowledge of christ , heb. . , . pet. . . thus his servants are made subordinately ministeriall judges , by way of declaration , and every particular christians judgement is , as unto himself , the judge of discretion , ultimately to determine the application of gods will so revealed to him , to the discharge of his duty . so farre then as any man keeps close to gods word so declared to him , so far is he infallible , whether he be a magistrate , a minister or private christian : herein lies our wisdom and safety , but not in the pretended infallibility of a romish supream judge , who doth so often contradict both the truth and himself ; witness the many schismes by antipopes among them , to the number of twenty seven at least at severall times , sometimes three at once , and a fourth pope set up by putting down the rest ; witness the gross heresies , horrid prophanesses , desperate sorceries , &c. acknowledged by their own authentick records to have been among so many of their popes and prelates ; witness the many contests , oppositions and contradictions of their own councils , popes and chief doctors to this very day . from what hath been said it appears that we make no man supream judge of truth : but give to every man his judgement of discretion for his own practice , and among the rest to the magistrate , as in his private , so in his publick capacity , of both which they are accountable to their own master . qu. . whether laws made concerning religion , and proclamation for people to come to their town or parish-church , have not alwaies catched the most holy and conscientious men : witness daniel and the three children : and the rest will be of what religion you will ? ans. as for an orderly bringing of people to the publick place where the minister of christ duly authorized is to dispense the word , the thing it self is very needfull and usefull . if any particular branch of our law be found less expedient , that concerns our lawgivers to look to , so that no conscience truly tender , and truly enlightned , may suffer ; and no licentious person may be suffered to spend those precious seasons , and lose the opportunities of his eternall welfare : when godly , able preachers are setled in all parishes , there will be less excuse to idlers and wanderers . till that can be obtained , the nearest may be attended . if any scruple it upon sufficient ground to be soberly rendered to the magistrate , he may be excused from that penalty , which the lazy and careless neglecters may be obnoxious to through their default . if good men have suffered sometimes by the wresting of a good law , or executing of an evil law , shall it be a disparagement to good orders and laws ? what is there so good but may be abused ? corruptio optimi , pessima . shall men for bear their food , because many surfet and riot ? shall there be no wine in use , because some will be drunk ? this a mad seyth , in plutarch may think well of , but a wise man will improve the good and watch against the evil . are not magistrates nurses to their people , shepherds to their flocks , parents to these children ? should they not then provide for their good , and labour to remove and prevent all evil , both spirituall and temporall in their proper places ? qu. . whether freedom of censcience will not join all sorts of persons , souldiers and others , to their officers and magistrates , because each shared in the benefit ? ans. would you explain what conscientiousness you mean , and what freedom , we might answer more distinctly and effectually . christian liberty is indeed a choice jewell , purchased by christ , and given by gods spirit to all his elect , in their regeneration : thereby they are freed from the guilt of sinne in their justification , rom. . . ch. . . & ch. . . from the power and pollution of sinne , in their redemption and sanctification , act. . . . from the remainders of sinne gradually in their progressive renovation . . from the deadly fruits and effects of sinne , the curse of the law , the wrath of god , the loss of all good , and infliction of all evil in their improved adoption . . they shall be freed from all fear of future evil , to enjoy eternall good in their last dissolution from grace to glory , heb. . . . their christian liberty makes them free to all spirituall good in the right use of every creature and ordinance , so farre as their minde and heart are graciously renewed . but for a sinfull liberty to abuse our selves , or any creature and ordinance , either in committing evil , or omiting good , it 's a satanicall liberty , it 's none of christs purchase nor gift . will any sober conscientious christian plead for it ? surely no . those are the vilest drudges that have most of that freedom . do you desire freedom to say and do what you will ? is it not the high way to hell ? the ruine of church and state ? the confounding of all things ? but you plead conscience : why , what do you mean ? if it be a pure conscience it will thus act by faith in love to good , against evil , tim. . . if it be an erroneous conscience , or scrupulous , or dubious in lesser things , there is a christian way to satisfie such with tenderness , prudence and fidelity , to the rectifying and setling of them prescribed , rom. . phil. . , . gal. . . but if it be an evil conscience , a corrupt , a seared , a blinde conscience , that is a dreadfull evil indeed , tit. . , . tim. . , . tim. . , , , , . such are not to be dallied with , no more than the leprous , poysoned and ulcerous bodies , that call for purging , dieting , and looking to narrowly , tim. . , . tit. . , . can you think a licentious liberty profitable to any man ? is it for the patients good that he be forsaken of his physician or chirurgion , and left alone undressed , unlooked to ? is it profitable to any family or society , that the members thereof should be left in a disordered , disjointed posture ? is it for the profit of church or state , that their severall members should be left to their own fansie and will , to move as they list ? will not such dreadfull convulsions prove most deadly symptoms in the body politick and ecclesiasticall , as they do in the body naturall and oeconomicall ? is this your egregious method of joining all inferiors to their superiors ? is such a confusion the way to settlement ? is this libertinism the way to any true good , spirituall or temporall ? are not officers like to command bravely when their souldiers must be left to their own will ? are not magistrates like to speed well , when their subjects shall own no law , no rule , no charge , but as they think good ? are not parents and governours of families in a hopefull case , when the reins are laid on the neck of children and servants ? is not every man naturally full of evil , and bent to evil , empty of good , and backward thereto ? are not the best still minded of their emptiness , insufficiency , selfishness and unworthiness ? that paul himself is feign to cry out , rom. . . oh miserable ! &c. no wonder if the world be set on fire , when young giddy phaeton gets into his fathers seat . could your rhetorick prevail , what a metamorphosis should we have in every relation and condition ? how soon should we see the liberty of christianity turn'd into the liberty of bestiality ? first perswade men that darkness is light , and hell better than heaven . qu. . whether those states , as the low-countries , who grant such liberty to souldiers and others , do not live quietly , and flourish in great prosperity ? ans. your last shews more of the scorpions tail in your serpentine eloquence ; you spread your poisonous spawn in plausible queries still . later anguis in herba . thus the old serpent began and ended with our first parents to delude and destroy them . you would fain make us believe that your pretended liberty is the way to quiet , to flourishing , to prosperity . ad populum phaleras . do you think so indeed ? why then do not your ghostly fathers in italy and spain study to promote this excellent art ? do they want contrivers and engines , that have so many thousands of jesuites in every corner ? that can spare such swarms of unclean spirits and romish locusts , to darken and devour all the budding hopes of truth and peace among us ? do they want a minde to attend their own interest , who spend all their skill and strength about it ? no , no , they know the nature and issue of that forbidden fruit , as the devil knew it in perswading eve on the like account . it will teach you the worth of good things by the loss thereof : you shall see your nakedness and shame by sad experience . have you forgot what amsterdam , arnheim and other cities of holland were like to have gotten by such a liberty in . a while after munsters tragedy ? were not those famous places like to have fared as bad as munster it self , by the prodigious excess of the fanatick anabaptists , if the wisdom and extraordinary care of their magistrates had not prevented it ? if you doubt of it , reade conrad . erestachii historiam anabaptist . cum notis theodor . strackii , & lambert hortens , amsterod . . did you never peruse the wofull tragedies that were acted in germany and switzerland , from the year , till , to the destruction of ( say the least ) of ( say many ) of ( say others . ) if you doubt of the truth thereof , reade your friend cassander , confirming what bullinger , sleidan , nicolas blediskio , in histor. . davidis georgii : guy de bres . cloppenburgius , and other godly discreet writers have recorded of those times and places wherein they lived . were not those superlative villains the fruits and effects of your desired licentious freedom ? do you long to try it and put us on the triall ? felix quem faciunt aliena pericula cautum . but holland flourishes yet , say you , under such a liberty . if they flourish , the more beholding are they to that divine providence who preserved them so wonderfully from that ruine threatned in , , and other times by stirring up their rulers in a singular manner to watch against the pernicious issue of the liberty then too much indulged . they have smarted deeply of late , and are like to smart more yet : god hath not done with them : neither is that liberty pretended such there in all parts , as you would make us beleeve : but if we should grant you all , were it not a sad reasoning to argue from an externall accidentall prosperity to the good estate or well-doing of the persons ? might you not as easily prove the excellency of the mahometan religion , of the great mogul , or tartarian prince , because of their great pomp and victorious success ? do not the worst of men enjoy often most of the world , being fattened for the slaughter ? confusion and desolation are the genuine fruits of libertinism , promiscuously granted in religious mattters , as well as in civil ; if it be for a while retarded , it will but aggravate sinne and judgement . stoppage will be found no paiment at the last reckoning . after the captious queries answered , we meet next with more insinuating questions about the toleration of quakers , first , generally expressed thus , whether imprisonment or other corporall punishment may be inflicted upon such as hold errors in religion ? and whether that be the best way to prevent their increase and recover them ? ans. this next enquiry is it seems about the quakers , the most notorious impostors that ever appeared , whose principles and practises are sufficiently discovered , as by their actings , so by their multitudes of railing blasphemous libels scattered daily in all parts . what desperate mysteries of iniquity they drive on , hath been abundantly demonstrated ; . by the recantations of divers of them . . by the severall discoveries in every part of these nations , witness the magistrates and ministers in every county , as you may see particularly in the many books printed of that subject ; the summe of their religion being popery and paganism , yea atheism refined , is on design driven on by numerous jesuites , friars , and other romish engineers to make a distraction and party fit to serve their own ends , that having lost our truth and peace , we may be fitted for their will . the many jesuites and friars that have been already detected under various disguises , testifie so much , as ramsey of exham near new castle , the anabaptist teacher , circumcised at rome , and pretended here to be a convert jew . coppinger the franciscan friar in his discovery to mr cowlishaw of bristoll . some lately imprisoned ; some executed in england : others in spain having declared so much to english merchants . thirteen of them sent out of portugall two years ago to that purpose , well known to a merchant then in those parts : six at another time discovered teaching among the quakers , being their prime leaders , &c. yet such diabolicall jugglers can finde patrons every where , yea thousands of followers ; themselves having reckoned a while ago in their list , having account of their party in every town , a publique treasury , ( as we understand from good hands ) agents beyond seas with the common enemy , labouring to debauch our army from their officers , the subjects from their magistrate , the people from their ministers , ( whom they most stomack at , as the wolves do at the flocks guardians . ) thus the old serpent , proteus-like , changes his shape , though not his nature . what he could not effect by the popish and malignant sword , nor by the prelaticall cassandrian compliance , he hopes now to gain by universall toleration , the grand idol and image of jealousie , which our age is to abhor most , if they desire to avoid the consuming wrath of our jealous god . the footsteps of that serpentine deceit , we may trace from age to age , from the very apostles daies . divers learned pens have taken pains to demonstrate it ; and mr baxter lately in his vnreasonableness of infidelity . the wretched opinions and courses of the old gnosticks , carpocratians , &c. were renewed in germany when the reformation went forward there in luthers time , and are again broached out to the very dreggs among us . yet some difference appears in the dressing ; least this crambe recocta should nauseate ; these methods are refined and sublimed , that such spirituall extracts may be most quick and operative . the gross parts of popery , paganism and atheism , like the caput mortuum , are now laid aside , that the mercury , sulphur and salt thereof may be more effectually improved , sutably to every ones condition . this prince of darkness would scare people , were he not transform'd into an angel of light . his ministeriall engineers must therefore appear under a pharisaicall monkish garb , pretending much to externall righteousness , and self-denial , that their plausible colours may disguise their horrid inside . were not the ratsbane well sugard , it would not so easily take . what could not be done by seekers , levellers , arminians and ranters , shall be now better carried on by quakers , the sublimat of them all . what stock and muncer , john becold and knipperdoling , ba●tenburgh and david george , hophman and menno , paracelsus and jacob behmen did but attempt in germany , these expect now to perfect among us . what the italian and polonian socinians did but scatter in few places , shall be now commonly divulged and readily promoted , as the only truth and light , though it be old abominable darkness . a pretended christ and light within shall serve their turn to disgrace and destroy christ and light above , as far as they can . therefore jacob behmens books so mysteriously monstrous , and the socinian bewitching pieces must be englished for the vulgar ; the press must be crowded with multitudes of direfull libels without controll , and when their denying of scripture will not carry on the work , now they will own it , and seem most for it , but so ambiguously , that every part thereof shall be wrested , and their meaning not known . if their former way of cursing and railing serve not , they will now grow mild and gentle , to insinuate the more effectually . thence so many are gained to them , either common atheists , or carnall hypocrites , or at the best young christian novices , that were never soundly principled . i need not repeat what hath been so sufficiently cleared by so many faithfull pens of late , about this quaking generation . but may not something be pleaded for them ? yea very much , the worst of evils never wanted patrons , witness our querist in these following insinuations . qu. . whether the scriptures appoint any other punishment to be inflicted upon hereticks , than rejection and excommunication ? tit. . . when hymeneus and alexander made shipwrack of their faith , paul delivered them to satan , tim. . . there was no writ capiendi granted , or any compulsion by the civil magistrate ? ans. . this fallacious sophism concludes from a particular affirmative , to an uuiversall negative , against all rule of scripture or reason . hereticks are to be punished by rejection and excommunication , tit. . . granted ; this is the church-censure upon their members ecclesiastically dispensed : hymeneus and alexander made shipwrack of their professed faith , and therefore were delivered to satan by paul , tim. . . granted : this was an apostolicall censure . there was no civil magistrates censure then could be had , therefore there should be none where it may be had : this is a non consequence . and what other punishment doth the scripture appoint for hereticks ? what laws about them ? very many , both in the old and new testament , as you may see fully demonstrated by all our reformers on this subject , as zanchy , calvin , beza , polanus , chemnitius , &c. and lately by the whole synod of new england , in their resolves . and by mr cobbet , in his solid tract of the civil magistrates power , printed anno , besides many others . do but examine those pieces and judge : if your leisure serve not , then do but view what hath been said already , and confirmed by deut. . , , , &c. deut. . , , &c. josh. . , . & chron. . chron. . & . ch. . dan. . nehem. . zech. . , , . rom. . , , , &c. wherein you have the authority of the magistrate to command , forbid and punish by civil censure , and rule the externall man ( whether in speech or action ) in all things clearly declared by the word of god , and that for a godly peace . christ gave by his own practice , joh. . , . a sufficient intimation to all christians in authority , what care they should have of purging out and preventing corruption in worship , and he repeated it with renewed rigour , matth. . mark . luke . in the first execution he throws out the buyers of oxen and sheep , in this second the sellers also : at first dove sellers were gently spoken to , to carry away their truck , but at last their seats also are overthrown . christ saith at first , you have made my fathers house an house of merchandize : but at last , ye have made it a den of theeves . thus the zeal of gods house , that inflamed david the type , had now eaten up christ the son of david , the grand anti-type . therein ( as the learned beza , melancthon , paeraeus , snecanus , ainsworth , dike , &c. observe ) christ acted extraordinarily , because the ordinary help was neglected by the magistracy and ministry , as for the manner : yet in effect he did shew what should be done in the like case by the magistrate in his place , as also by the church in their place , as in the case of phinehas , numb. . of elijah , king. . . of samuel , sam. . , &c. those malefactours were extraordinarily executed by the lords servants for breach of the first and second table , because the magistrates duty was neglected therein . . that law of christ which authorizeth the magistrate to act for him , under him , and like him , in punishing the breaches of every command , whether of the first or second table , doth also regulate him in that execution . . declaring his power to be civil , not ecclesiasticall , by civil orders , proceedings and censures , not by such means as he appoints to his church . indeed the magistrate may also be a church-member , but in this he acts not as such , but as a civil officer , yet under christ . . his power reaches to things that concern the outward man , whether verball or actuall , not mentall and secret . . in those externals he must have a clear rule of gods word , either expresly or by sure consequence , not his own conceit , or any mans will . . therein he must proportion the punishment to the nature of the transgression , whether lighter or heavier , for matter or manner , to avoid foolish pity and rigorous cruelty . . his end must be a godly peace , tim. . . that thereby all may be quickned to a peaceable life in all godliness and honesty : thus the magistrate is given as an ordinance of god , rom. . . being a power ordained of god for a terrour to all evil works , v. . yea , the ministry of god for mans good , v. . and that for conscience sake , v. . to be done and obeyed . thus acted pious job , ch. . declaring corruption of worship in covetous idolaters to be punishable by the judge , job . . , , &c. thus moses the magistrate , by gods command , punished the breaches of the sabbath , abuse of gods name , idolatry , &c. thus joshua that noble conquering protector of israel , resolved himself , and advised others , josh. . & . & . chap. thus abraham that faithfull prince ordered his charge , and was so favoured of god for it , gen. . , . thus victorious david , wise solomon , valiant asa , zealous jehoshaphat , heroicall josias , noble nehemiah , acted gods part , in ordering the affairs of gods house , directing his people , punishing the abuses of his worship , &c. which the lord records for a monument and crown of glory to them . thus for the new testament god himself promiseth , isa. . . to give such nursing fathers and mothers of a royall bloud and spirit , who shall instrumentally build up zion in mercy , and pull down babylon in justice , rev. . compared with rev. . ch. . & ch. . when christ is generall of the field , his followers , jews and gentiles , the two armies portraied out , cant. . . zach. . , , . shall be more zealous for his house , than for their own . but our querist pekes . qu. . whether persecution for conscience doth not harden men in their way , and make them cry out of oppression and tyranny ? ans. persecution of good is evil ; but persecution of evil is good . . a good conscience must be preserved , an evil conscience must be renewed . . a godly conscience will abhorre every evil , but a pretended conscience will plead for evil . . a true conscience will thank the physician that cures it , though with smart ; a false conscience will cry out against the physician and smart , to retain its evil . . a wise conscience will cry up the judicious care of gods servants , for good , against evil ; but a foolish conscience will cry down both , for evil , against good . . god gives not over his care of mens souls , for causless out-cries ; neither will his servants neglect their duty for groundless calumnies . qu. . whether to convert an heretick , and to cast out unclean spirits , be done any other way than by the finger of god , by the mighty power of gods spirit in the word ? ans. . heresie is described , tit. . . to be a self condemning errour , perverting gods truth , and mens souls . what course is to be taken by the church with a member pertinaciously offending , is there also declared : it 's a work of the flesh , and what course is to be taken with a member of the state by the magistrate for such an evil work , we reade also . hereticks in all ages have troubled the church , and very few were ever reclaimed . for years after christ , satan employed many such engineers to undermine religion and disparage the profession of christ . thus simon and cerinthus , menander and ebion , disturbed the apostolicall daies . sabellius and marcion , priscillian and samosatenus , arrius and macedonius , nestorius and eutyches , with many more , succeeded them in opposing the person and office , the nature and grace , the spirit and truth , the sabbath and ordinances of christ . the roman antichrist contracted the substance of all them ; and no sooner did reformation dawn , but all parts of europe were infested anew with that poisonous vermine . mans dunghill heart yielded still matter and help to such a hellish brood . what the gnosticks did of old , and the ranting crue of germany in the last age , we finde sadly revived among us now . the conversion of such is very rare and difficult , witness the apostle ; such being given up to the raign and vigour of delusion . those spirituall judgements that give up mens consciences to that efficacious power of hell , are the most dreadfull judgements , bringing most of them to that sin unto death , which puts them into an impossibility of repentance and salvation . it 's indeed the finger of god , by the mighty power of his spirit in his word , that must do the work , when ever it s done . there is the more need therefore that all means should be used with diligence , in subordination to that powerfull spirit and word of his . thereby some german and brittish jesuites have been converted , and indian * pawawes , reduced to christian faith . the magistrates help hath often been found very effectuall thereto , if not to convert the seducers , yet to prevent their infection from spreading , and plucked many as brands out of the fire . their mouth is to be stopped from biting , and their hands to be kept from abuse , whilst their phrensie rages and ranges like a gangrene . a bedlam may cure many such mad pranks , or at least tame them . the prudent zeal of one magistrate doth often in such a case more good than the labours of many ministers . to be plucked out of the devils snares is a mercy that god affords , by blessing the endeavours of his servants , as by his word , ecclesiastically ; so by his sword , magistratically . such seducers being reclaimed by those censures sanctified to them , will bless god and man for these healing wounds received in the house of friends . . unclean spirits denote in scripture , sometimes devils , sometimes wicked men , the devils instruments ; sometimes wicked mens lusts , serving the devils purpose . all societies are too often pestered therewith , and their ejection is chiefly to be minded . the principall efficient of that cure , is indeed the mighty spirit of god : his powerfull word is the principal instrument . yet are men and means appointed and blessed of god in subserviency thereto . christ himself told his disciples , that their unbelief hindered such a cure from being perfected , upon that famous patient ; some of them being so tenacious , that they go not out , but with prayer and fasting . it 's dreadfull to see mens bodies possessed with such guests , but their souls possession more frequent and terrible , is not so much dreaded , because less sensible . the sad symptoms of such a possession are so wofully manifested in the quaking crue , that it infests all parts among us . it concerns all sorts among us , if ever , to observe christs method for their ejection . they fume and foam , they range and rage ; tossed they are from one extream to another ; sometimes cast into the fire , then into the water ; first ranting , then quaking . the filthy excrements of these unclean spirits boil so excessively within them , that they do enormously work out at every part of their bodies . their feet ramble , their tongues rail , all the faculties of their souls testifie the strangeness of their inmate . he that but observed within these few years , what horrid things have appeared before multitudes of people , from that miserable generation , cannot but wonder at gods patience , the devils malice , and those wretches wofull state . the poison hath seized on their brains and spirits , as the pestilence is wont to do , and casts many into phrensies , others into lethargies . the ranters were merrily , the quakers are melancholically mad : those had more of the fire , the legions that possess them shew varieties of tricks , and are shifting daily , that they may best sute the various complexions of men and seasons . ranting paracelsus and fanatick behmen are out stripped in their horrid jugglings , by these up-start disciples of theirs . david george and the rest of those german impostors came short of these . the great patrons of quakers , mahomet with his dervis in the east ; the romish dominick and francis , benedict and ignatius ; katharine of siena , and bridget in the west , can hardly parallell them : yea the brachmans of the eastern , and the pawawes of the western india's can hardly out-match them . when so many spirits are abroad to represent the tragedy of hell let loose , doth it not concern all superiors in civils and spirituals , to look narrowly to themselves , and to their respective charges ? should not that warning be cautiously improved , which christ himself gives in such a juncture ? they are indeed spirits nimble and supple , shifting and active , crafty and restless ; hardly discern'd , but wofully felt ; easily piercing , hardly removed ; soon infecting , difficult to cure : but they are unclean spirits , bearing their fathers image ; lying spirits in every word and act ; as the devil of old by his pythons and oracles : so do these still speak ambiguities . slippersy spirits , that easily shift off the strength of scripture and reason , by equivocations and roving about : scarce a scripture word do they understand in a scripture sense , but use that language only to deceive the simple . their christ , their light , their heaven and hell , their perfection and righteousness , when brought to the touch , prove but chimaera's , and fanatick conceits . that pure convincement of the ranters ( as the quakers call it ) of god being all things , and all things god , appears to be their grand principle , but trimm'd anew , to please the better . they finde no fault with the ranters principles , though they blame something of their practise ; witness their books , complaining that they had a pure convincement , but they sank in the flesh , and grew too loose . atheism , in a word , the bottom of all evil , is the spawn and substance of these unclean spirits . their venom , like that of the * tarantula , kils suddenly , in the midst of pleasing dreams , making their disciples dance about the brims of eternall wo . what think you of these things ye sober christians ? do not these nations need good physicians , and utmost care to prevent the subversion of all ? do not our state-physicians finde work enough among such a variety of bedlams ? is not this calenture to be looked after with all diligence ? are not we all bound to sollicit heaven day and night , that such unclean spirits may be cast out ? could you but conceive what direfull spectacles the stage of germany felt and saw , at the breaking loose of such a hell among them for near twenty years space , you would fast and pray to better purpose , than you have hitherto done . these unclean spirits do most storm at those spirituall physicians , that would gladly be helpfull to them . what hope then of a cure that way ? they will not , they cannot hear them with sense , patience , or manners . what hopes of help below , but in a bedlam or bridewell , for such ? who can tame these , but the magistrates power , under god ? in bodily phrensies , we finde still hard usage to be the best means of cure to the patient , and safety to the rest . the like hath been found often in this very case , witness that blasphemous villain of andover , who stiled himself the bridegroom , and his trull ( enticed by him away from her friends ) mary the lambs wife . the justice of the bench , and the executionlash reclaimed them out of their madness , by the sense of shame and pain , to bewail their folly , and publickly curse their seducers . to be sure , if the magistraticall rod , appointed for the fools back , do not convince their folly , and teach them ; it will teach others wisdom , and prevent that horrid confusion , which otherwise is like to overflow all our banks . if these bears cannot be tamed , they had need be chained , except we love to see them do mischief . qu. . whether , if no civil law be broken , the civil peace be hurt or no ? ans. . where there is no law , there is no transgression : for sin is opposition to the law , both privative and adversative , habitual and actual . the law of god is the revelation of the divine will touching mans duty . the civil law then must be the rule set among men , by authority , in conformity . that is understood in its large signification , comprising all sorts of humane orders ; for in a strict sense , the civil laws signifie the imperial law , called civil , in distinction from our municipal law , which is either common or statute law , the standard of good manners in this commonwealth . this law of ours , being the quintessence and extract of the best laws known among the brittains and romans , saxons and normans , refined for english use by the saxon wittagen-mots ( or general assemblies ) and english parliaments , is indeed the choice rule and fountain , the mother and nurse of our civil peace , when execution answers their institution and constitution . peace in general sense , is the harmonious agreement of things , attending their orderly composure and motion . peace with god ( by christ conjugally embraced ) produces peace of conscience in man , and civil peace among men . our civil peace must still then have reflexion upon our civil law , and that upon the divine law . whilst the law is thus kept , peace is not hurt ; so the querist is answered . but would not he insinuate , that the quakers and corrupters of our religion break not the law , and therefore not the peace . ingenuity it self can make no other construction of his dubious query , compared with his title and scope : if so , then we answer : . our lawyers can more exactly acquaint him with the many branches of our common and statute laws , which are continually broken by this lawless brood . they that make so light of the divine law indited by the spirit of god , penned by the prophets and apostles of christ , and given to man for his eternal good , in conforming him , through grace , to the lords image ( whose extract and representation it is ) are not like to be very carefull of mens law , in any sense . the beams of that good , just and holy law , which do shine through the several parts of our english laws , carry too much light for such birds of darkness , who can like and will own none , but their light within . the light above and about them is so offensive to them , and so little valued of them , that the brightest beams of scripture light finde no credit nor favour with them , if not suted to their phantasticall light . their own light is their law , as it 's their god , their christ , their perfection , their righteousness , their all . all the laws of god and men must be reduced to that standard . they judge themselves still observers of the law in the most egregious breaches thereof : for indeed , what law can they break , whose will is their only law ? sometimes they pretend that will in them , not to be their own , but gods will . but that easily appears to be but a cunning shift , to father their will on god , as they do their light and all . as then their law is in their breast , though they be daily convinced ( by every one that speaks with them , who hath not lost his reason and religion at once , and particularly by authority ) of their foul transgressions , yet are they still faultless . they witness perfection . you do but mistake them . they cannot sin . they cannot break the law . all authority is tyrannical , that humours them not . the best ministers are fools and knaves to them . none knows and keeps the laws but themselves and followers . dare you then after this , charge or punish these men for breach of any law ? no , by no means . they are but misunderstood . their railing and cursing , their slandring and wandering , their idleness and irreverence , their disobedience and seducing , their errors and blasphemies against god and christ , against the divine trinity and holy spirit ; against the scriptures and ordinances of the gospel ; their contempt and scorn of all goodness and good men ( not dancing after their pipe , ) these are no breaches of law , but degrees and signes of their perfection . their pride and passion , their malice and hatred , their choler and rage , their atheism and ignorance , their deceits and charms are but conformities to the light within . yea their pharisaicall abstinence and fastings , their formalities and ostentations , their disorderly speeches and carriage , their opposing of orders from god and his servants , their self-conceitedness and self-confidence , must not be thought breaches of law , but fulfillings thereof . in a word , if you think they can break the peace , by breaking the law , you are much mistaken , for they are a law to themselves ; and the utmost mischief they can do to us all , ( that comply not with them ) is but the fulfilling of that law . qu. . whether corporall punishment , either by imprisonment or otherwise , for errours , is not a means sometimes to destroy mens bodies , and possibly prove a prevention of their conversion , seeing some are not called till the eleventh hour , and if they be cut off the seventh hour for their errours , how shall they come in ? matth. . . ans. errour is a crooked deviation of a mans judgement from the truth of god . that truth is considerable , either in the divine being , or in the emanation thereof . truth in gods essence , is essentially and personally considered . essential truth is god himself , in the eternal unity of his divine excellency . truth personally expressed sets forth each of the three divine persons , subsisting in the divine essence , distinguished by their personal properties ; the father is truth begetting ; the sonne is truth begotten ; the spirit is truth proceeding from the father and from the son . truth in the emanation of the divine being , or the truth of god , is the conformity of gods expression to himself ; which is considered intentionally , verbally and actually , in his thoughts , words and works . i. the truth of his thoughts is called his purpose and decree , pleasure and good will to signifie his eternal councel fore-ordaining all future things . this is an absolute , entire , perfect and unchangeable act of the divine will , about the good and evil of future beings , as of themselves , especially about rational creatures , men and angels . this divine truth , or act , as it respects evil , is called permission and regulation ; as it respects good , it 's called fore-ordination . as it respects the objects of divine benevolence , it 's called election and predestination : election , chusing them in christ to glory : predestination , fore-appointing them to conformity and adoption by christ : election , called also his fore-knowledge ( which in the hebrew imports affect and effect ) regarding chiefly the end , and predestination the means to that end . that eternal purpose , as it regards the objects of gods disowning , is called reprobation and predamnation . reprobation , being properly an act of sovereignty , ( we cannot speak of god , but after the manner of men , with distinctions and denominations extrinsecal , though he be one pure act , all the change being in the creature ) is also called preterition , non-election , and non-predestination , properly regarding their state and end absolutely . predamnation being an intended act of justice properly , considers the means with tendency to that end , viewing such under the consideration of future sinners . the like denominations may be given to divine purpose , about angels , consideratis considerandis . thus of intentional truth . ii. the verbal truth of god is called his word , which is the declaration of his mind and will , revealed to man , concerning himself and all his creatures . this he did manifest to adam in his creation , writing it upon his soul in the characters of his own image ( in perfect knowledge , righteousness and holiness ) and by positive significations of his pleasure . after his fall , and successively to others , this truth of god , about the salvation of his elect , in and by christ alone , with all things else needfull to be known , he did variously reveal unto men by inspirations , dreams , visions , oracles , paternall traditions , &c. and from moses time saw it fit to give it in writing ( for a sure record to all ages ) by inspiring and inditing the same upon the spirits , and by the pens of his holy . prophets and apostles , successively , in an immediate , infallible and extraordinary manner . thence are we said to be built upon their doctrinal or scriptural foundation , holding forth christ , ( as we are properly on christ himself , the personal foundation , held forth by them . ) these writings are called the holy scriptures of the old and new testament , containing all things needfull to the salvation of gods elect , and the common good of man , called therefore his laws and statutes , ordinances and precepts , testimonies and judgements , &c. being the perfect rule of truth and grace , faith and obedience ; gods mercy and mans duty ; requiring from man , truth mental , oral and actual , i. e. a due conformity of every thought , word and work , to that truth of god declared . iii. the actual truth of god is manifested in all his works of creation and providence , carrying on a constant , perfect conformity to gods intentional truth , as also to his verbal , in order to his supream end , his own glory ; by the seasonable and admirable dispensations of all his attributes , especially mercy and justice , towards men and angels , in the most wise , holy and powerfull preserving of all his creatures , and all their actions , as they were all created of nothing by the word of his power , in the space of six daies , and all very good . errour then being a crooked deviation of mans judgement from the truth of god revealed , will admit of several degrees and considerations , according to the varieties and imports of that truth , and mans deviating from it . some truth is natural , some moral , some spiritual ; about external , internal and eternal things . some are fundamental of salvation , some supra - fundamentall , ( or juxta ) others more circumstantial and superficial . errours in fundamentals , about the perfection of god , the trinity of divine persons , christ the mediatour , god-man , the fall of man , his forlorn state , his absolute need of regeneration , faith , repentance , obedience ; as also of the sufficiency of scripture , of mans eternal state , &c. are properly called heresies , which if obstinately persisted in , after due means used of reclaiming such , render men unfit for christian communion . supra-fundamental truths are the next built on them , which admit of various debates among the learned . errours against them are dangerous , but not so pernicious as the former , especially if the person erring be humble and teachable . such are many points of worship , discipline , &c. circumstantial truths are more external , about place and time , order and manner , &c. expressed in that usuall verse , quis , quid , ubi , quibus anxiliis , cur , quomodo , quando . errours against these are bad , but nothing like the former . this needful explication will clear and answer to the query . the punishment for errour is not to exceed the nature of that errour , and the manner of holding it ; whether ecclesiastically , by the church ; or civilly , by the magistrate . the truth of god gives a rule for all such cases , either in express words , or in clear consequence , to be exactly studied and observed , by all persons concerned , so that the ends of that punishment be attended , viz. gods honour , and the publick good ; with the parties also , as farre as may be . the church meddles not with civil censures , such as imprisoning , having its proper way of admonition , suspension , excommunication , &c. for its offending members . imprisonment and other corporal punishments for errours require a sufficient cause , as in case of herefie endangering mens souls , disturbing gods service and the publick peace , &c. a godly magistrate will be heartily glad never to meet with such occasions ; but when he doth , as he cannot but be often forced to in this revolting age , it concerns him to attend those forementioned ends with zeal and prudence , lest foolish pity spoil the city , and lest seeming gentleness prove real cruelty to many . destructive errours , specially blasphemous ones , are the malignant humours of mens consciences , which endanger them and thousands besides , in their eternal state . such persons , especially if obstinate , are the very plagues of the body politick , endangering the whole . what mischiefs may not such pests procure , if without restraint ? as sad experience shew'd in the familists crue , whereof henry nichols was leader , followed by hacket , coppinger , and arthington ; till hackets execution and arthingtons recantation had repressed the fury thereof in q elizabeths time . the grundletonians in yorkshire , acted divers such mad pranks , as valentinus , basilides , and the carpocratians of old were wont . out of the north have we had the like impostors of late , to confirm the proverb , omne malum ab aquilone . such phrenetick persons had need be closely kept and look'd to , for their own and others good . such mad folks cannot be kept from hurt , but by being kept from company . if restraint may seem to endanger their bodies , they must thank themselves , so long as care is taken for sutable accommodations . it were to be wished that fair means might prevent that rigor , but if the patient , by his folly , necessitate his chirurgion to bind and wound him , who must be blamed ? if such belong to god , he will bless that very dressing to the humbling and healing of them , whether in the seventh or eleventh hour ; he best knows how to order it , to the fulfilling of his eternal purpose , on such vessels of mercy , to be prepared for glory , through grace . thus manasseh that bloody wretch , was changed in his prison , and not till then . his heart was there broken and cured wonderfully . the hammer of that weighty punishment drave home to the head into his heart the many instructions of gods word , which he had so long heard and despised , being guided by the hand of christs spirit . thus the believing thief repented at his execution . the prodigall child came not to himself , till his misery , justly procured , was sanctified of god , to the opening of his eyes . england hath had experience of some late quakers , horriby blaspemous , much reclaimed by the prison and lash ; and ireland knows others of that tribe , who are come back again to sobriety , by the sense of that poverty , whereinto their idle courses and ill companions had reduced them . but if any such grow worse still , as is the usual lot of such seducers , by a dreadfull judgement of heaven , it will fall on their own heads , and that penalty will do others much good , if it do them but little . it may deter many from the like excess , so that paena ad paucos , proves terror ad omnes . it keeps them from doing more mischief , and from increasing their sins and eternal sufferings thereby . though lions and bears nature be not changed by their chains , yet is their mischief restrained usefully thereby . better have the devil bound then loose , though he will be a devil still . the duration of every mans life is certainly fore-appointed of god , beyond which he shall not pass . this will not indeed excuse any mans wilfull neglect of himself or others , yet it may satisfie mans heart , upon the unchangeable event of things . he that appoints the end , appoints indeed the means subservient thereto : when therefore his providence indispensably necessitates the defect of the means , it clearly signifies that it 's gods purpose to have such a thing come to pass . joseph comforts his brethren on that consideration ; though they had used ill means , god over-ruled them to a good end . but if such malefactors hasten their own end , by unlawfull means ( as * parnell lately in colchester gaol did starve himself to death , by fasting ten daies wilfully ) and ill demerits , they can blame none but themselves . qu. . whether compulsion of conscience do not make differences arise to a greater heighth , which if men were left to their own light , what is not of god would far more easily fall ? ans. conscience properly cannot be compelled , it being the reflexion of mans judgement on himself , with respect to gods judgement . such is the nature of humane souls in their intellectuals , that they cannot be forced , though they may be moved by external objects . god alone is the lord of conscience , he made it , and knows how to rule it at his will . conscience is his royal fear , his throne of majesty , his deputy and witness , his recorder and judge , his teacher and executioner in mans heart . it was thus perfectly before the fall ; but it 's now corrupted by mans sin , and little remains of that glorious fabrick , but ruinous heaps , though enough to testifie the wofulness of that fall . in the most , it still lies under darkness and death ; the devil being gotten into gods seat , by just judgement doth usurp further , in playing the pranks of a dreadfull jaylor . in the regenerate , conscience is purified , and restored to its primitive use in part , though much evil remains there , as in other faculties to be gradually removed . conscience then cannot be constrained , but the evil of a pretended , perverted conscience may be restrained . if that officer that should act gods part in mans soul , be bribed by satan to take his part , through the compliance of inward corruption , against god his sovereign , he may surely be called to account for it by men , as far as that treason appears externally . god judges of the outward by the inward , man judges of the inward by the outward man . the magistrate is gods externall deputy , called therefore an heir of restraint , to put the wicked to shame . the first and second table of gods law are both committed to his charge , as to the externals thereof , as we hinted before . when that care was wanting , gods honour suffered sadly in all ages . so farre as conscience is corrupted , so farre are the differences widened between god and man , which increases differences among men . the way then to compose differences , is not to dally with any corruption , ( either of judgement , affection , or practice ) but to remove it effectually . man can but use the means , and is obliged thereto , specially the magistrate in his place for god , as every one should do in himself , and by himself , through gods help . to leave every man to his own light , is to leave a mans ground to it self without dressing . the most consciences are but like the dunghill , as all are by nature , before conversion . the best are like a garden , wherein the lord , through grace , hath set and sown the fruits of his spirit . but if you let the dunghill alone , will it ever be better ? if you let the best garden alone , will it not soon grow worse , and will not the weeds spoil all at last ? doth not christ himself press this parable to that end ? what 's a mans own light , before conversion , but the dim snuff of a candle , every moment ready to go out in a stink , into utter darkness ? what will become of him and of his light , if left to himself ? what 's mans light , after conversion , in the best , but a weak glimmering candle , though snuffed and renewed by the lords gracious hand , yet every moment ready to perish in the storms of temptations and corruptions , if not continually revived , supported and supplied by the same almighty hand ? how doth god promise and use to effect this and all other favours , but in the diligent use of the means , whereto he ties us , and whereby he conveys his blessing ? is not mans heart full of corruption by nature ? doth not much of it remain in the best ? will not corruption increase , if let alone ? try it in your sinks and kennels , if you be yet strangers to your own heart , then answer this query . what sad work would so many foolish heads , like sampsons foxes , tied only by the tail of carnal interest , with burning fire-brands , make in church and state , in following every one his own light ? a short portraicture may be seen of it in whimses island ( vulgo road-island near n. england , the receptacle of notionists , ) where confusion and profanness seem to triumph over all order and piety , to say nothing of these distempered nations . qu. . whether it be not the command of christ , that the tares ( i.e. they that walk in lies , ) and the wheat ( i.e. they that walk in truth , ) should be let alone ? matth. . , . ans. . no parable is to be strained beyond its scope : scriptura parabolica non est argumentativa . the scope of that parable appears clearly in the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and explanation thereof , given by christ himself , where he omits that branch , of letting them alone , and only mentions the event of the tares and wheat , following the purpose of his will , but nothing of the precept of his will , concerning mans duty , in point of obedience . ans. . mind the particulars of that parable . the field is the world ; the angels are the reapers ; the wicked are the tares ; the godly are the wheat , saith christ , describing the tares to be such as offend and do iniquity ; the wheat to be the children of the kingdom . by field , you may understand , either the state of the church visible , universally considered in the world ; or the world , wherein that church subsists , from time to time . in either sense the case will be clear . . if you understand it of the catholick church , considered in its succession from age to age , it will signifie the permission of providence , which suffers some hypocrites still to remain therein , even in the purest times ; but it cannot be meant of gods precept to man , to let known wicked persons alone in the church , seeing he hath appointed censures for such , commending the use ; rebuking and threatning the neglect thereof . . if you understand it of the world it self , among whom the church lives , it must needs be meant of a providential toleration of the tares , for the time of this life , in the general constitution of it , god forbearing long , and not destroying the wicked suddenly , by his angelical instruments , in the ordinary course of dealing below ; though some notorious ones be now and then pulled up by eminent justice . but it cannot be meant of mans duty , injoyned by gods precept , to let every wicked man alone ; for then should he cross the whole series of his word , which injoyns the magistrate his duty so clearly , for punishing sinne , whether against the first table , as perjury , witchcraft , blasphemy , &c. or against the second , as murther , theft , threatning the neglect thereof . . mind who are the reapers , that receive the command , to let them alone : they are not men , but angels , as christ explains , who are providentially ordered not to make use of their wonderfull power given them from god , to destroy all the wicked at once , which they might easily effect , if providence should require it , as appears by the destruction of lusty men in one night , in sennacheribs camp , by one of them ; they being all mighty in strength , whereby they instrumentally over-rule all the world , under god , witness the prophet , where they are described at large , in their properties , office , motions and effects , by the living creatures , whose spirit over-rules all the wheels of the creation , in every part of the world , in subordination to gods will . but they are bid to suffer wicked men in all ages , places and conditions , to fulfill their measure of iniquity , till it comes to be sealed up , and they with it carried away by gods executioners into the land of shinar and confusion ; as that of zechary may be expounded , though some understand it of christs mercifull act in covering sin . . mind what are the tares that are let alone . in general , they are all that work iniquity and offend , i. e. the multitude collective of reprobates , prepared for the fire , vessels of wrath fitted for destruction , in the complex of them . the angels have a providential command to let them alone , not to pluck them all up at once by the root ; for they being the most and greatest part of the world , it would endanger the destruction of the whole world , and consequently of the wheat also , if all should thus suddenly be pulled up ; signifying , that he will suffer many wicked ones generally to abide in the world , till harvest , though he deals with some of them judicially now and then , in that way which may help , and not hurt the wheat . . mind the precept it self , let them alone ; which implies a sufficient power in the instruments imployed , were but gods will signified , to take a speedy course with all the tares : a power proper to angels , not to any man or men . . mind christs reason subjoined , lest you root up the wheat , implying , such a total plucking up of the tares , as would prove the destruction of the wheat ; which must needs therefore be understood in the sense fore-explained ; for the punishing of one or few offenders here and there , being so often commanded and blessed from god , to the common good of the rest , and the very pillar of church and state , in genere mediorum , cannot be thought or found so prejudicially destructive to the good . this then is clearly the sense of these words , let them alone ; that it 's a providential command given to the angels , not to destroy the whole race of the wicked at once ; and not a preceptive rule to men , for the not executing of gods will , upon this or that particular offender , whether in civils or ecclesiasticals . qu. . whether scripture declares that the saints should persecute others , seeing christ sent his as sheep among wolves , and not as wolves among sheep , to persecute , kill and imprison ? matth. . . ans. the scripture declares the saints to be the righteous fulfillers of his revealed will , in their respective stations and motions , towards god and man . their name {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , saints , or separated persons , consecrated to god , imports so much . their copy and exemplar is gods holiness , which is magnified often in his zeal and justice upon offenders , for breaches of the first , as well as of the second table . if he call a saint to the magistracy , he requires him to be faithfull and diligent therein , in terrour to every evil work ; if any called saints , be fo farre given up to sin , as to abuse god and themselves , by external breaches of his holy law , god himself will not dally with such , and the magistrate is the minister of god , a revenger to execute wrath on him that doth evil . this is prosecution of evil , not persecution of good . profession of holiness was never intended by god to be a sanctuary to any sin . christs disciples were indeed sent as sheep among wolves , not as wolves among sheep . they should be qualified like the lamb of god , their grand shepherd , in meekness , innocency , usefulness and obedience ; and not resemble the wild and mischievous nature of bruitish men , beasts of prey , living at their will , following their own pretended light , abusing them that are not like them in evil . but are not these christian sheep directed also to be as wise as serpents , to discern and repell all wolvish seducers coming in sheeps clothing ? is not christ himself that lamb of god , the lion of the tribe of judah , that roars out of zion against all wickedness ? doth not he command his servants in all ages and places , to contend earnestly for the faith , once delivered to the saints ; to cast out and keep out all filthiness of flesh and spirit , especially in external breaking forth ? shall the ravening wolves , that watch for mens souls , be cherished and owned , because they have got on the garb of sheep ? are not such foxes and wolves most mischievous under that disguise ? doth not christ , with his spouse , command his servants in the magistracy , to take up the foxes , yea , the little foxes , that spoil the tender buddings of his vineyard ? was there ever more need of that watchfull care , than in this age , and in these parts ? wherein the romish cubs swarm round about us , under the mask of notions and new lights ? should not a sheep of christ be like himself , a lamb to god , and a lion to sin ? if wretched seducers will be so desperate in the devils service , as to venture all to promote his interest , shall christs friends be the less zealous and active for his honour , and the salvation of souls ? if wicked men will dare both god and man in their destructive courses , and meet therein with the wages of sinne , shall they blame any but themselves ? who will spare them , that so wilfully suffer for evil doing ? what glory can such expect from god or man , that refuse all the fair means , which might prevent such evils of sin and sorrow ? qu. . whether he was not reproved , that would have fire from heaven to devour those that rejected christ ? luk. . , . ans. . that we mistake not christs meaning in this and other scriptures , we must wisely compare the context and scope , with the text and other scriptures ; for through ignorance and unstableness , scriptures are wrested to mens perdition . the scope here appears clearly to be a condemning of the disciples rashness , whose blind zeal would have carried christ beyond his present work , in that state of humiliation , for the conversion of souls . . distinguish between christs humiliation and exaltation . in the former he acted as the son of man , in all parts of humane weakness conforming to us , sin only excepted . therein was he to act as a servant , not intending to take on him the magistrates office , in any such cases , luk. . . nor was it fit that harsh means should be used to those strangers , at his first coming , which might have scared them away from christ and his salvation . but in his state of exaltation he is king of kings and lord of lords ; by him kings reign , and princes execute justice , who hath all power given him in heaven and earth ; and he gives his witnesses ( whether magistratical or ministerial , or both ) power to consume his enemies with fire out of their mouth . . distinguish between samaritan strangers , and jewish rebels ; between the grosly ignorant heathens , and the wilfully obstinate christians . against jewish rebels the lord sent his armies to destroy the destroyers and abusers of his embassadors ; though he would not fetch fire from heaven against the mongrel heathenish samaritans . . distinguish between magistratical and ministerial censures on offenders . christ would not have his disciples and ministers to usurp the magistrates work in civil bodily censures , but to keep within their sphere , with spiritual weapons , such as are answerable to the nature of their ministry , as admonition , &c. towards their members ordinarily . the case of ananias and sapphira was extraordinary , was extraordinary , as also was the call , abilities and work of apostles . the civil sword still being left to the magistrates right use , who is regulated about it so frequently in the old and new testament . qu. . whether it 's not a burden enough for the magistrate to govern and judge in civil causes , to preserve the subjects right and safety ? ans. . the magistrates burden is great indeed ; honos and onus , honour and burden ever went together . providence orders all things so wisely , that they who have most from god , should be obliged to do most for god . it 's more royal to give , than to receive , in christs account . magnates are magnetes , great men are precious loadstones : they should be optimi , that are maximi , to answer gods title and nature , whom they represent . the highest spheres of heaven carry the most influence of light and life to all inferiours . magistrates have a greater burden of care and trouble , of danger and account , to make them the more humble and holy , the more diligent and self denying , the more active and zealous in their places . . the choice part of the magistrates business is to be most for god , in being most like god , whose substitute and vice-gerent he is . what the lord tenders most , should be most rendred by him . god begins still at his glory , in the matter and means , in the manner and time of his worship . the first table therefore should be the magistrates first care . those that honour him , he will honour ; but they that despise him , though never so great , shall be vilified . is it not most rational , that the best things should have the best care from the best men ? doth not gods honour deserve the preeminence still ? doth he not still appear against the neglecters and slighters thereof ? even pagan monarchs could easily discern it . observe the special working of gods spirit , directing ezra to request , and the king to grant that magistratical power of corporal punishment against offenders of his worship , by comparing ezra . . with ezra . , . how little beholding is the lord to those rulers , that care more for their honour than for his , that defend their word more than his ; that will not suffer personal injuries , but regard not what affronts are put on christ ! they that tender not his name and truth , his worship and ordinances , are like to smart dearly for it , at last . can you think that those persons will spare you , that spare not what is dearest to god ? will they honour you that vilifie god ? remember eli's case , that you may repent , who have made light of christs great concernments ! did not salomon find it the best way to wisdom and glory , to peace and plenty , thus to begin with god ? a jove principium , was the great maxim , even of heathen schools , to the shame of most christians . is not christs interest the best way to settle yours ? can you be safe when that miscarries ? the lord awaken all our magistrates to mind this in earnest . this principium is certainly dimidium totius , yea , dimidium plus toto . will not the late experiences of our english worthies , with those of the former champions of christ , demonstrate fully this ? was it not their zeal for god that made them great before god and good men ? consult all records , hebrew and greek , latin and french , german and english for proof . our famous alfred , our conquering edward d , in the very heat of continual warres made it their chief work to preferre christ in all , and to cast all their crowns at his feet . their glorifying of him so eminently , made them truly glorious in their own and future ages . such a whet will never prove a let to any , from any true good . are not the subjects right , peace and safety , the proper gifts of god ? can we finde out any better way of procuring or preserving them , than by keeping close to him , and being active for him ? whilst we cordially mind his interest , will not he surely minde ours ? if we forget him , can we look to be remembred of him ? qu. . if magistrates must judge and punish of matters of religion , the magistrate must ever be troubled with such persons and such causes : and if after his conscience be convinced , he had no such power , what horrors of conscience is he like to possess ? ans. the magistrate is the lords shepherd , as he cals cyrus , and must look for contest against foxes and wolves , from time to time . he is gods lieutenant , that must still be in a posture of warre against his sovereigns enemies . he is pater patriae , the father of his country , who cannot but be often taken up in composing the differences of that great family . he is the lords gardiner , and will not think much to be still troubled with weeding work . he is a nursing father , and knows what renewed troubles attend that employment . all his titles of honour mind him of duty and trouble . but his great comfort is , that god himself takes the best share thereof , in whose stead he acts . to act for god , and with god , like god and through god , is his honour and happiness . christ himself suffered much more than all that comes to . but what if his conscience should afterwards check him for mistakes therein ? the sure way to prevent horrors of conscience , is to be diligent in the lords work , that our respective callings do challenge from us . sin is the great disturber of conscience , especially that darling sin , which hinders from gods work , by taking from our heart what is due to him . every trouble proceeds from the want of gods grace given or manifested . he meets them that rejoyce in working righteousness , those that remember him in his waies . retort the query you may thus then ; what horrors of conscience shall that magistrate feel , that hath minded himself in neglecting god ? that hath been zealous for civil affairs , but frozen to the lords interest ? that hath done much for the world , but little for heaven ? that hath been carefull of the subjects bodies , but careless of their souls ? that thought no cost too dear for their earthly priviledge , but every little too much for spiritual help ? qu. . whether imprisonment or other corporal punishment would not make thousands in england , scotland and ireland , face about to any religion , yea to popery , as it did in queen maries daies ? ans. what of all this ? because many have their religion to chuse , shall not the magistrate discharge his duty for their good ? is there not so much the more need he should be so much the more watchfull against jugling mountebanks , because so many are so easily fitted to their baits ? the corruption of mans heart , that disposes him to evil and indisposes him still to good , should be the more carefully looked after , for restraining of that which cannot be renewed . external reformation is better than none at all ; though the chief part of gods sacrifice is still the heart of man , yet is it not much better , that god should be publickly owned than disowned ? the greatest number will be the worst still , till the great restawration come . yet when the leaders do bring their people to solemn owning of god , he takes it kindly and rewards it . was it not so in josias and edward th time ? a form of godliness is good , though formality be naught . if the generality be brought to the means of grace , they are in the road of christs blessing . had not the poor man waited long at the pool of bethesda , he had not been cured : it 's good being in the lords way , when he passes by to give out his doles . how many thousands were the better for crouding after christ and his apostles , though most for the loaves , or novelty sake ? but let 's hear what the querist objects to himself . obj. . we would willingly suffer the truth to be preached , but those that we persecute do teach erroneous doctrines , which hazard the souls of men . ans. he answers , the guilt thereof lies upon the teachers conscience , not on the magistrate , or any other , as matth. . . whosoever shall teach men so , he shall be least in the kingdom of heaven . reply . is not he also guilty that prevents not evil , when he may ? what else means that of paul , be not partaker of other mens sins ? are there not sins of omission , when we reprove and discountenance not evil ? the very light of nature taught the heathens to say , qui non vetat peccare , dum potest , jubet . had not austin just cause to complain so much of his other mens sins ? is the physician guiltless , that willingly suffers his patient to be poysoned by mountebanks ? is the watch-man blameless that warns not and keeps not the thief off ? is the gardiner faultless , that suffers carelesly the weeds to choak the good plants ? is that officer faithfull that lets an enemy wittingly to debauch and ruine his souldiers ? is that magistrate faultless , that suffers his people to be seduced by pernicious praters , without check ? will christ excuse the rest , when he condemns the false teacher ? doth he absolve the accessory , that punishes the principal ? what shall he be in the kingdom of hell , that teaches men to break the greatest commands , if he shall be least in the kingdom of heaven , that teaches men to break the least of them ? is not he a breaker of gods command , that gives free licence to the notorious transgressors thereof ? he that is not with me , is against me , saith the lord himself . obj. he objects to himself again , the kings and governours of judah compelled men to serve the lord , therefore kings and governours may now compell . ans. . he answers , they that lived under the jewish worship were compelled only , strangers were not . reply . we reply , as the jewish worshippers , so now the christians are then obliged to the law of that worship they profess . indeed , for jews , turks and pagans , the case may differ somewhat . yet , though strangers were not compelled to the worship , they were to be restrained from abusing it any way ; witness the fourth command , that injoyns all superiors to see that the sabbath be not profaned by the stranger within their gates . nehemiah that zealous and truly noble governour , threatned the merchant-strangers with imprisonment , if they came again to profane the sabbath , though but without the gates . but what means this kind of answer ? speak plain , do you disown the name and worship of christ , as too many of your comrades do in effect deny his person and office ? if you think much of being christians , tell us plainly what you are , whether jews , or turks ; heathens , or atheists , that we may know what to say to you . ans. . he answers secondly , they were not compelled to any thing , but what they knew and confessed to be their duty , chron. . , , , . reply . we reply , salomon indeed and their faithfull rulers knew and confessed their own and their peoples duty , in the great matters of gods worship . a good patern for all christian rulers , to study it and profess it solemnly , that they may as effectually engage their people to god , and god to them . he requires not a blind and lame sacrifice of implicite faith and obedience ; yet were still too many of that people ignorant in too many things , though in the gross they owned gods appointed worship . they needed still teaching and quickning means , as our people do still now . therefore godly jehoshaphat made it a chief part of his reformation , to send abroad teachers into all vacant places , and with them his princes to countenance them , and to cause them with vigor and comfort to teach ( as the hebrew elegance imports ) the good knowledge of the lord . when they had been orderly instructed , then did he send judges in their circuits , to proceed further in that great work , as that juncture of affairs required . it will be the joy of all gods friends to see more of the like among us . their success mentioned so remarkably in the context , will not be far from us , whilst we keep close to god in their way . but how farre are our querists friends from following that good example ! do they labour still to disgrace and discourage faithfull magistrates and ministers from promoting it ? is it not their business day and night , every where , to obstruct and disturb it , what they can ? if they seem of late , to be grown more mild and reserved , we may thank the care of such magistrates , who have given them cause to fear the deserved lash . their poyson is but refined by this change , and made more taking . ans. . he answers again , the kings of israel had extraordinary prophets to direct them infallibly . our kings and governours have none such to direct them . reply . we reply , though many of them had such , yet even then the standard of all doctrine and worship , was the law and the testimony ; thereby all spirits and pretended prophets were to be tried : the like have we now in gospel-daies , even a more sure word of prophesie , a word surer than the greatest revelations mentioned in that context of peter , a word sufficient every way to compleat the man of god in the knowledge and doing of his will . this is our doctrinal foundation , our infallible judge , whereby all spirits and doctrines are to be tried : if any teach otherwise , though he should be an angel from heaven , he is accursed . we need then no infallible prophets or apostles , seeing we have that sure word of theirs , which the spirit of truth spoke and writ by them , confirmed by their miracles , and hath infallibly made the perfect rule of our faith and life : all differing interpretations thereof may and must be reconciled by the light of that unerring spirit , which is inseparable from his word : though fallible men mistake often , yet the sense of christs spirit in his word is clear and sure still . though blind eyes see not at all , and sore eyes see but dimly ; though blood-shot eyes will see amiss , the light of that sun is alwaies clear and sure . though some expressions may seem obscure , yet the rest duly compared , will sufficiently clear them . though the self-conceited and proud will wrest and mistake it , yet the humble will god teach . though a corrupt mind will extract poyson , as a spider out of flowers , errour out of truth , by poysoning it , yet christs spirit will lead his people thereby into all truth , needfull for them to know . though the carnal heart will still be ignorant , yet the teachable heart , by that anointing from above , will be taught all things gradually , proportionably and seasonably , so that he shall not need to be taught by any sect master , or pharisaical teacher , or infallible pope , as too many have been and are still . though this gospel be hid to them that perish , whose eyes are blinded by sin and satan ; yet is it plain to him that understands , and is tractable in the school of christ . though it may prove a savour of death to reprobate consciences , yet is it still the sweet savour of christ to his disciples . though worldly spirits will slight and abuse the simplicity thereof ; yet spiritual hearts will admire and improve still the majesty of it . though the perverse minde will account it a self-contradicting word , yet the rational christian will find it still most harmonious in its whole composure . though a vain soul will finde it to be a killing letter , yet the wise heart will finde it experimentally to have a most quickning spirit . though the superficial reader will finde its shell and bark to be hard and knotty , yet the studious christian will tast the sweetness and tenderness of its kernell and marrow . though deluded impostors will pervert it still to the taking off the magistrate from his duty about the first table , yet the lords servants shall finde every part thereof to be an eminent motive to quicken , direct and enable all superiours to the faithfull preserving and vindicating of it . ans. . he answers fourthly , the kings and rulers of israel did not imprison schismaticks , pharisees , herodians . reply . the law of god directed his servants then to dispense all censures , in a way proportionable to the nature of the offence , and condition of the offender , which faithfull magistrates observed , as hundred instances might demonstrate . the king to that end was commanded to have a copy of the law by him , to direct him still daily . reply . as there were divers sorts of hereticks , which the lords word bound over to just penalties : so was there variety of schismaticks , raised up by satan to rend the church , as the hereticks work was to poyson it , for a just execution on the spirits of such , as had not received the truth in the love thereof , that they might be saved ; god gave them up to strong delusions , to beleeve lies , as he doth daily . because they voluntarily separated from god , and his truth , to give up themselves to the service of sinne and satan ; he justly gave them up to a perverse spirit , to break them into fractions and factions , both in church and state , even as he doth now by sad experience . because they would not be separated from the evil of men , he permitted them to follow those seducers , that drove on their own interest , by separating from good men . doth he not so still ? because they wilfully chose heaps of teachers , self-called , to serve their fansies and lusts ; god also chose their delusions , to give them up to the efficaciousness of deceit . is it not so still ? because they refused and abused the lights of his own setting up , was it not just with him to leave them in darkness , to abuse themselves and others , even as it 's now ? thus gods refusals are still the devils choice , and they that forsake his waies cannot escape the devils crooked paths : whilst authority kept all in their places close to the word and waies of god , jerusalem the metropolis of church and state , was a glorious and harmonious city . but as fast as they declined in their zeal of gods house towards worldly politicks , they ushered in as fast all sorts of discords and discontents , civil and ecclesiastical . josephus their historian , and many others compared with scripture records , will fully demonstrate this to the judicious reader . as before their babylonian captivity , so after it , they gradually lost purity , then peace , inclining still towards errour and discord . thence the direfull separations of pharez and sadock , the ringleaders of so many myriads into pharisaism and sadducism , followed close by the monkish essens , and the politick herodians , those state separatists . the like befell the christian churches in the very apostles daies , and successively more and more . the sinfull separations of the novatians , acesians , donatists , &c. with the multiplying heresies and blasphemies of that monstrous brood , which swarmed every where , made way for that grand apostasie of the roman church , and advanced that man of sin into christs throne , to make him and his the sons of perdition , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . was not the like course revived by satan ever since the reformation was revived by christ , formerly and lately ? our wofull experience will give a sad , though clear answer thereto . is it not high time then for all superiours and others , to hearken to christs voice speaking from heaven to us , as he did to languishing ephesus ? remember we now , before it be too late , whence we are fallen , and repent , lest our candlestick be removed suddenly . if our complexion be still laodicean , what is our condition like to prove , but like to theirs ? they were overthrown with an earthquake that despised christs warning ; if the quakings of church and state , prognosticating the like now , effect not our overthrow , the treasures of divine grace will be the more magnified . obj. . the querist objects again to himself , then every one may live as he lists ? ans. he answers , had he not as good live as he lists , as live as you list ? reply . mans list is not his rule , but gods revealed will in his word of scripture . by that measuring line of the sanctuary , all men and all their actions are to be measured . that is the perfect copy , that gods people in all ages have learned to write after . that 's the ballance of the sanctuary , that must weigh us all . that 's the touchstone , that will try our alloy . by that standard godly magistrates have been in all ages taught to govern happily , in promoting good , and punishing evil . so farre as they keep close to that rule , all their commands are to be obeyed for conscience sake , in matters of religion , as of morality . that 's the bridle of evil , and the spur to all good . libertines therefore in all ages have shewed most spight against it , by reproaches and gross abuses thereof . the roman antichrist , to set up his own traditional list , blasphemes it many waies , charging it with imperfection , obscurity , defects , insufficiency and corruption . the quaking libertines , their bastard brood , hath done what they could to defame , deface and destroy it . at their first stirring , they wholly denied the need and use thereof . but because they lost credit thereby , on a sudden in all places , they agreed upon the owning of it , at least , verbally , that they might the better abuse it , and others by it . that sudden change , observed by the judicious , so unanimously carried on in all parts , may discover much of that strong design , which is so notably fomented , if not begun among them , by the pontifician brats . now that in words they profess to own the scripture , how deal they with it ? just as the romanists , that give it as little credit as they can . both originals , hebrew and greek , must be slighted and slandered as corrupt ; the vulgar translation exalted above them . then there is no absolute need of it , they can live well enough without it , by traditional and enthusiastical help . then it must have a competitor , the popes infallible chair , or the councils determination , and the quakers oracle , written , or verbal . then it must be wrested to patronize their grossest and wildest extravagancies . no blasphemy so horrid , no ceremony so ridiculous , no doctrine so vile , but a scriptural varnish must be got to set it out . but what 's the end of all ? that man may not be taught or ruled as god lists , but as they list . thence such specious pleas against the need and use of the ministerial function , under many taking pretences , that gods will may be determined by every ones list : thence such reasonings with plausible sophisms , against the magistrates power in religious matters , that they may be taken off from attending the lords will therein . thence also such painted arguments drawn from the very dregs of pelagianism , ( revived by popery and arminianism , ) for the sufficiency of the light within , that all things , at last , may be brought to their list . obj. the querist again objects to himself , then it seems errours may be suffered . ans. he answers , if truth may be suffered also , it will prevail against errours : it 's no more in your power to binder errours , than it was in the prelates to hinder preaching , speaking and writing against them . if you can hinder satans suggestions , and the vain imaginations of their hearts , and expell the darkness in men , and place light in stead thereof , and hinder men from speaking to each other , then you can suppress errour , else not . the lord alone by the mighty power of his spirit with his word , can suppress errours ; and we beleeve he will certainly do it in his time , to his glory and the comfort of his people . amen . reply . this is the upshot of our querists attempt in this serpentine way of ambiguous queries , pleasingly dressed for the stomack of this libertine age ; for answer whereto , we grant , that truth will indeed prevail against errours , as surely as god the author thereof , is sure to prevail against satan the father of errours . truth will seasonably prevail , whether suffered or opposed , it being still like to the palm tree , that will not be suppressed , though much oppressed . but is suffering of errours a good way to that end ? is the patronage of lies a friendly help to truth ? when truth doth rife , it will be with the fall and ruinous shame of all its oppressors , wherein neutral spirits will finde little comfort , and as little excuse . are not errours the diseases of mens souls ; and is there no way to cure them , but by letting them alone ? your instance from the prelates is to little purpose , unless you intend to plead their cause , or can demonstrate the case in hand to be like theirs . it 's not our work to revive now that controversie , which so many able pens have sufficiently cleared from mistakes . their persons we leave for account to their only judge . their ministerial office , though corrupted many waies , we can own so farre as therein they owned gods institution , whilst we sever from it all humane inventions and corruptions . their lordly pomp and tyrannical carriage we heartily renounce , hoping that all good men among them have done the like . their usurped jurisdiction and self advancing authority above their brethren of the ministry , we also finde in scripture , reason and antiquity sufficient cause to disclaim . the many endeavours of many among them to obstruct the truth , and abuse her friends , we suppose to have been one chief means of hastning their ruine . too many of them shewed too much compliance , if not cordial friendship , to the popish arminian errours , which are now put into a more fashionable garb , by our notionists , seekers and quakers . as then the friends of truth prevailed at last , though after much ●…ugging , against that van-guard of the romish camp ; the good hand of heaven seuding them a strong reserve of the magistratical power , duly dispensed * . we have likewise ground to hope that the followers of truth , in this season also , may obtain a favourable success , against the recruits which that old enemy hath rallied again , under new colours . yet dare we not limit our general christ , in the time or manner of relieving us . possibly our hour of temptation is not yet over ; we may haply undergo yet longer the contradictions of many sinners , as our former worthies did , in their opposing the romish invasions . our incouragement is , that truth will prevail to gods honour and to the shame of errour . it becomes therefore all christians to be more zealous and faithfull in their several places , for truth against errour . magistrates and ministers being officers of note under the lord of hoasts , should be most forward therein , as becomes their several functions , that satans suggestions may be hindred , and the vain imaginations of mens hearts : that darkness may be expelled thence , and light set is stead thereof . that great god , who hath promised to bring this about eminently in the later daies , by the powerfull word of his holy spirit , that the purchase of his son may be compleatly applied to all his elect , according to the eternal purpose of his glorious grace , hath also promised to bless the labours of his servants in subordination thereto , within their several capacities . blessed are those servants of his , whether superiour or inferiours , whom their master coming shall find so doing . it concerns every one to begin at our own hearts , that satans suggestions may not be yielded to , but that christ may garrison them effectually , against all the black regiments of hell . we must look therefore more watchfully to the suppressing of those vain imaginations in our hearts , which are still acting against the crown of christ , by corresponding treacherously with the common enemy . we are naturally darkness , and retain too much of it , at the best ; the more need have we to attend the light of his truth and grace , that we being made light in the lord , may walk as children of light . the sensible experience of that gracious work will render us more capable of furthering it in others . to effect such a cure , all impediments must be removed , former causes prevented , and sutable means used , as in ecclesiasticall , so in political relations , by the lords peculiar servants , appointed to that work . if seducers be active for evil , we have much more cause to be active for good . up therefore and be doing , for this work will be rewarded . the lord teach and enable our magistrates thereto , who are entrusted with so much of christs interest in these three nations , that their comfort in the blessed issue may be answerable to their trust . all mountains shall casily become plain before our zerubbabels , when their hearts , heads and hands do harmoniously concur in this great enterprize . let 's pray and beleeve , wait and labour for it , and the lord shall be with the good . postscript . in the close of our querists paper , we meet with a postscript , written with another hand , which was thought fit to be inserted here , that they might not miss of their own , nor complain of suppressing any part . it runs thus , the main end of the proposer in these modest questions , is to assert christ to be the sole lord and ruler in and over the conscience , who obtained the same by vertue of his death and resurrection ; for to this end saith the scripture , christ died , rose and revived , that he might be lord both of the dead and living , and that every one might give an account unto god and christ alone , as their own master , unto whom they stand or fall in judgement ; and are not in these things to be oppressed and brought before the judgement seats of men ; for why shouldst thou set at naught thy brother in matters of his faith and conscience , and herein intrude into the proper office of christ ? since we are all to stand before the judgement seat of christ , whether governours or governed ; and with his decision only , are capable of being declared , either in the right , or in the wrong . this specious conclusion deserves a few animadversions . . he would insinuate thereby , whoever be the author , that all this labour tends to the vindication and advance of christs prerogative ; whereas their desire , if obtained , would prove most destructive thereto , as we have demonstrated sufficiently in the preceding answers . . he proposes his desires so generally , for universal toleration in all matters of worship , that the vilest blasphemies , the grossest idloatry , and most desperate heresies are not to be excluded from it . . he would perswade that the scripture is altogether for it , whereas it 's as diametrally opposite thereto , as heaven is to hell , as hath been cleared . . he strives to strip the magistrate of the best jewel of his crown , and the chiefest part of his authority , wherewith he is entrusted by christ , in his stead ; the preservation and promoting of his worship , according to his own written word . . he opens a gap thereby to the greatest flood of infidelity and wickedness , that ever can be imagined , to the swift and desperate overwhelming of truth and peace , both in church and state . . he sweetens this poysoned cup with a handfull of scripture quotations , and plausible expressions of gods word , but miserably wrested and misapplied , as will appear to the judicious peruser thereof ; for instance , the words of scripture he uses , we find them in pauls epistle to the corinthians ; whereas as its most clear , by comparing them with the context and scope of that chapter , that there is no discourse of the magistrates power there ( sufficiently cleared elsewhere ) but of every christians liberty in indifferent circumstantials , and particularly about jewish meats , drinks and daies , wherein he would not have them to offend , nor take offence , by rashness of judging ; nor remain unsetled in their conscience about the same , shewing that the kingdom of god consists not in meats , drinks , or any such externals , but in righteousness , peace , and joy in the holy ghost . that therefore they should use christian wisdom , tenderness and diligence towards each other , for their mutual edification . there was then a special ground moving thereto , because the jewish worship having been so long in force , and being but lately removed , many of the christian converts , ( the jews especially ) thought themselves bound still to the observance thereof , which offended others , who were better informed . therefore the apostle , ( who became all things to all in such indifferent matters ) did use much compllance and forbearance in this case towards weak christians , pressing others to do the like , as in other places also , yea himself made use sometimes of those jewish ceremonials , having circumcised timothy , shaven his head , made vows , &c. to win the more upon the jews his countrymen , who were so desperatly incensed against him for his leaving their way . thus the ceremonial rites were gradually to receive an honourable burial . they had been salutiferi and precious means of grace under that mosaical dispensation of the lords gracious covenant , each of them holding forth something of christ , being the bark , the shell and garment of his substantial grace , cloathed therewith . they began to appear mortui , and expire after christs death , having been nailed to his cross , as being a law of typical ordinances , which were to end , at his accomplishment of all things . yet some time was required to satisfie the jewish converts therewith , before the total removal of them all . whence that famous synod of jerusalem , found it needfull to indulge some of them for a while ; yet when many seducers began to press the necessity of that ceremonial law , teaching them to rest thereon also for righteousness , at colossus in galatia , &c. then did paul appear expresly against them in his epistles , yea he resisted peter to his face about it . that apostolical synod also , proceeded formally against them , and so setled the christian worship , allowing a solemn funeral to those ceremonial rites , which afterwards became lethiferi and deadly , in the abuse thereof . the sense then of this whole fourteenth chapter to the romans being so clear , it 's a gross perverting thereof , to perswade thereby an universal toleration of all irreligion and baseness , if it be but mantled with the pretence of conscience . . observe a cozening paralogism , and false arguing running through every vein of this close , as of all the queries ; concluding from a particular affirmative , to universal negatives , pleading for a toleration of all things , in all persons , in point of religion , because some , in some circumstantials were to be born with by private christians , and to forbear each other in their judgement thereof . . if any of these arguments should have any force to disprove the magistrates power , in ruling the externals of man by civil laws and penalties , according to the clear word of god in the point of worship , ( which is the thing controverted here , if any ) it will be as effectual against every power of the magistrate , about the second table also , there being no evil so great , but it hath been and may still be disguised , under pretence of conscience , witness the ranting and quaking crue of germany , in the former century ; and their disciples now among us , as james nailer , george fox , &c. so that the magistratical office will be wholly taken away , and that grand ordinance of heaven , appointed so eminently for gods honour and mans good shall be enervated and nullified . whilst i was perusing of the forenamed papers , i was occasioned to review a book , printed . by mr charles blackwood , intitled , the sterming of antichrist in his two last and strongest garrisons of compulsion of conscience , and infant baptism , and find these queries to be extracted out of that book , at least a full agreement therewith almost in every word , if not altogether . many books of the like nature , as the bloody tenent , and other pamphlets , have been scattered up and down these nations within these twelve years , as the like were in germany and poland formerly : the point of whose reasons are so unhappily bent , that if it prove any thing , it will prove the subversion of all magistratical power . it 's a levelling principle of so sad a consequence , and the ground thereof so laid upon a continued mistake of scripture and reason , that it nearly concerns all christs friends , and all true patriots to detect and disclaim the fallaciousness thereof . as for mr blackwoods piece ; his second part about infant-baptism was abundantly confuted , with all the books of the like import , by many choice pens . in . blake his antagonist , printed a full answer thereto , which was succeeded by mr marshals vindication , mr baxters , mr sydenhams , and others in england ; as in ireland by dr winter , dr worth , &c. who have maintained this sort of christs kingdom against all the assaults of dissenters . and for his first part about compulsion of conscience , it labors of the same mistakes that we have observed in our querist all along , besides several self-contradictions . mr thomas cobbet answered mr blackwood and his consorts about infant-baptism long ago to the full ; and hath answered all opposers of the magistrates power , in his late piece printed . most substantially . when those solid pieces of his and others , about these points , are answered to the purpose , dissenters may be further heard . till then , we shall have little reason to regard , what shall be said or written by any of them in their ranewed cavils , touching the same , so fully confuted already . it 's the fatal lot of arguments mounted against truth in our late controversies , especially about the magistrates power ; that either they are too weakly or too strongly charged , either saying nothing , or proving more then they would grant themselves : either they charge not to any purpose ; or else they over-charge , and break , doing mischief to purpose . i have been perswaded to publish these hints for a caution to all in these slippery dayes , wherein so many professors are ready to slide into gross errors before they be aware . my heart cannot but bleed at the sensible review of our unchristian apostasies from the will and wayes of god . the woful distractions of gods people , and the multiplied delusions of seducers among us , could not but move my pen after the moving of my heart . the crouding of quakers into these parts , especially into this * city , hath been a great occasion of these lines . the forenamed quere clandestinely sealed up and superscribed to colonel henry ingoldsbey , our vigilant governor , to disswade him from that noble work , whereto he found himself eminently obliged for christ and the publike in the discharge of his great trust here . the tumultuousness of the quaking rout had several times disturbed , both the worshipers of god , and the publick peace . they had ensnared many of our souldiers , infected divers of our citizens , gathered many disciples in the garrisons and country , and railed most vilely at the magistrates and ministers of christ . they had spread multitudes of pamphlets , libels and papers , full of their sad stuffe , and by all possible ways labored to gather a strong party , desperatly engaged to their way . what the drift and issue thereof might prove , the judicious might easily guess by such demonstrations . divers papists among us began to like their way , finding it so like to the monkish course of their friars ; many ignorant and unstable souls were daily ensnared and endangered , publike out cries were made by their party against our faithful governor and other magistrates , especially against the persons and office of the gospel ministers , as also against christs ordinances , his word , sacraments , prayers , sabbath , &c. they molested us daily from several parts of ireland and england . being turned out , they returned again with their old tricks renewed . our watchful governor could not be quiet for them , nor any of the lords faithful servants , francis hogil , and edward burrough john perrot and cornet cock , humphrey norton , and william ames , barbary blaydon , and sarah bennet , with divers others of that gang , have been so extreamly troublesome , that our governor was forced to take the best course he could for their conviction and others safety . i my self had spent divers hours , at divers seasons , with the chief of them , and perused their papers and books , full of absurd and vile notions : no means attempted could do them any good . their sugard stuffe was easily swallowed down , by such whose mind was seeking still where to settle ; their circean cup pleased distempered palats . to take of the zeal off our rulers , if they could , the aforesaid queries were secretly dispersed here , the perusal where of stirred up my spirit to the detecting of that cheat . i had also thought to have answered the quakers queries sent me before , which they importunately pressed in to their usual rhetorick , having an eye to that of the wise man , of answering a fool , effectually , though not in his way . but finding the said queries to be the very same in substance , if not verbatim , which as a common babble , they had formerly been sent to mr eaton , mr baxter , mr farmer , and others by their consorts , already fully answered , i desisted not willing to mispend so much precious time ; the multiplicious work , whereto i am necessitated in this city , by my ministerial call , affords me not many hours of respite , and may sufficiently apologize for any defect in this book , whether for matter , method , or expression ; yet could not my heart rest till it had breathed forth its oppressing troubles in this weak manner , that all such who own the lords honor and the publike weal , might have this warning to awaken . the noise of a few despised creatures were once instrumental to the saving of a famous state , by saving their capitol . the sounding of rams horns , by gods appointment , was instrumentally blessed from above , to the pulling down of jericho's walls : maximus deus , et in minimis . a weak crooked tool in the lords hand may serve his turn , for the greatest work at his pleasere . if either by this or any thing else any benefit accrew to christs friends , let him have the glory , and forget not in thy best addresses him , whom the lord hath made in any degree serviceable to thy good . it 's his hearts desire to be made faithful to god and his people that he may spend and be spent a●ight in the finishing of his course with joy . that christ may be all in all things to thee , is his longing desire , and shall be still his constant prayer . decemb. . . Μόνῳ σόφῷ θεῷ , διὰ Ιησου χριστου , ἡ δόξα εἰσ τοὺσ αἰῶνας . Ἀμὴν . finis . notes, typically marginal, from the original text notes for div a e- isa. . . psal. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} psal. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} psal. . . sam. . . ezra . ezra . &c. hag. . zech. . zech. . zech. . . rev. . , , . rev. . , . rev. . jer. . , . jer. . . sisidan . comment. bullinger . cloppenburg . guy de bres . cor. . , , , . psal. . . numb. . , . . psal. . , , , . numb. . psal. . . numb. . . psal. . . psal. . . cor. . , joh. . , . cor. . . ephes. . . sam. . . exod. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} pet. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . chro. . . hag. . , , . ezek. . . heb. ● . , , , . jer. . . revel. . . exod. . , . notes for div a e- besides the greek and latine fathers , see bullinger , paraeus , calvin , beza , tossanus , marlorat , muscul. snecan , &c. mr tho. cobbet of n e . eph. . , , , , . rom. . , . jud. . king. . thess. . tim. . dan. . , , . rev. . . zech. . , . there were also some mixt types in morall things , which were occasionally representers of evangelicall substance , as davids and salomons acts of justice , piety , and authoritatively done , which having a morall ground , rule and end , are still to be imitated in the like case , as the scripture clears , both in first and second table ; as psal. . . with joh. . . ephes. . , , . compared with exod. . gen. . , , &c. guildas . dr ushers brittish antiquit. nath. bacons hist. of engl. govern. bedae histor. matth. westm. matth. paris engl. histor. fox . monum. concil. tom. morn. myster. iniquit . magdeburg . centur. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . plutarc . riligio propugnaculum potestatis , legnm & honesta disciplinae vinculum . plato . humanae societatis fundamentum , religio . cicer. heu ! primae scelerum causae mortalibus a gris naturam nescire dei , silius italic . clem. alexand. stromat . * j. parisions . victoria . widrington . judg. . . judg. . . cor. . . hi dà libertà à mala conscientia , da licentia a l'humo furioso è pestilente . axiom . italic . mark . . when david was forced to suspend the punishment of joabs and abishai's murther all his life , it was because the sons of serviah were too strong for him ; as they often prove too hard for good men and good laws . tim. . . king. . tim. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . notes for div a e- veritas index ac judex sui & obliqui . act. . . joh. . . isa. . . cor. . . cor. . , . rom. . , , , ● . pet. . , . rom. . , . rom. . circa res ecclesiasticas , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . euseb. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . rom. . , , , , . gal. . . joh. . tit. . . rom . . anno . anno . anno . anno . concil. tom. euseb. chron. socrat. zonar . myster. iniquit . morn . isa. . , , . isa. . . rev. . . dan. . . dan. . . ezra . . ezra . nehem. . jer. . . socrat. lib. . c. . joseph de bell . judaic. eresbach . hist. annal. sleidan . bullinger . melancthon . luther . bledisk , &c. calvin . contr. libert. beza de haeret . pun . junius , &c. sleidan . comm. hornebeck , de haeretic . guy de bres . contre les anab. cloppenburg . gan. anabapt. spanhem . disput. contr. anabapt. bulling . adv. anab. bledskin . hist. david georg. apocalyps . haeref . arch. &c. fiat justitia & ruat caelum , aut pereat mundus . ferdinan . see engl. hist. camden . elizab. see their letters , courtiers and councils in severall books abroad , pictured out , to the life , out of their own papers , and bosom favorites . parliaments remonstr. . ro●…es master-piece popish favorite . cabala , scrinia sacra , motus britaun . engl. histor. the romish superstitions stirred then apace , as you may see in clav. apocalyp by a germ author . rev. . . med. clav. apocalypt. . brightman , &c. myster. iniquit . morn carion ▪ chron. then was rome taken many times in fourty years space and the state altered . revel. . , , &c. revel. . , , &c. dan. . , , , &c. then the romish prelate rode in state , like the scarlet whore , upon all power , and revived the image of the first beast for future adoration . milan . ravenna . see histor. concil. centuriator . magdeburg . binium . baronii annales . armach . de succes & stat . eccles. campanell , de monarch . hisp. contzen . polit. d. r. interest of princes . histor jesuit . specul. jesuit . specul. europ . rev. . , . engl. histor. camd. britann . duke of roans interest of princes . rev. . . thess. . , , , . tim. . , . jam. . . joh. . , . in baron . annal. platin. de vit. pontific . magdeburg . centur. catalog . test . veritat . myster. iniquit . morn . disputat . inter dominic & jesuit . see also hist. of netherl . slcidan . comm. bullinger . guy de bres . hoornbeck . cloppenbur . &c. emmot , gilpins , norman , hawkins , &c. mr prins book . the perfect pharisee , written by the ministers of newcastle . the mysteries of godliness and ungodliness , by mr farmer of bristol . stablishing against quaking , by mr termin . the northern blast . the quakers catechism , by mr. baxter . with divers others . one of them lately affirmed ( to a person of honour here ) their party to be strong enough to procure their will by arms , if they listed . for larger particulars of this nature , reade mr. baxter of the sin against the holy ghost , printed pag. , , , &c. beckmans exercitations . hoornbeck , de haeretic . calvins psychopannychia , &c. erastus contrae paracels . &c. quien te háze fiesta que no lo súele hazer , o tè quiére engannar , o te ha menester . a spanish proverb too much verified in them . tim. . . galat. . . rom. . , , zech. . , , . see euseb. socrat. sozomen . zonar . epiphan. augustin . thess. . , , , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . joh. . . * witches . see n. engl. hist. relat. jud. v. , . tim. . . zech. . , , , . rev. . . mark . . matth. . . see gesuer . zuinger . eraestum . beckmans exer. see legend . aur. de vit. sanctor . histor. indiar . quien a su enemigo popā , a sus manos muere . adag. hisp. rev. . , see the relations and books of the quakers in all parts . * an italian vermin . from anno , to . about years ago . prov. . . rom. . joh. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . see codic . justinian . bracton . brito . mirrour of engl. laws . gildas . tacit. fortescue . coke's instit. reports . sr nath. bacons governm . of engl. sr fran. bac. rom. . . hos. . fleta , littleton , selden , ●… matth. westm. rom. . . the histories and books of the quakers fully clear all these things particularly . joh. . , , . joh. . . eph. . , . rom. . . act . . eph. . , . pet. . , . act. . . rom. . , , . eph. . , , . rom. . . thess . . pet. . . jud. . tim. . . genes . . col. . . eph. . . heb. . . pet. . , . eph. . , , . cor. . , tim. . , , . psal. . psal. . veritas mentis , oris , operis . matth. . . psal. . . psal. . . isa. . . heb. . . gen. , & . deut. . . joh. . . tim. . . joh. . , . cor. . matth. . . cor. . , , . cor. . , . rom. . , &c gal. . , . cor. . , , . cor. . matth. . , , , . rom. . crudelis morbus crudelem facit medicum . prov. les cousciences libertines sont de vrages bestes saenuages , adag. gallic . see engl. hist. chro. . . eccl. . . luk. . . la cóz de la yégua no haze mal al pótro . adag. hispan . miédo guarda vinna y no vinnadero . hispan . prov. job . . job . . gen. . , . * a great quaker . cor. . . gen. . eccles. . . tit. , , . heb. . . heb. . . act. . . judg. . . judg. . , chro. . , , . isa. . . jerem. . . eph. . , , . gal. . , . joh. . , , , &c. eph. . . matth. . . cor. . . gen. . . rom. . , , , . joh. . , . jam. . . matth. . , , . matth. . , , , , &c. . cor. . , . tit. . . rev. . , &c. exod. . rom. . zech. . mat. . , . chro. . . king. . . psal. . . ezek. . , , , &c. matth. . . zech. . , , , . psal. . . micah . . matth. . . rom. . . cor. . . matth. . matth. . matth. . . praemium as paena bases humana societatis . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ab à privat . & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} terra , i. e. à terra secretus . pet. . , lev. . . exod. . . rom. . , , . john . mat. . , . matth. . . rev. . . jud. v. , . cor. . . cor. . , . cant. . . pet. . . pet. . . heb. . . phil. . , , . isa. . . rev. . . prov. . , . rev. . . matth. . . cor. . , , . act. . , , . act. . . sam. . . vilescent {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ezra . . ezr. . , . dan . . dan. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . arist. polit. , . isa. . . matth. . . john . isa. . . cor. . . prov. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} cor , vel conscientia bona , convivium perpetuum . isa. . . a cavallo ceme dor , cabistro corto . fro hisp. mat. . , . luk. . . chron . jer. . . john . tim. . . august . confess . ephestions physician lost his life for neglect of his patient , who died also . quint. curt in vit. alexandr. plutarchus . matth. . . luk. . . exod. . , , . deut. . , . neh. . . malac. . , . chron. . , , , , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} chron. . chron. . isa. . . deut. . , , , , &c. deut. . , . &c. pet. . , . tim. . , , , . eph. . , . joh. . , . gal. . . isa. . . malach. . , . psal. . , . joh. . . cor. . . joh. . . cor. . , . prov. . . cor. . , , . deut. . , . thess. . , . isa. . . thess. . , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . psal. . , , . psal. . psal. . psal. . thess. . tim. . rev. . omenezádos pan comén . pr. hisp. rev. . . rev. . , , , , , , euseb. zech . . rev. . . tim. . , , . isa. . . pet. . , . no prophesie is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but generally applicable to all ages . rom. . , . like the atabantes , that fiercely shoot their arrows at the sun , for scorching of them . plinius . plutarch see bellarm. stapleton . stcuch . gretzer . gordon . becan . &c. veritas magna & praevalebit . curvata resurget . plin. diosc . * in the great parliament . thess. . . rom. . , , , , , , , &c. cor. . . eph. . . chron. . , , . zech. . . chron. . , , , , . notes for div a e- cor. . , . rom. . . gal. . , , . act. . . act. . , . cor. . , , , , &c. coloss. . . john . . act. . , , , . gal. . . act. . * in the beginning of decem. . prov. . , . tit. liv. flor. josh. . . hebr. . . an act impowering judges for probate of vvills, and granting administrations public general acts. . england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act impowering judges for probate of vvills, and granting administrations public general acts. . england and wales. sheet ([ ] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : . dated at end: ordered by the parliament, that this act be forthwith printed and published. passed the th of may . tho. st nicholas clerk of the parliament. steele notation: autho- powered june. annotation on thomason copy: "may. .". reproduction of original in the henry e. huntington library. eng law -- great britain -- history -- early works to . courts -- law and legislation -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no an act impowering judges for probate of vvills, and granting administrations. england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act impowering judges for probate of vvills , and granting administrations . be it enacted by this present parliament , and by the authority thereof , that john sadler , john sparrow , and samuel moyer , esqs , be , and are hereby nominated and appointed iudges for the probate of wills , and granting administrations . and the said john sadler , john sparrow , and samuel moyer , or any two of them , are hereby authorized , impowered and required to hear , order , determine , adjudge and decree in all matters and things , as iudges for the probate of wills , and granting of administrations in as full , large and ample maner as any other iudge or iudges for probate of wills , and granting of administrations at any time heretofore might or ought lawfully to do : to have , hold , exercise and enjoy the said office or place of iudges for probate of wills , and granting of administrations , until the thirtieth day of june one thousand six hundred fifty and nine , and no longer . ordered by the parliament , that this act be forthwith printed and published . passed the th of may . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . an act for the taking away the court of vvards and liveries. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for the taking away the court of vvards and liveries. england and wales. parliament. sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : . text in black letter. signed: hen: scobell, clerk of the parliament. reproduction of the original in the british library. eng england and wales. -- court of wards and liveries -- early works to . courts -- england -- early works to . a r (thomason .f. [ ]). civilwar no an act for the taking away the court of vvards and liveries. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for the taking away the court of wards and liveries . whereas the four and twentieth day of february , in the year of our lord , one thousand six hundred forty five , the court of wards and liveries , and all wardships , liveries , primer-seizins , and oustrelemaines , and all other charges incident or arising for , or by reason of wardships , livery , primer-seizin , or oustrelemaine ; and all tenures by homage , and all fines , licences , seisures , and pardons for alienation , and all other charges incident thereunto , was by the lords and commons then assembled in parliament , taken away ; and all tenures by knights service , either of the king or others , or by knights service , or capite , or soccage in capite of the king , were turned into free and common soccage ; for the further establishing and confirming the same , be it declared and enacted by his highness the lord protector , and the parliament , that the court of wards and liveries , and all wardships , liveries , primer-seizins , and oustrelemaines , and all other charges incident and arising , for , or by reason of any such tenures , wardship , livery , primer-seizin , or oustrelemaines , be taken away , from the said four and twentieth day of february , one thousand six hundred forty five : and that all homage , fines , licences , seisures , pardons for alienation , incident or arising , for or by reason of wardship , livery , primer-seizin , or oustrelemaine , and all other charges incident thereunto , be likewise taken away , and is hereby adjudged and declared to be taken away , from the said four and twentieth day of february , one thousand six hundred forty five : and that all tenures in capite , and by knights service of the late king , or any other person , and all tenures by soccage in chief , be taken away ; and all tenures are hereby enacted and declared to be turned into free and common soccage , from the said four and twentieth day of february , one thousand six hundred forty five ; and shall be so construed , adjudged , and declared to be for ever hereafter turned into free and common soccage . nevertheless , it is hereby enacted , that all rents certain and heriots , due to mean lords or other private persons , shall be paid ; and that where any relief , or double ancient yearly rent , upon the death of an ancestor , was in such cases formerly due and payable , a double ancient yearly rent onely in lieu thereof , shall now be paid upon the death of an ancestor , as in free and common soccage ; and that the same shall be recovered by the like remedy in law , as rents and duties in free and common soccage . hen : scobell , clerk of the parliament . london , printed by henry hills and john field , printers to his highness , . a treatise of the true and ancient jurisdiction of the house of peers by sir robert atkyns ... atkyns, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a treatise of the true and ancient jurisdiction of the house of peers by sir robert atkyns ... atkyns, robert, sir, - . [ ], p. [s.n.], london printed : mdcxcix [ ] reproduction of original in the harvard law school library created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. courts -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a treatise of the true and ancient jurisdiction of the house of peers . by sir robert atkyns , knight of the bath . state super semitas antiquas . london : printed in the year mdcxcix . to the honourable the knights , citizens , and burgesses of the house of commons in parliament assembled . the humble petition of sir robert atkyns knight of the bath , sheweth , that your petitioner , in the several publick employments he hath undergone , hath had more than ordinary occasion of observing the encreasing iurisdiction of the courts of equity in this kingdom , and how the common-law ( the birthright of every englishman ) hath been , and still is every day more and more invaded by it . he hath taken the pains to collect many of those continual complaints from time to time made by the commons of england in parliament , against the exercise of that new iurisdiction in the very beginning of it . and your petitioner hath great reason also , to take notice of the exercise of the iurisdiction of appeals from the proceedings of those courts : and humbly presents this honourable house with what he hath collected , in order to your service therein . your petitioner craves leave to make use of that freedom which belongs to every englishman , to tender you a complaint against so publick ●nd spreading a grievance . he doth not appeal , nor complain of any thing that meerly concerns himself : he only subjoins a case wherein himself was a party , meerly as an instance of the large exercise of a power against the known and fundamental rules of the common-law , as he conceives . that case of your petitioner happened very lately in the chancery ; but it is generally known in the courts of westminster-hall , that as your petitioner had occasion , he hath for many years frequently and publickly in his station enveigh'd against the encroachments of courts of equity , and that late course of appeals . but on the behalf of the whole kingdom he humbly offers his service , and lays before you what he hath observed and collected upon this subject , after near threescore years experience . and submits all to your wisdom , to proceed in providing iust remedies . and your petitioner shall ever pray , &c. robert atkyns . of the supreme jurisdiction in the kingdom of england . the house of lords have a very ancient and transcendent jurisdiction ; but it is not absolute nor arbitrary in the exercise of it , nor universal ; and in all cases it is a power limited by law , and must be exercis'd according to the known rules of law. and though the peers are very great and honourable , yet they are but men , and not infallible ; and therefore a writ of error lies upon their judgments : and the law allows that liberty to the meanest subject , to demur to the jurisdiction of any court whatsoever , even that of the house of lords . let us enquire into their jurisdiction , when it began , and in what cases they have a right to it . an eminent author , suppos'd to be the late lord hollis , upon occasion of the great cause between skinner and the east-india-company , ( so much disputed between the two houses of parliament ) hath in print asserted . that the house of peers hath their right of judicature from the beginning of the nation , page . he affirms it is a power lodged in them by the very frame and constitution of the government . as to the extent of their jurisdiction , page . he affirms , that they have an undoubted right to an universal and unlimited power of taking conusance of all manner of causes of what nature soever ; and of judging and determining of them , if no particular law do otherwise dispose of them . nec metas rerum , nec tempora ponit . the first of these seems to entrench very far upon the regal power . he not only makes their power equal in time to it , owning no derivation from it , but in effect claims a co-ordination with it : but the claim of such an independent and original power , sounds like that which is taken to be a peculiar of the supreme power , as to the administration of it , viz. in all causes , and over all persons , &c. nay , he holds that the peerage sets bounds both to power and liberty , page . as this author maintains it . it may easily be understood ( by what follows ) what is meant there by ( power ) viz. the regal administration of it . whereas the common-law of england , and all the authors and writers of it , do with one consent acknowledge , jurisdictions within this realm are deriv'd from the crown . and that no court hath an absolute and unlimited power , save the supreme court of the nation , consisting of the king , lords , and commons assembled in parliament , and in them indeed is the true supreme power under god. but that , according to the different nature of causes , some are distributed into one court , and some into another : but not any one court hath jurisdiction in all causes , save that of the parliament . and that all courts must proceed by some certain known rules , that is , the courts of the common-law , secundum legem & consuetudinem angliae ; and courts of equity , according to the ancient and constant precedents , and usage . but this court of peers ( for i confine my self still to what is asserted by this noble author ) doth wholly exclude the king , and ingross all to themselves ? no , by no means . he allows the king a single voice among them , page . as a chief justice in another court , whose voice or opinion hath no more force than that of a puisny judge . no , not so much as a casting-voice , where they are equally divided . i shall offer to consideration upon what grounds and proofs this noble author doth entitle the house of peers to this unlimited jurisdiction . he hath been led into these opinions , i fear , by some late over-zealous and injudicious writers , who , out of a too fond and forward zeal to depress the house of commons , in the late exorbitant power which they took upon them in the late times , in order ( i say ) to the decrying of their usurped power ; those writers thought they could never sufficiently exalt the power of the lords , to over-ballance that of the commons . and it may perhaps be useful ( by the way ) to take notice of the strange revolution that in the late times happened to the government of this nation . . our kings began first to strain prerogative too high upon the subject . . both the houses of parliament thereupon join'd together in usurping upon the regal power . . after some short time the late house of commons , by the help of their army , laid aside the house of lords . ( sic cum sole , perit syderibus decor . ) . after some time again a lesser part of the house of commons exclude the greater part . . and these their own army over-top , as being but the fragment of that house . . — sic medus ademit . assyrio : medóque tulit moderamina , perses ▪ . persen subjecit macedo , cessurus & ipse . romano . these modern writers , who are such earnest advocates for the house of peers , ascribe to the lords all that vast power and jurisdiction , which they read in our ancient histories to be exercised by the national assemblies in the times of the old british , saxon , danish , and norman kings . thus writes mr. william pryn , in his plea for the lords and house of peers , page . that the house of peers had this sovereign jurisdiction vested in it both in the times of the brittish , saxon , danish , and norman kings ; and other modern writers chyme in with him . whereas it is most evident by our more ancient and most judicious authors , and antiquaries , that the great assemblies which were convened in ancient times here in england , were quite of another constitution and complexion from the now two houses of parliament , and had no resemblance to them . it was in those ancient times but one great and numerous assembly that met : not distinguish'd either by those several terms of lords and commons ; or by two houses , the upper and the lower , nor by any other dividing titles . those great assemblies had under our several kings , and together with them , the whole legislative , and judicial power , with little distinction to be found in the exercise of those two mighty powers . the members of them were not qualified neither by any title of honour , ( though there might be honorary titles in those times ) but they were qualified and entitled to their power by their possessions and tenures , and some few by certain great offices . this great assembly could not properly be called the representative of the nation , ( for they came not all to these assemblies as chosen by the people ) but most of them came thither in their own personal inherent right , and might more justly be call'd , the principals of the nation , and look'd upon as the true owners and proprietors of the nation , accounting the land-interest to be the main , and the true , and stable interest , and might therefore truly be termed , the nation it self assembled , or the people assembled . it was the land-interest then that gave both honour and power . dat census honores ; yet it cannot be denied , but that the ancient boroughs did elect their representatives , even in the most ancient times , who were at first a small part of these great assemblies ; though now much more numerous , and weigh down the ballance ; and this is proved to have been long before the time of king henry the third , though those late writers date it from that time only . it would be folly to undertake to give any clear or large account of the supreme judicatures that were in the times of the ancient brittons , saxons , or danes , which many of our late writers pretend to do . for tacitus in the life of agricola tells us of the old brittons , that at the time of the coming of the romans into this land , they did not so much as in commune consulere ; that is , they had no common-council , nor did they meet together to consult how to repel their common danger ; but were divided into a multitude of feuds and factions , under their reguli or pretty princes . rarus duabus tribusve civitatibus ad propulsandum commune periculum conventus . after the britons were wholly subdued by the romans , they receiv'd law and magistracy from their conquerors . net legibus suis patriis uti permissi sunt ( though it is impli'd , that they had laws of their own ) sed magistratus à populo romano cum imperio & securibus missi , qui jus dicerent , says learned cambden in his britannia page . for which he cites his authors . the saxons , who succeeded the romans , divided the nation into seven parts , and constituted the heptarchy . it were in vain to search for an house of lords , or any one supreme judicature all that time for all the nation . the supreme judicature in those times must be seven in number , if any ; for the seven were independent one of the other . most part of the state of the saxon government is so obscure ( says our great selden ) that we can see only steps or torn relicks of them , rather than so much as might give full satisfaction . if there be any thing in their times to our purpose , ( that is , concerning one supreme court of judicature , to which the whole nation was subject ) it must fall towards the latter end of the saxon times ; after egbert , king of the west-saxons , had reduced the other parts of the heptarchy under his obedience ; when they did in unum coalescere , and were all seven melted down into one mass. and after the several governments and parts were united , though the government was but one , yet there were three several and distinct laws remain'd in force , which had their several limits and precincts . see lambert , de priscis anglorum legibus , page . and these were not meerly some certain different customs ( for so it is to this day in our several counties ; as of gavelkind , and burrough - english , &c. but they were under three distinct systems or bodies of laws ; so that it could not be any way practicable during that time , to have any one great court of judicature for the whole land. by which of those three laws should that great judicature have proceeded ? but after some time those three different bodies of laws were found incompatible with one entire government , as it came to be at last ; and therefore king edgar ( a saxon king ) out of these three bodies of laws , by the counsel of his wise men , compos'd one great body of law to be observ'd by the whole nation of england . and edward the confessor gave new vigour and life of this new body , which was afterwards extracted out of those three old bodies of laws , and are indeed the fountain and materia prima of that which we now call , the common-law of england . from these we derive our trials by twelve men , our levying of fines of lands , and the offices of sheriff , coroner , constable , and many more of our laws , customs , and offices continued amongst us ever since unto this day . and these are those good old laws of king edward the confessor , which william the first ( who is stiled the conqueror ) did more than once swear to govern by ; which proves him to be indeed no conqueror . and these make up the greatest part of our magna charta . i shall mention some few precedents , in the time of the saxons , of their supreme judicature , and examine what resemblance they bear with that used at present amongst us . and then i shall give some account of the supreme court of judicature in the beginning of the norman government during the time of their first six or seven kings ; and by the way still examine , how justly any court now in being , can be said to derive their power from them , and to sit and succeed them in their seat. and in the last place , i shall make my conjecture , how and at what time the magnum concilium in parliamento , or the house of peers , first began to exercise the supreme judicature . and while i run through the precedents , and cite my authors , whoever reads them , may at the same instant make their observation of these particulars ensuing , which i conceive will evidently result and arise from them . . first , that the supreme power of legislature , and the supreme power of judicature ( which yet are distinct things in themselves ; for it is one thing , jus dare , and another thing , jus dicere ) both these high powers ( i say ) under our several ancient kings , resided in one and the same assembly , consistting of the very same persons , but with different methods in their way of proceeding , that is , whoever had an hand in the legislature , was not excluded from the judicature , wherein it differs from our present constitution ; which is , that the house of peers , who have but a share in the legislature , yet now claim to themselves the sole power of judicature as the last resort . . secondly , another thing that i shall observe out of the several precedents and authors that i shall mention , is this , that the great convention and assembly that anciently had these two great powers of legislature and judicature , were but one entire great body and assembly , not divided into two or more parts , nor distinguish'd ( as now ) into two houses , or by the names of lords and commons ; but these powers resided equally in them , tota in toto . . thirdly , that all , or the far greatest part of the members of these great assemblies , came not thither by the choice , or at the will and pleasure of the prince , as he thought fit to single them out by name , ( as peers are made usually ) nor did they all come by election or office , though there were some of both those sorts , viz. the bishops , and the burgesses of the burroughs : but the far greatest part came by a certain right they had to meet in those assemblies ; but what gave them their right , or qualification , or capacity , so to meet , doth not so clearly appear to an hasty reader of our history , and antiquities . it is evident , it was not any meer title of honour or dignity ; for anciently in england there were not any dignities but what were also accompanied with offices , and ceased with the office. but it did proceed from their lands and posessions : which as they gave them honour , so they gave them power and authority in those ancient times . and this they learnt from the romans , whose example was followed herein by most of those nations that had fallen under their conquest . . fourthly , these assemblies were very great and numerous , far exceeding in number both houses of parliament at this day ( were they both put together ) so that they cannot with any colour of reason be thought an assembly of lords only , ( as our novel writers would impose upon us ; ) for it is absurd to think that so great a number should be all lords , for then there would be none left in the nation to bear the character of commons , save only the plebs , or faeces populi : and the title or distinction of lords cannot subsist , without a body of some inferiors , from whom the lords may be distinguish'd . tolle relatum , & tollis correlatum . . fifthly , though the freeholders of the several counties did not then ( as now ) meet in those assemblies by their representatives duly chosen , so that any assembly could properly be said to be the representative of all the commons of england , ( which is much insisted on by our new fort of authors , who would decry and depress the house of commons , as being but of yesterday , in comparison with the antiquity of the house of lords ; that is , but from the nine and fortieth year of king henry the third ; whereas the lords have been ( as they affirm ) from time immemorial , and co-aeval with the nation it self ; yet ( which is more in vindication of the antiquity of the commons in parliament ) it will appear , that the freeholders generally met there themselves , ( in the great assemblies then used ) in their own proper persons , undistinguish'd by any such terms of lords and commons and all were upon the same level . a representative is but of the nature of a deputy , or delegate , to supply the place of one that is absent ; such as in the house of lords they call proxies , ( who sometimes have been such as were no members of that house ) and such as in the convocation of the clergy they call'd procuratores cleri . but the great freeholders , as being the principals ( rightly called ) may more properly , and in a true genuine sense be stiled , the national assembly . those met in their own proper personal capacity ; for the land-interest in the hands of the true owner ( the freeholder ) is the only true , stable , permanent , fixed interest of the nation . the farmers and copy-holders were at first , and in ancient times look'd upon , and accounted , but as servants and dependants upon the freeholders , and little regarded by the common-law . and for those that followed merchandize , and trade , though they ever sent to these great assemblies by election , ( the manufacture of woollen cloth greatly flourishing in the reigns of king henry the second , and king richard the first , which gave occasion to those ancient guilds or societies that were setled in lincoln , york , oxford , and other cities , and ancient burroughs in england ; which trade was wholly lost in the troublesome times of king iohn , henry the third , edward the first , and edward the second : and then our trade ran in woolls , wooll-fels , and leather , carried out in specie , till recover'd again by the peaceable times of king edward the third , as the most learned in the law , the late chief justice hales does assert in his origination of mankind ; ) yet those ancient burroughs were not then so numerous in those elder times , nor were the traders then in so great esteem , as having to do in moveables only , and a transient interest ; and as we use to say , here to day , and gone to morrow , and were therefore of an inferior account , and made no great figure . and it was then a legal disparagement for the guardian in chivalry to marry the ward , being the heir of a freeholder that held by knights's service to the daughter of the burgess of a burrough . . sixthly , the last observation shall be this , that the freeholders encreasing at last , in their number , by the sub-dividing of their posessions and tenures , and thereupon growing seditious and tumultuous , and an unwieldly body , and less valuable and venerable in their individuals and particulars , mole ruebat suâ , they came to be divided , and the greatest part of them at last discontinued their coming to these assemblies , and so they broke in two , and fell into two houses , and their powers became parted between them ; and one part assum'd or had assign'd to them , some of the powers , and the other part what was left : cúm quercus decidit , unusquísque ligna colligit . yet there is reason to think that it was thus distributed and determin'd by agreement in a national assembly . these observations and conclusions i have thought fit and proper , to propose before i peruse the precedents , and cite my authors ; that the reader may take notice , by the way , upon the opening of them , how properly , truly , and naturally these observations result , and are made out , some by one precedent and author , and some by another , which otherwise by an hasty reading might possibly escape the being observ'd . it will not be altogether impertinent , by the way , to take notice of the temper and usage amongst the ancient britons , before the coming of the romans , testified by our most credible authors which seem to have a countenance this way , viz. of translating all publick affairs by the body of the freeholders : and that it may appear , that this humour of the nation was , as we use to say , bred in the bone . although they seldom or never had any national assemblies , as before hath been observ'd , unless upon some great and extraordinary sudden occasion , like that of chusing cassibilan for their general upon the invasion by the romans , or the like , which was but temporary . tacitus , the roman annalist , says of the ancient britons , de minoribus rebus principes consultant : de majoribus , omnes . ita tamèn ut ed quóque quorum penes plebem arbitrium est , apud principes praetractentur . note , ( principes ) here signifies not princes or monarchs , but the great or chief men , as will appear by what follows . the plebs , or common sort , were not excluded , whenever they did consult , or transact any publick affairs . ziphilinus out of dio cassius , speaking of the britons . apud hos ( says he ) populus magnâ ex parte principatum tenet . this is not meant of the power of government , as if they were a republick , or had any thing of a democracy ; for caesar in his commentaries tells us , that the old and primitive government amongst the britons , as to the title and outward form of the administration , was monarchial and regal . olim regibus parebant ( says he ) . but it must therefore be understood , that the people had this principatum in subordination to the kings . it was not engross'd into the hands of an aristocracy ; and what can principatus else consist of ; unless in legislature and judicature ? our late innovators would have us believe , that ( populus ) doth sometimes signify only the lay-lords , met in these ancient great assemblies , in distinction only from the clergy ; as when our annals or records mention clerus & populus , ( as they often do ) it is not ( say they ) to be understood , as if the common people met ; but only those of the higher rank , the lords , or nobility . therefore i have cited tacitus , who speaks of the plebs , or plebeians , who used to meet to consult of the greatest matters , de majoribus omnes consultant , as before was observ'd . ( omnes ) comprehends the plebeians , and excludes none . but under their favour ( populus ) does most usually signify all but the highest rank , and is exclusive to them only , though sometimes by way of distinction from the prince or clergy . thus in that old lofty title of the roman republick , senatus populùsque romanus , where the word ( populus ) is exclusive of the senate , and distinct from it . thus learned vinius the civilian in his commentaries upon the imperial laws , page . says plebs à populo dissert , nam appellatione populi , universi cives significantur , connumeratis etiam patriciis & senatoribus . plebis autem appellatione sine patriciis & senatoribus , caeteri cives significantur ; but in no author ( till among these new writers of ours ) does ( populus ) signify the lords or patricians , exclusive to the middle or common sort ( as they would have it . ) to come to the times of the saxons , who next succeeded the romans , even in the time of the heptarchy , we have one instance or precedent in the time of ina , king of the west-saxons , ( which was the most powerful of all the seven , and at last swallowed up all the rest . ) lambert in his book , de priscis anglorum legibus , fol. mo . beginning with king ina , anno . says , he made his laws suasu & instituto episcoporum suorum , omnium senatorum suorum , et natu majorum sapientum populi sui , in magna servorum dei frequentia . brampton ( the historian ) as mr. selden cites him , renders it , multáque congregatione servorum dei ; and lambert again , fol. . says , king edgar anno . ( who was one of the english monarchs after the time of the heptarchy ) gave his title to his laws thus , viz. leges quas rex edgarus frequenti senatu sancivit : and afterwards , fol. . in a remembrance and recital of some of king ina's laws , it is said , hoc factum fuit , per commune concilium & assensum omnium episcoporum , principum , procerum , comitum ( no word of baronum ) for they were not in being till afterwards in the time of the normans . but the title of king ina's laws goes on , and says further , et omnium sapientum , seniorium , & populorum totius regni ; that is , in english , the common-council of the whole nation was made up of all these , and but one body . in the time of king etheluph , king of west-sex , there was a great assembly , or parliament ( says mr. selden ) held at winchester , anno . ( now above years since : ) where were present the archbishop ( but one ) bishops , and ducum , comitum , procerúmque totius terrae , aliorúmque fidelium infinita multitudo , for which he cites ingulphus . this was at that time the supreme judicature , and the last resort . there was a proceeding in a civil cause before their supreme court , or witena-gemot ; under king eldred , son to king edgar , who began his reign ( says dr. heylin ) anno . one leoffius had bought land of adelwold bishop of winchester , and denied to pay for it ; and he had also dis-seis'd the bishop of certain other lands : edicitur placitum apud londoniam ; where the duces , principes , satrapae ex omni parte confluerant ; which word ( satrapae ) extends to the middle sort , as i shall show by and by . the bishop coràm cunctis suam causam patefecit ( he opened and pleaded his own cause ) before them all . quâ , rè , benè , & ritè , ac apertè ab omnibus discussa ( not commanding the parties and auditors to withdraw while it was debated by the court ) omnes reddiderunt iudicium on the bishop's side . this case is also mention'd by mr. selden in his titles of honour , page . one case more that i shall trouble the reader with of the saxon times , shall be that of earl godwin in the time of edward the confessor , seld. ib. . there the king himself , in his own person , did sue an appeal of murder against earl godwin for the death of alfred ; the witena-gemote sate at london and the cause was heard before omnes regni magnates ; where the word ( magnates ) comprehended also persons of the middle sort , as well as those of the highest rank , ( as i shall clearly prove ) ; but the matter was compounded , and twelve earls bought it off with as much money as each of them could carry to the king in their arms. note , this was in the time of a saint king too , viz. ( st. edward . ) i come now to the times of the normans , where we may have a much clearer account , and by the precedents and writers of those times , the observations i have made concerning the different constitution of the supreme judicature then , from what is now used , will much more evidently appear . william the first ( stiled the conqueror ) though he took great care to enquire out the laws and customs of the realm used in the time of edward the confessor ( his immediate predecessor ) by a jury of twelve men out of every county , and took an oath more than once to observe them ; yet he introduced a mighty change in the state of affairs in disposing of the lands , and reserving new tenures . but this i may with some confidence affirm , that though the persons were changed , that is , french or normans instead of english or saxons ; yet the substance , the frame and constitution of the government still continued as it was before , and likewise the body of the laws . the saxons witena-gemot now began to be call'd a parliament , after the french language ; but it consisted of the same sort of men , whose right to meet there ( i speak as to the generality ) was from their possessions : and in like manner , and of the same persons , was the supreme court of judicature compos'd , though different in power ; yet was there no difference in the qualifications of persons . now the old titles of dux , alderman , or earl , heretoche , vavasor , and thane , where translated into comes , and baro , though very improperly . but long after this aera , or epoche , of the coming of the normans ( as before ) , they were no otherwise honorary than meerly as they were officiary , or feodal . there were no stars that serv'd only to shine and glitter , but they all had their useful influences too : and the honour was but the shadow or reflexion of their power and authority , and they had the ballast too of large possessions . ut romae olìm senatores è censu eligebantur ; so was it ever in england till the time of king edward the first , or edward the third , when meer swelling titles came in the place of offices and estates . and it seems very consonant to reason and justice , that none be admitted to a share in the legislature , ( which disposes of lands , and imposes taxes and charges upon them ; ) and that none have a voice in the supreme court of judicature , ( which judges and determines ultimately of estates and titles to lands , ) but such as have good estates in lands themselves ; as by the old saxon law ( which continues law still ) that none shall serve of a jury that is to try the title of land , but he that hath a freehold in land of his own . the bishops in the saxon times held their lands free from all secular service in frank-almoign ; but they had place and voice in parliament , as bishops , and as they were spiritual only , but not in respect of any tenure or baronies , as afterwards they did in the times of the normans . and burgesses were elected to serve for the several burroughs ( which were then but few ) as is clearly proved by the record of edward the second , of a petition of the burgesses of st. albans , as it hath been publish'd by mr. petit of the temple . and it is very likely , that the great officers of the kingdom came thither by virtue of their offices . but the greatest part ( no doubt ) of that great body , was made up of those who had a right to meet there in respect of their possessions ( their freeholds . ) and from thence , and from the great power and authority which they shared in , at those great assemblies , they were in the old saxon laws and annals stiled nobiles , magnates , proceres , primates , principes , seniores , sapientes , and by such like compellations . and from hence have arisen those gross mistakes and errors , which some of our late zealous writers have been guilty of , who affirm , that ever any one house , as now constituted , had that great power from the first constitution of the government . in our saxon laws and annals , all the great things that were acted in those times , and all the laws that were then made , and the judgments then given , are reported to be made and done , by persons describ'd and mention'd by the titles then in use ; namely , by the names of aldermen , or thanes ; and by the attributes of nobiles , principes , proceres , and the like . our norman translators when they translate those saxon titles , render them ( though unduly ) in the dialect , and by the titles used in their own times , viz. comites & barones ; because in their own times none were usually accounted magnates , nobiles , proceres , principes , and the like , but such as were in the ●●●mes stiled comites and barones . from hence our late inconsid●rate authors , ( such as sir robert filmer , mr. pryn , and others ) hastily catch at these mis-translations , and from thence fiercely argue , that all the power both of law-making and judicature under our ancient kings were only in the comites and barones , and so still ought to be ; and that the commons have but usurp'd upon the house of peers , and that from the time only of king henry the third . whereas in truth there were in those times of the saxons no such titles ( as comites and barones ) in use , to any such purpose as they have been applied to , since the coming of the normans ; and they had another kind of signification and power , long after the coming in of the normans , till about the time of king henry the third , than what they have now ; and not till much about the same time is it that these anti-commoners allow to be the first beginning and date of the jurisdiction of the house of commons ; and that till then there was no such house . our famous selden takes notice of these mis-translations of the saxon laws and annals by the norman writers , pag. . of his titles of honour . the translation , says he , of ( alderman ) or ( earl ) in king athelstan's laws into the word ( comes ) proceeded from the ignorance of them , who , after the norman monarchy , in their turning and translating the saxon laws , thought that ( earl ) was used for ( comes ) in king athelstan's time , because it was so afterwards in their own times . that kind of fault ( says selden ) is most common . sir henry spelman ( another of our learned antiquaries ) takes notice of the same errour in our norman translators , in rendring words and titles , non è more saeculi antiquioris , but according to the titles of honour used in their own times ; when in truth they signified different things . as if a man should go about to prove the name and office of high-sheriffs to be as ancient as the times of the romans ; because godwin in his roman antiquities , page . translates the words ( triumviri capitales ) into ( three high-sheriffs ; ) and should argue that whatever was done at rome by those ( triumviri ) should therefore belong to the office of our high-sheriffs , which would be ridiculous . we may as well argue that the vast power exercis'd heretofore in england by the capitalis iustitiarius angliae ( as his title was ) who indeed was all one with a pro-rex or viceroy ( and whose office wholly ceased in the time of king edward the first ) may now be used by the chief-justice of the kings-bench , who often hath the same title as ( capitalis iustitiarius angliae ) given him . ( nobilis ) says mr. selden in the saxon times denoted every gentleman . now because ( nobilis ) in our times is mostly restrain'd to the peers of the realm , whom we call ( the nobility , ) our new writers and arguers ascribe all that power to the lords in parliament , which they read in the norman translators ( such as matthew paris , &c. ) was exercis'd in the saxon times by those that in those times were stiled ( nobiles ) ; when in truth that power and authority was in the times of the saxons likewise in the hands of the middle sort of persons in the kingdom , as well as in those of the highest sort under the saxon kings , and all then called ( nobiles . ) thus ( thanes ) who in the saxon times signified lords of mannors , and was not a distinction of honour , is generally translated ( barones ) by our ( norman ) translators ; and that was not so altogether improperly done ( as i shall show by and by ; ) for the word ( baro ) from the time of the coming in of the normans , and a long time after , signified no more than a ( tenant in capite ) and was then no title of honour . the words nobiles , proceres , magnates , optimates , and such like , were not in the saxon times restrain'd to the men of the highest rank , such as our earls and barons are now ; but extended to all persons of the better sort , and above the vulgar . not only to patricians and those of the senatorian order , ( to speak in the roman dialect ) but also to those of equestris ordinis , excluding none but the ignota capita , or sine nomine turba , such as the romans stiled ( plebeians . ) sir henry spelman , in his glossary , page . avo henrici primi ( says he ) procerum appellatione computari videntur omnes maneriorum domini : so that titles in the saxon times , and in the beginning of the norman times did all resolve themselves into possessions of lands , and were feodal . for the word ( magnates , ) it most clearly includes also those of the middle sort ; or ( as i may term it in the now dialect ) of the lower nobility . mr. petit of the temple , in his book of ( the ancient right of the commons asserted ) cites a record in the tower , tertio of e. . membrana ta . dorso , rotulo clauso ; where there are these words enter'd , viz. inhibitio , nè qui magnates , viz. comes , baro , miles , seu aliqua alia notabilis persona transeat ad partes transmarinas . so that by this ( videlicet ) milites are comprehended , under the word ( magnates ) , and nobilis , is no more than ( notabilis . ) fleta lib. . cap. . fol. . . h. . in majori aula westm. in praesentia regis , archiepiscoporum , episcoporum , abbatum , priorum , comitum , baronum , militum , et aliorum magnatum regni angliae , &c. which allows ( milites ) to be ( magnates ) in the time of king henry the third , and some inferior to ( the milites ) under the word ( aliorum . ) lambert in his book de priscis anglor . legibus . fol. . recites verbatim a charter of king henry the first , de confirmationibus legum edwardi regis . testibus archiepiscopis , episcopis , baronibus , comitibus , vice-comitibus , et optimatibus totius regni angliae . so that the word ( optimates ) stoop'd as low as to knights and sheriffs ( for there were no vicounts till long after the time of king hen. the first . ) the same sense of the words ( magnates & proceres ) appears in a record of the exchequer in the king's remembrancer's office , inter communia brevia de termino trinitatis . . e. . nay , the words ( baro & baronagium ) which one would think should be propria quarto modo , to our peers , and should be peculiar and characteristical notes of distinction between peers , and all others their inferiors : these very words had a much larger extent , and were comprehensive of all tenants in capite ; nay , communicable to all lords of mannors , if not to all freeholders : and this for a long time after the coming in of the normans , who introduced them first amongst us . and the very title of ( barones ) gives all our peers , whether dignified with those higher titles of dukes , marquesses , earls , or vicounts , the sole right of sitting in the house of peers , and they sit there eo nomine , and not meerly by force of those higher titles . hence it is , i presume , that those higher dignities are never conferr'd alone , but accompanied at least with that most peculiar title of the peers , i mean the barons . now nomine baronagii angliae , omnes quodammodo regni ordines continebantur , ( says learned cambden ) in his britannia , page . and sir hen. spelman in his glossary , page , , , , . upon the words ( barones comitatûs ) says , hoc nomine contineri videtur antiquis paginis omnis baronum feodalium species . proceres nempè & maneriorum domini , nec non liberi quíque tenentes , anglicè freeholders , qui iudiciis praefuere aulae regiae , the then highest court of judicature . selden in his notes upon eadmerus . fol. . the same learned author , in his titles of honour . fol. . . tells us , that in the beginning of the reign of william the first , honorary or parliamentary barons , were only barons by tenure , and created by the king 's writ or charter of good possessions , whereby william the first reserved to himself a tenure in chief by knight's service , or by grand serjeanty . and that knights service was to serve the king upon occasion with such a number of men at arms as was reserv'd by the charter , or grant ; and this is called a tenure per baronagium , and the number of all knights fees ( out of which baronies were made up ) amounted ( as ingulphus , who lived in the conqueror's time , says , ) to sixty thousand knights , or men of war. now these tenants in capite were the most of those that made up the great assembly , called a parliament , and they were the judges of the supreme judicature ; for , as mr. selden says , in those times , tenere de rege in capite , and to be a baron , or to have a right to sit with the rest of the barons in councils , or courts of judgment , according to the laws of those times , are synonomies , and signify the same thing . all these tenants in capite ( had the whole kingdom been put into a scale , and weighed as bocaline the italian weighed all the princes and states in europe : these tenants in capite ( i say ) made up the greatest part of the weight , i may say , the whole weight , if land only were to be weighed . for under these tenants in capite by degrees in process of time , all the freeholders derive their estates , who are therefore to be accounted as cast into the scale with the tenants in capite ; who originally had all the lands : for lease-holders , farmers , and copy-holders , are but in the nature of servants or persons imploy'd under the freeholders ; and the copyholders did truly and literally hold their lands at first ad voluntatem domini , till time gave it the reputation of a legal custom , and to a more durable interest ; and leases for above years , were not allow'd in those ancient times ; but adjudg'd and held to be void , as vying in value with inheritance ; but they have of later times been countenanced by courts of equity , and made equal in esteem with freehold estates and inheritances , being altogether under the rule and government of those courts , and having their dependance upon the decrees of those courts , and have the same privileges and favours with inheritances , under the new notion of being by their decrees made to wait upon the inheritances , and subject to trusts , which those courts take upon them to have the controulment of ; and hereby the freehold and inheritance of lands are of little regard and value , in comparison of those high powers and privileges which by the law and original institution of the nation did at first belong to them : all this tends to the great subversion of the common-law , and of the very constitution of the nation ; and to all the good rules and orders of it ; and in length of time , if not before remedied , will bring all estates in land to depend upon decrees in equity , and to be ruled by their arbitrary proceedings , and then farewel to the common-law . and these freeholders , who were but the offspring of those ancient tenants in capite , are by the common-law , the true and right owners and proprietors of the kingdom : and accordingly , as in them was the true value , stable , firm , and fixed interest of the nation ; so in them did the law place the power and government under the king , ( who was always the supreme in the administration . ) hence it is , that a trial by freeholders , is in the sense and language of the law , a trial per patriam ; for they are indeed the country , and the country is truly theirs . and it is a mighty power if we enquire into it , and much of it still remains ; though it has been exceedingly abated and humbled , by the swelling of equity , and by certain acts of parliament made in troublesome reigns ; yet there are some remains , and the marks and footsteps of those many and great benefits that are lopp'd and pared off from it . these tenants in capite , and freeholders were the persons who under our kings made up the primitive constitution of our government , both as to the legislature , and the supreme judicature , or last resort , though now those powers run in a new channel . i shall instance in some of those ancient and inherent rights and freedoms , which those freeholders , or tenants in capite did enjoy at the common-law , and in the times of the saxons , and from times as ancient as any records do reach , till , by several acts of parliament , made for the most part in unquiet times , they were depriv'd of them : which will best discover the true and original constitution of the government , and give great light to the matter we have now in hand , viz. to find out the supreme judicature . almost all the suits and causes that did arise in the nation , came under the hands and power of the freeholders , ad primam instantiam , at the first rise of them , and they judged of them both as to matters of fact , and points in law , in the country . and then the greater and weightier matters of the law met the same persons again at the last resort of all causes in the witena-gemots : for these freeholders made up the main body of those common-councils and great assemblies . sir hen. spelman , in his glossary . fol. . speaking of the magnates and proceres , explains who were meant by those high terms , that is , the good freeholders . and he shows likewise what judicial power they had , in those first times . magnates , and proceres , were they , qui in curiis praesunt comitatuum , hoc est , ipsarum curiarum iudices , quos henricus primus , ( the son of the conqueror , ) legum suarum cap. . esse libere tenentes comitatus demonstrat . regis iudices ( inquit ) sunt barones comitatus ▪ qui liberas in eis terras habent . there are the persons and judges , viz. freeholders : per quos debent causae singulorum alternâ prosecutione tractari . there you have their power and jurisdiction . among the laws of king henry the first , c. . collected by mr. lambert , de priscis , &c. fol. . the title of the law is , de generalibus placitis comitatuum quo modo vel quando fieri debeant . sicut antiqua fuerat institutione formatum generalia comitatuum placita certis locis & diffinito tempore convenire debent ; nec ullis ultra fatigationibus agitari , nisi propria regis necessitas , vel commune regni commodum saepius adjiciat . intersint autem episcopi , comites , vice-domini , vicarii , centenarii , aldermanni , praefecti , praepositi , barones , vavasores , tungrevii , & caeteri terrarum domini . these were the judges of the court. then for the extent of their jurisdiction , and the universality of the causes , it proceeds thus , viz. agantur primò verae christianitatis iura , now termed ecclesiastical causes . secundò regis placita : pleas of the crown , or criminal . postremo causae singulorum , between party and party . and in the time of the saxons , who first introduced this course and method of justice , suitors were not permitted to pass by this first application and address , before the barones , or freeholders , ( whom now we call free-suitors at the country-court ) and per saltum to begin at the courts of westminster , or to follow the king 's : lambert de priscis , &c. fol. . it is amongst the laws , quas edgarus , anno . frequenti senatu sancivit , fol. . nemo in litem regem appellato , nisi quidem domi , justitiam impetrare non poterit : sin summo jure urgeatur ( if he meet with hard measure in the country ) ad regem provocato ; that is , to the king in his highest court. then was me proper time of appealing to the king in his great council ( as it is said in that magnum placitum , in ryley's placita parliamentaria , page . between humphrey de bohun , earl of hereford , and gilbert de clare , earl of gloucester , ( and they are the very words of the judgment in that case ) dominus rex est omnibus & singulis subditis suis iustitiae debiton . but the king alone in his own person never administred justice or equity , but together with his great court , or by his delegates ( the judges ) in inferior courts , as i have fully prov'd in my treatife of the chancery . these great freeholders , or tenants de rege in capite , as they were , and still are the judges of the county-court , ( which in ancient times was the most busy court , ) so they had by the common-law , and from time as far as any record , or english history does reach , that mighty freedom of chusing all both civil and military officers or magistrates under whom they lived . they chose those that the saxons call'd heretoches , or ductores exercitus , whom , according to the dialect of the present times , we call lord-lieutenants , and deputy-lieutenants , and the rest of the commanders . these they chose at their folk-moot , or county-court . these freeholders chose the sheriffs of the several counties , which we all know by sad experience , many times , nearly concerns our lives , estates , and liberties : for these sheriffs have the posse comitatus , and the return of juries , and the execution of all publick and private justice . these freeholders had the election of the conservators of the peace , who had that power which is now in the hands of the justices of the peace , and hath been so from the beginning of the reign of king edward the third , at which time it was wrested out of the hands of the freeholders by an act of parliament procur'd by queen isabel , during the life-time of her deposed husband , and in the minority of her son king edward the third , meerly to gain the power of the kingdom into the hands of her party that she made against her husband ( the deposed king. ) and ever since the conservation of the peace hath been in the hands of the commissioners ; or justices of the peace . this we are taught by our acts of parliament , and by the learned lawyer and autiquary ( mr. lambert ) in his eirenarcha , fol. . and , . and . and by sir edw. coke in his second instit. fol. , and . these freeholders ever did , and still do to this day chuse the coroners ( who were heretofore the most sufficient knights of the county . ) and they still chuse the verderors where there are any forests . all this appears to have been the right of the freeholders long before the conquest . see lambert , in his book of the saxon laws , fol. . among the laws of king edward . erant & aliae potestates & dignitates ( for power and offices , titles and dignities in those times went hand in hand . ) per provincias & per singulos comitatus totius regni constitutae qui heretoches apud anglos vocabantur . sc. barones , nobiles , & insignes sapientes ; latinè verò dicebantur ductores exercitus . isti verò viri eligebantur per commune concilium per singulos comitatus in pleno folk-mote , sicut & vice-comites comitatuum eligi debent . ità quod in quolibet comitatu semper fuit unus heretoch ▪ electus . these are not the words of mr. lambert , or meerly his opinion and conceit , he only recites the words of the law in the saxon times . and the law does refer it to the times of the english , or britons , for they were the men who called these leaders by the name of heretoches . thus we see how large an extent this word ( barones ) did bear ; that it comprehended all tenants in capite , who at first were the only freeholders : till by subfeodations the number of freeholders encrease'd infinitely , which caused a great alteration . but the first tenants in capite had large possessions . notandum est ( says sir hen. spelman ) libere hos tenentes nec tam exiles olim fuisse , nec tam vulgares , ut hodiè deprehenduntur , nam villas & dominia in minutas hereditates nondum distrahebant . we have set forth their country jurisdiction ; now to speak a word of their supreme jurisdiction . sir henry spelman in his glossary tells us , barones olim de causis cognoscebant ad aulam regiam delatis . there was the last resort , and the court of equity . king william the first ( says mr. selden ) in the th year of his reign , brought the bishops and abbots under the tenure by barony , concilio baronum suorum , which by the proofs that i have already offered , signify the tenants in capite , and the eminent freeholders , and a parliament , ( as mr. selden takes it . ) the bishops contended earnestly against it ; for the power and jurisdiction being then in the hands of so great a number , it made it the less desirable ; so that , as sir hen. spelman tells us , the clergy look'd upon it as a diminution of their former immunity and freedom which they had assum'd and adjudg'd due to themselves . detrahere videtur nomen baronis ab ecclesiasticarum immunitate quam tunc ecclesiastici maximè splendebant . hoc . nostratibus ( says sir henry spelman ) jugum injecit , omnium primus . willielmus senior . but in the tenth year of king henry the second , thomas of becket , that proud and insolent prelate , would have cast off this yoke again , like a son of belial , and he stifly stood upon the exemption of the clergy . then ( says selden ) that great parliament at clarendon was held : and roger of hoveden says , that clerus & populus regni were then assembled , which mr. selden expounds to be a parliament . in this parliament ( says selden ) those avitae consuetudines ( which made the great quarrel between thomas of becket , and king henry the d. ) were recogniz'd . and it is very material towards the deciding of another great controversy that has of late been agitated , that custom for the prelates withdrawing from matters of blood , is recited as one of these avitae consuetudines ; for the bishops ( as i observ'd before out of mr. selden ) had places in those general conventions in all the times of the saxons . and in all those times it seems it was their custom to withdraw : for it was avita consuetudo , and we know that customs must be exactly pursued . and this custom is acknowledg'd and declar'd by act of parliament , ( the parliament at clarendon . ) though by the ancient canons of the church , ( which was the ground of that custom ) at first it was left to their own choice . among those articles this was one , quod archiepiscopi , episcopi , & universi personae qui de rege tenent in capite , habeant possessiones suas de rege , sicut baroniam , & sicut caeteri barones debent interesse iudiciis curiae regis cum baronibus quoúsque perveniatur ad diminutionem membrorum , vel ad mortem . who these ( barones ) were in those times most plainly appears by this very law , viz. they are such qui tenent de rege in capite : and what their right , and power , and jurisdiction is , ( for which purpose i chiefly cite it ) debent interesse iudiciis curiae regis : this curia regis plainly appears to be the supreme judicature , which we are enquiring after , and which some late writers conceive did in all times belong to the house of peers ; but 't is a mistake in them , by occasion of the word ( barones ) mention'd in it ; and they think it bears their signature , and peculiarly belongs to them : whereas by this law it undeniably appears to belong to that vast number of tenants in capite . and if we may believe sir henry spelman ( who is fide-dignus , ) the honour was so much the less , because it was transferrable . cum autem feodales isti barones nomen dignitatémque suam ratione fundi obtinuerint , transferre olim aliquando videatur cum ipso fundo . the terra did transire cum onere , for so the honour , being accompanied with a duty , was accounted in those days : honos was not without the onus . the only titles that we meet with in the saxon times , as we learn out of mr. lambert , sir henry spelman , mr. selden , and mr. cambden , are alderman , which in the times of the danes was translated into eorl ; and in the norman times into comes . and the title of heretoch . ( which i have just now explain'd ) and those other titles of vavasor , and thane , had all a reference to possessions in land ; and were rather officiary than honorary , and were generally due to these tenants in capite , who were the same with ( barones . ) for that of alderman , or comes , or satrapa , says cambden , in his britannia , page , and . comitis nomen ut dignitatem notaret sine administratione , in usu non fuit , in the elder times ; and so says selden in his titles of honour , page . nec dum haereditaria fuit dignitas : initio dignitas temporaria posted vitae aequalis . but in that age , titles of honour and place were no more hereditary , than virtue and true worth were , which are not ex traduce ▪ in the beginning of william the conqueror , comites caeperunt esse feodales & hereditarii . dux nomen officii , non honoris , says cambden , page , . oneris , non honoris . it was no title of honour , till king edward the third made his son edward the black-prince , duke of cornwal . and king richard the second , ( that prince's son ) made robert de vere the first marquess , that is , of dublin . and king henry the sixth made the first viscount , which still is also a name officiary . selden's titles &c. page . the king's thane was he that held of the king in chief by knight's service . he was of the same kind with them , who after the coming of the normans , were honorary , of parliamentary barons . the name of vavasor , says seld. ib. . was feodal only , and not at all honorary . in doom's-day ( says he ) it sometimes occurs as a synonomy , with liberi homines regis . these tenants de rege in capite , were the persons that had right to sit in parliament , and in the supreme judicature and councils , during the times of the first six or seven of the kings next after the coming of the selden's titles , &c. pag. . to the magnum concilium , and solenne concilium . king henry the second , omnibus qui de rege tenebant in capite mandari fecit , &c. and mr. selden ib. pag. , and . gives us precedents of causes determin'd in this high and supreme judicature . as that between thomas archbishop of york , and ulstan bishop of worcester , touching certain possessions , anno quarto of william the first . in concilio coram rege , archiepiscopo , episcopis , abbatibus , commitibus , & primatibus totius angliae ; and it hath already been shewn , who are understood by ( primates . ) and ib. pag. . there was a decree made touching the primacy of canterbury , totius regni assensu ( says eadmerus ) which ( says selden ) , expresses a full parliament , suppos'd to be in the fifth year of the said william the first , at pinneden in kent . now for the mighty number of which this great assembly did ever consist , mr. petit , in his book , wherein he asserts the right of the commons , pag. . cites a passage out of matth. paris . pag. . who says that in the year . decimo sexto iohannis regis , there met tota angliae nobilitas in unum collecta , quae sub numero non cadebat ; and yet 't is called ( nobilitas . ) and cambden , in his britannia , pag. . speaking of their number , says , ipsaque baronum multitudo persuadet tales fuisse dominos qui jus in suâ ditione dicere possent . all lords of mannors that had their courts baron , which from thence had also their name of courts baron . sir hen. spelman in his glossary says of these barons , that they were ingens multitudo , quae plus minus , were thirty thousand , nullo tecto convocari poterat . therefore they met in great camps and fields . and sir hen. spelman says , he can hardly believe ( quod nonnulli perhibent ) quod omnes barones locum aliquando in summis illis comitiis obtinuisse , because of their vast number . by all this that hath been said , and so fully proved , i suppose it clearly appears , that those that made up the assembly for the legislature , and supreme judicature , came thither by a feodal right ( unless the burgesses only , and some ecclesiastical persons , and some great officers . ) here is not in all these precedents , records , or testimonies of approved authors and antiquaries , the least mention of any distinction among them , like that of lords and commons , or upper and lower house ; or that they were divided in their place of sitting or meeting ; for as is before observ'd , their number was so vast , that nullo tecto convocari poterant . no one house could hold them . in the case of godsol , and sir christop . heydon , . iac. in serjeant rolls . rep. fol. . it was affirmed by sir edward coke , that in ancient times all the parliament sate together ; and that he had seen a record of it in the thirtieth year of henry the first . but william pryn ( according to his accustomed humour ) contradicts sir edward coke in this , in his preface to sir cotton's abridgment of the records of the tower. it may be concluded , that they all had a right to come to the great convention ; for had they all been called by special writs , ( as the lords now are , ) the king would never have call'd so great a number , which do but hinder business . there is not the least mention of special writs , and it would have been an infinite work to issue out so many writs , printing not being then invented . therefore no doubt but they came thither by a general summons . there is not the least intimation of any distinction in their power , but every one had a like share in the power , both in the legislature and judicature . none came amongst them by a meer title of honour and dignity , but in right of their possesions and tenures . this was not indeed the representative of the nation ; but , ( as i said before ) the principals , and in effect , the whole body of the nation , which is much greater . but at last this great body fell with its own weight ; for , says sir hen. spelman , cùm sua tandem laborarent multitudine conventúsque sic magis premerent quàm regni negotia expedirent , ( they did rather hinder than help ) consultius visum est , ut neglectis minoribus , praecipui tantùm , per breve regis evocarentur . it was with this constitution of the great assembly of the freeholders of the nation , as it happen'd with the city of rome , when it had attain'd to its acma and full growth , mole ruebat suâ . and learned cambden tells us in what time a division of this great body was effected . henricus tertius ( says he , ) ( in his britannia , pag. . ) ex tantâ multitudine ( speaking of the parliament in those times ) quae seditiosa & turbulenta fuit , optimos quosque rescripto ad comitia parliamentaria evocaverit . here we have plainly the original of the house of peers , and of particular and special rescripts or writs of summons to the optimacy , distinctly , and by themselves . cambden quotes his author for this , but names him not . ex satis antiquo scriptore loquor , ( says he . ) it was referr'd to the king to single out , and select some to whom he thought fit to direct his special writs or summons , and these and no other were to come to parliament . if this may be credited , then we have the epoche , and the date of our present constitution , and the original of the division of that very ancient , great , and numerous assembly ; and it made a mighty metamorphosis and change. the freeholders parted with that great power and interest which they had both in legislature and judicature , from the very foundation of the government , and the nation it self : even from the time of the ab-origines , ( if there were ever any such , ) and they have been upon the losing-hand ever since , as appears by what i have already observ'd in closing their rights of elections . and thus they brake in two , and became two houses both at one time , and were twins in their birth . here was no primogeniture , yet the one went away with a double portion upon the parting . and this ( taking in the history ) is a confutation of that opinion , that the house of commons ( as being by election ) was in time long after the date of the house of peers ; surely they started both together . great selden agrees in the substance with mr. cambden , but differs from him only in the time , and some other circumstances , when this revolution happen'd . and for mr. cambden's satis antiquus author , mr. selden professes he diligently sought for this author , but could never meet with him ; nor does mr. selden give any credit to that author . he supposes the distinction of majores , and minores barones , ( which doubtless did arise upon this revolution ) pag. . began not long before the great charter of king iohn ( father to king henry the third ) and that charter was made in the seventeenth and last year of king iohn . this division of barones ( which all writers agree in , and which appears by king iohn's great charter ) evidently shows , that the two houses began at the same time ; for majores cannot be without the minores . but mr. selden supposes this was done by act of parliament , though that act be not now extant : nor is there any express memorial of it . and he supposes it was not submitted to the king to chuse out whom he thought fit ; but that the act of parliament did mention them by name at first , to whom particular writs were to be directed . some part of the very words of that charter of king iohn's we have in mr. selden's titles of honour , pag. . and in sir hen. spelman in his glossary , pag. . faciemus ( says that great charter ) summoneri archiepiscopos , episcopos , abbates , comites , & majores ▪ barones regni , sigillatim , per literas nostras : et praetereà faciemus submoneri in generali per vice-comites omnes alios qui in capite tenent de nobis ; which is a clear proof , that till about this time , there was no distinction : and that which did constitute a parliamentary baron , was his tenure de rege in capite ; so that all who held in capite , had an inherent right to sit there . and that before this time , all came by a general summons directed to the sheriff . what hath been hitherto said serves to prove , that before this time of king iohn , or king henry the d ( his son ) there was only one great assembly of the nation ; that is , of the most eminent , and all the considerable and interested persons of the nation , who came not by election , save those that were chosen from the few and ancient burroughs : nor was there then any representative , as now . and that those great assemblies were in those times the true baronage of england , and that the word ( baronage ) did not belong only to such as the king by special writ is pleas'd to call or summon ; or by patent to confer the title upon ; but as our most judicious writers tell us , the word ( baronagium ) did extend to all degrees and orders ; for they came to all great assemblies by tenure , till the aforesaid time of division . and there are the footsteps of this ancient right still amongst us , in that the freeholders ( whom we call free-suitors ) are still the judges of that court , which anciently was the great and buisy court ( the county court. ) and those elections that are still remaining of trustees or representatives in parliament , and of divers legal officers , which must be by freeholders only , and the persons to be chosen , ought to be out of the freeholders themselves . and so much of the ancient constitution of a baron still remains , as that in his creation he must be entitled of some place , that it may favour of the realty , and make the honour and title inheritable . and the baron still continues his freedom from arrests , as having by presumption of law , an estate in land , which will make him liable to justice : and therefore a distringas shall issue out against him instead of a capias . and the law will allow of no averment against a peer , that he hath no lands whereby to distrain or to levy issues upon . no doubt but the lords had from the time of this great division ever since , a very large , though not an universal jurisdiction ; nor have they had it from the very first constitution of the government , as is by some pretended . when this great assembly , this great and numerous body , was divided into parts , no doubt but the several parts did ( as the four great captains after the death of alexander the great did ) assume and take to themselves by agreement , several shares of the power that was then dissolv'd . the lords took a large share , and the commons , ( for so now they began to be distinguish'd ) took the rest ; and we may reasonably suppose it was confirm'd by some law that then pass'd , and hath been since lost . and the like presumption we know is made by our courts of law in many like cases : and it is well known that the parliament - rolls of that time are all lost . and the best rule whereby to judge what was allotted to each , will be by ancient , constant , quiet , and uninterrupted usage and practice . usus & consuetudo est lex parliamenti . the house of lords did exercise a jurisdiction in cases of appeals for criminal causes , till by the act of mo . of henry the th c. . they were restrain'd . that act doth ordain , that from thenceforth no appeals shall be pursued in parliament , the exposition of which statute must be made by observing the mischiefs that occasion'd the making of that law , and the constant practice after it . the preamble recites , that many mischiefs did often arise by appeals : and the history of the times of king richard the d. ( the next preceding king ) tells us what those mischiefs were : when in that disorderly troublesome reign , the lords were so divided into feuds and factions , that the lords ( who were to be the judges ) became parties , and were appellants one against another . this was the mischief . then for the practice after the making of that act , that law was never intended according to the generality of the words , to exclude all appeals whatsoever , but such only as were at the suit of private persons . for the constant practice hath been , ever since , as well as before , to admit of appeals in parliament , when they come to the lords by impeachment from the commons . the lords had , and still retain , the jurisdiction over their own members , for trial of peers in cases capital . the lords had , and still have the jurisdiction in writs of error , to examine judgments given in the king's-bench ; but this was under certain rules , and with some restraint ; for constant and quiet usage and practice do warrant all these . let us enquire into the placita parliamentaria , i mean those that are publish'd by mr. ryley , of the times of king edward the first , king edward the second , &c. and observe what light they give us . the true title of those pleas are placita coram ipso domino rege & ejus . concilio , ad parliamenta sua . in which titles , regis concilium , & parliamentum , seem to be distinguish'd , and to signify two several things ( as in truth they did . ) when and how came these pleas to be discontinued ever since the time of edward the th ? when did the law pass that restrain'd them ? we have not one such plea to any effect , between the time of king edward the fourth , and the time of king iames the first , nor from thence to this day , near years . what is come in the place of them ? the placita parliamentaria were in a strict and regular form of pleadings . the petition of declaration , the plea , the replication , the rejoinder , and the continuances entred upon record in latin , and the process was by latin writs ; and all the proceedings entred upon record in latin , as proceedings at the common-law ought to be . how came this to be altered ? all of later times ( at least before the lords ) are in english , and the process are english orders only . had these placita been before the lords , how happens it that there are so few ( if any ) reports among them of pleadings upon writs of error , which the lords claim as out of all dispute to be within their jurisdiction ? hardly any of these are to be found amongst them ; and these had been worthy reporting , being in matters difficult , weighty , and full of learning . what was this regis concilium ( so constantly mention'd ) in these pleas , as those before whom they were held ? ☞ amongst these records and pleas , we find all the peers themselves in a body several times petitioning to the king and this council , and receiving orders and rules from that council . it is absurd to think , that all the lords in a body would petition to themselves ; as at the parliament held th of edward the ryley's placita parliamentaria , pag. . ex parte praelatorum , comitum , baronum , & aliorum , porrecta est petitio in hoc parliamento , in haec verba . a nostre senior le roy & a son counceil monstrent les erce-evesque praelats , counts , & barons , & les auters grantz seigniors dela terre . concerning payment of escuage . and the answer to this petition is , per concilium regis , the like ib. pag. . we have another example of it in the appendix to that book , viz. of the time of edward the second , pag. . wherein the lords in a body pray liberty to approve or improve their mannors , without the king's license . and the answer to it is , that it could not be done without a new law , to which the commons would not consent . it is evident in those records and pleas , that others are mention'd to be of that council , then the peers , as pag. , and . there is an inhibition by the treasurer , and the concilium regis , not to deliver a prisoner ; and page . th edward . the king appointed who should receive petitions at the parliament , and who should answer them : and those that were appointed to answer them are called triers of petitions : these seem to be the persons that made the great council , or the king's council , ( as they are called in those records . ) these in parliaments of late have been wholly discontinued . we find this council , while they were in being , sate in places , where we cannot reasonably suppose that the house of lords ever sate ; as pag. . in mr. ryley's placita parliamentaria , coràm rege & concilio apud lond. in domo ottonis de grandissono , extra palatium ipsius domini regis apud westmonasterium . and pag. . at bergavenny ; and pag. . at stilbeneth . extra london , which i suppose is meant of stepney . and the judges are mentioned as members of this council , pag. . not meer assistants . now we come to writs of error ; wherein it is generally admitted , that the lords have a jurisdiction , and from thence ( as i suppose ) it is inferr'd by a parity of reason , that they likewise have a jurisdiction in appeals from courts of equity . an appeal from a decree in equity being something of the same nature with a writ of error at the common-law . it is true our law-books are full of this title , and speak of error sued in parliament . but under favour it is not of an universal jurisdiction in all cases of erroneous judgments , but with divers restrictions , and under certain rules in our law-books . it hath been often resolv'd , that the lords cannot proceed upon any writ of error , till first the king hath sign'd a petition for the allowance of a writ of error to be sued out . as in the year-book of edward the d. fol. . it is there held , that a writ of error in parliament lies not , till the king be petition'd for it , and till the king have sign'd the petition . which signing is indeed the commission which gives the authority . and in the case of edward hadelow , where judgment was given for the king : upon the king's signing a petition for a writ of error , and the writ sued out , the roll in which the judgment was entred , was brought by sir william thorp , chief-justice of the king's-bench , into the parliament : upon which the king assign'd certain earls and barons , and with them the iustices , to hear and determine the business : and before it was determin'd , the parliament was ended ; yet the commissioners sate still , but the king was gone . and it was urged before the delegates ( for so they are called ) that the judgment could not be revers'd , except in parliament ; and there it is said , that the king hath no peer in his land , and that they cannot judge the king. how came that in to debate ? why it was in the case of an outlawry , which is always for the king's benefit ; and where the king is concern'd , the lords have no jurisdiction without the king's allowance ; and the king doth not think fit to refer it to the whole house of lords ; yet the king will have justice done , and he will be inform'd if the outlawry were duly sued out . but the king himself assigns the persons that shall judge of it ; and yet it is said , that this is suing error in parliament ; for when the parliament is risen , it is held that the delegates appointed by the king could not proceed : so that pleas may be held in parliament by the king and his council , such as he shall specially appoint for that purpose at every parliament . and yet they may be stiled placita parliamentaria , being transacted only in time of parliament , but not by the parliament . this case of edward hadelow teaches the true nature and course of a writ of error in parliament , and the right method of proceeding upon it , and the king's prerogative in it : and how that case wherein the king is any way concern'd in interest , ( as he is in cases of outlawry ) shall be examin'd by none but such as are specially assign'd by the king. see the case in the year-book of mo hen. the th . fol. . flourdew's case . by advice of all the judges in the exchequer-chamber , which is a case reported in latin ; oportet partem habere billam de rege indorsatam : et super hoc cancellarius faciet breve de errore , et tunc capitalis iusticiarius de banco regis ; ( so that it is only from the court of king's-bench , but no other court ) secum adducet in parliamento breve de errore , et praedictam billam sic indorsatam . and the clerk of the parliament is to have the keeping of the bill endors'd ; this proves that it is their commission by which they proceed , and it must remain with the clerk of the parliament , not with the chancellor . the lord dyer's reports , . eliz. fol. . tit . error . plac. . there is a supplication sign'd by the queen , for a writ of error . we have another precedent in sir more 's reports . fol. . in the case of heydon and sheppard . pasc . . iac. mi the like in leornard's reports the d. part . fol. . in the case of the queen and hurlston . now concerning proceedings in equity in general , the english court of chancery , ( the court of equity there ) it hath not been of any great antiquity , and upon what legal foundation it stands , is not easily to be affirm'd : as i have made appear in a larger treatise , of the original of the iurisdiction of the chancery in matters of equity ; to which i refer my reader . our ancient authors , as the mirror of iustices , glanvil , bracton , briton , and fleta , although they treat of the chancery , as it proceeds according to the rules of the common-law , viz. in repealing of patents , and in cases priviledg'd , yet none of them do once mention the court of equity there ; and yet their undertakings were to treat of all the several courts then in being , which proves the court of equity in chancery was not then in being . it hath been adjudg'd , . and . eliz. in the king's-bench in perrot's , and in marmaduke langdales case . cok. . rep. fol. . that a court of equity cannot be erected by patent , but only by act of parliament , or by prescription . and the chancery hath no prescription for a court of equity , as appears by those ancient authors . if the chancery it self have no right of prescription , then there is no foundation for any prescription in cases of appeals ▪ nor is there any act of parliament that gives it . the first decree ( as i take it ) in chancery , is but of the time of king richard the second ; and that was revers'd , for that it was in a matter properly determinable at the common-law . the best proofs of the power and jurisdiction of a court are the records and precedents of a court : and if it be by prescription , it must appear by ancient and frequent precedents . plowd comment . in the case of the mines . fol. . b. and if any court usurp a jurisdiction in a case where it appears in their very proceedings themselves , that it hath no lawful jurisdiction ; what they do in such case is coràm non iudice , and is utterly void . now concerning the exercise of a jurisdiction by way of appeal from a court of equity for error in their decrees , i shall make mention of the very records , and acts of the house of lords . i have search'd into the journal of the lords , and i find a record or entry there of the parliament held iac. . anno . and we need search no higher , for that gives a full account of all the times then pass'd , as to the point in hand , viz. of the supreme judicature and jurisdiction . iac. . fol. . of the lord's journal , i find by an entry of the th of november in that year , that a comittee had been named by the lords to take into consideration the customs and privileges of the lord's house , and the privileges of the peers , or lords of parliament . and that a sub-committee had been named , who had express power to reward such person as by their warrant should search among the records for privileges and customs ; and that mr. selden had been appointed for that purpose , and had taken much pains in it . i observe by the way , that the house of lords were not then of the same judgment with the noble author i have before mentioned , who asserts the right of judicature of the house of peers to be by the very first constitution of the government , universal , and in all causes whatsoever , unless restrain'd by some act of parliament . had that been true , there had been no need to search for precedents to warrant their proceedings in any case . it had been sufficient to justify the proceedings , if no act of parliament could be found to restrain them in any such case ; the labour of which would have been properly on his part that would presume to dispute their jurisdiction . no , the lords took the right course to examine it ; if there were no precedents , the lords concluded that then they had no right to a jurisdiction ; and no persons , nor court , can assume to themselves at their own will , any authority or jurisdiction ; quis me constituit iudicem ? said our blessed saviour , there must be a constitution of it . and it was properly enough ask'd by the scribes and pharisees of our saviour , who gave thee this authority ? i would observe too , that the sub-committee of the lords employ'd for that purpose , ( of searching for precedents ) a person , who was in his element , ( the famous selden ) ; no record could escape his discovery further in the th folio of that journal of the th year of king iames , on the th of december , the then archbishop of canterbury ( for he , it seems , took special care of it ) mentions in his report to the lords the proceedings of that committee , viz. a collection made of customs and orders of the lord's house , and of their privileges made out of records : and he presented that collection to the house , and desir'd it might be preserv'd as a memorial whereunto men may resort as occasion should require , and make use of it . it was thereupon ordered by the house , to be delivered to the clerk to be kept for that purpose . so that this was intended by the whole house of lords to be a standard , whereby to measure and judge of their jurisdiction and privileges for the future . i find the title of that committee , fol. . to be , a committee for searching for precedents for judicature , accusations and iudgments , anciently used in this high-court of parliament . this shows , it must be an ancient usage or nothing . therefore late and modern usage and precedents , are , in the judgment of the lords , of no great weight , to entitle them to a jurisdiction . moreover , fol. . of that journal , there is an order made , . mar. . for collection of money among the peers to pay the charge for searching for records in the tower , and elsewhere , and to have copies of them certifi'd under the officer's hands . every earl and viscount was to pay forty shillings , and every bishop and baron twenty shillings . i have perus'd that book , entitled , a collection of privileges or special rights , belonging to the baronage of england . what is meant by that title , appears by the table to the book , which consists of these heads following , viz. st iudgments of offences capital . fol. . b. st iudgments of offences not capital . fol. . st iudgments upon writs of error in parliament . fol. . another head , is , the lords appointing judges out of themselves , for examination of judgments in other courts , fol. . i thought this last head , or title , might afford something to our purpose , relating to appeals . under this head there is nothing mention'd but concerning erroneous judgments given in the court of king's-bench at westminster , or upon the statute of elizabeth , cap. . of judgments given in the exchequer-chamber , by the judges of the common-pleas , and the barons of the exchequer , upon error to examine judgments given in the king's-bench ; from whence error lies also before the lords , by the express words of that statute ; which no doubt is therefore a very legal power and jurisdiction in the lords , being exercis'd in the method directed by law , as before is observ'd . the book of this collection expresly takes notice , that no writ of error lies in parliament upon a judgment given in the court of common-pleas , till that judgment have been revers'd , or affirm'd in the king's-bench . as it was answer'd in parliament , in the case of the bishop of norwich . rot. parl. . e. . articl . . the like resolution did the lords give after hearing all the judges , and long consultation , and a referring the consideration of that matter to a numerous committee of the lords , in a case of the late earl of macclesfeld ; wherein that earl was plaintiff in the exchequer , in an action of slander , and judgment there in that court given against him ; whereupon the said earl ( since this last revolution ) sued error before the lords , passing by the method directed by the stat. of . e. . cap. . for suing error upon judgments given in the exchequer ; and the lords were upon the very point of reversing that judgment in the exchequer ; but being by one of the said judges then also sitting on the upper wooll-sack , put in mind of that stat. of e. . they did forbear to proceed to do any more upon it , referring it to the order limited by that statute . this proves , that the lords are tied to a method too , in cases where they have a rightful jurisdiction : they must not take it ad primam instantiam , nor per saltum . in that collection i have mentioned , under that lemma of examination of iudgments in other courts ( which is comprehensive enough ) i find notice taken of hadelow's case . . e. . fol. . and flourdew's case , h. . fol. . which i cited before at large . and these concern only cases of erroneous judgments in the king's-bench . under the title of offences not capital , there is mention of no case but upon accusations for criminal causes . it begins with latimer's accusation of iohn at lee for offences against the state. it mentions the case of richard lyons , for procuring of patents for private advantage , and of the new impositions without parliament . it instances in the case of william lord latimer accus'd by the commons , and the case of alice peirse . and the case in richard the d num . . of michael de-la-pool , chancellor of england , accus'd by iohn cavendish of london , fishmonger , for bribery . and the earl of northumberland's case , h. . num . . and thorpe's case ; but they are all in criminal causes . while this committee was in being , i meet with an appeal made to the lords from a decree made in chancery : and ( as i take it , ) 't is a decree made by the lord bacon ( though he is not named by his name ) it is fol. . in the journal of the parliament , . iac. . the third of december in that parliament , sir iohn bourchier by petition appeals to the lords from a decree in chancery , wherein he himself was plaintiff against iohn mompessom and others , and there were cross suits , and they were about accounts between them . and sir iohn bourchier had a sum of money decreed to him , but not for so much as he thought was due ; and therefore he appealed , and complain'd in his petition to the lords , of an hasty hearing of his cause in chancery , and that his witnesses were not heard , and uses the very formal word of appeal in his petition . fol. . . december , it was referr'd to the lords committees for privileges , to consider whether it were a formal appeal , or not . i must confess , it doth not clearly appear to me , what the true meaning , or ground of that order is ; for ( as i now said ) the petition does expresly use the word ( appeal . ) the th of december fol. . the lord archbishop of canterbury reported , that divers lords sub-committees appointed to search for precedents , ☞ cannot find that the word ( appeal ) is usual in any petition for any matter brought before them . this deserves to be noted . so that it seems the lords committees understood the meaning of their order to be , to search for precedents ( if there had been any ) where the lords had used in former times to admit of , and to receive appeals before them , against decrees made in chancery , or in any court of equity . the archbishop further reports , that they could not find so much as the word ( appeal ) used in any petition ; and that it must have been by way of petition , if any way . this shows the novelty of it ; for he likewise reports , that all matters complain'd of before the lords must be by 〈◊〉 petition , and in no other form. and that the ancient accustom'd form of the petitions must be ( to the king and his great council ; ) this is very observable . note here , that the direction and entitling of petitions to the lords spiritual and temporal in parliament assembled , omitting and leaving out the king in the direction ( as it is now used , and hath been ever since king charles the first went away from the two houses in . ) is not according to ancient form and custom . and that the ancient accustom'd form was not to the lords , by the title of the lords spiritual and temporal assembled in parliament , as now used , but to the great council . whom that great council did consist of , and by whom nominated and constituted , i have made some conjecture , by what i have before in this treatise discours'd of , concerning that magnum concilium in parliamento ; and concerning the ancient and constant usage till of late years , and until the separation between the said king charles , and the parliament , of the king 's appointing triers of petitions in every parliament . let the reader take occasion here to look back upon what i have herein already discours'd upon this subject , which may give light to this matter . in the last place , the archbishop reports , that they could find but only one precedent of this nature ; which was a complaint by petition against michael de-la-poole ( lord chancellor ) for matters of corruption . which precedent i have mention'd before ; for michael de-la-poole , lord chancellor , was accus'd in the seventh year of king richard the second , by iohn cavendish of london fishmonger , for bribery . i presume too , according to the usual form of petitions , ( as the archbishop reports them to be ) that this petition was directed to the king and his great council , and not to the lords , &c. assembled in parliament . but i conceive this only precedent ( as the archbishop calls it ) is no precedent of the same nature , ( as hath been so frequently used of late , and still is ) for an appeal against a decree meerly for error in judgment . for to err in judgment in making a decree , and for the judge that makes the decree , to receive a bribe in the case , are two different things ; for to err in judgment ( as humanum est errare ) is of a meer civil nature ; but to be corrupt , and take a bribe , though the decree be just , is of a criminal nature ; and therefore not to the purpose of what we are discoursing . and there are about years distance in time , between this only precedent , and the time of this search made by the committee of lords , viz. . iac. . ( a large casma in a usage and custom for the exercise of a jurisdiction . and the matter in hand must still be determin'd by precedent and custom . consuetudo parliamenti est lex parliamenti , is the old rule . this complaint by sir iohn bourchier was in a matter , not of error in judgment , for then that error must in particular have been assign'd , and the judge not have been reflected upon ; but the complaint is of a male-administration in the judge ( an hasty hearing , and witnesses not heard . ) and therefore the lords in that case censure the petitioner for casting a scandal upon the judge . for the lords examin'd the matter , and found the suggestion of the petition to be false . the cause had had a deliberate hearing , and the petitioner's witnesses had been heard ; yet the petitioner for the scandal had but an easy pennance , and that was remitted wholly , viz. to acknowledge this offence . but note this was a proceeding against him upon his own petition : he himself entitled the lords in this case to a jurisdiction . it doth not appear that any adverse party was summon'd to defend it , the lord-keeper himself defended it upon the point of scandal . there is yet another most memorable case in the very journal of the lords too , and that is four years after . viz. . iac. . which is as followeth ; and it comes strongly home to the point in hand , viz. of appeals . . may . iac. . william matthews petitioned against george matthews , by way of appeal , in the house of lords , and question'd a decree made by the lord-keeper in chancery on the defendant's behalf , from which decree william matthews appeal'd . it is to be found in the journal of the lords . . may . iac. . the lords committees , who were appointed by the whole house to examine the cause , heard council on both sides several days , and reported to the house their opinion for the petitioner and appellant . thereupon the respondent , george matthews , petitioned the lord's house against that report , and opinion of the committee ; and in his petition alledges , that he was inform'd by his council , that it had been the course of the house to reverse decrees only by bill legally exhibited ; that is , by a bill to pass into an act by parliament ; ( for what can a bill in that case otherwise signify ? ) this shows , that the whole parliament are the proper judges of it . the lord's house hereupon being tender and cautious how they entertain'd a new jurisdiction , name another committee of lords , to set down an order in that cause . that committee report their order , viz. that the cause be review'd in chancery by the lord-keeper , by such lords as the lords house should name , and by any two of the judges , as the lord-keeper should name , for which end the lord-keeper is to be an humble suitor to the king from the house ; to grant a commission to himself ( the lord-keeper ) and the lords to be named by the house . the lords house approv'd of the order , and named seven lords . the king granted the commission accordingly , and the decree in chancery was revers'd upon it . the orders are to be seen in the register's office of the chancery . mich. and hill. . iac. . this is a dischargi●g all that the lords had before done in it ; though they had in effect arriv'd at the very port , and made a conclusive order and decree . but after all , refer it to the right and usual method in the main of it , viz. to be determin'd by a commission from the king to the lord-keeper himself , to salve his honour in it , ( quod in consultò fecimus , consultò revocemus ) and to some judges ( who are the most proper ) and to the lords , who for that purpose were recommended by the house of lords , ( which is in compliance with their desire , but not stricti iuris . ) but the king's commission is the true , regular , and warrantable ground and foundation of all the further proceedings in that case . and all this by the direction , and with the opinion and judgment of the lords themselves , in a case wherein they had begun , and made a large progress in the exercise of a jurisdiction , and then wholly desisted . nor is the subject without a proper and ordinary remedy ( if our law-books may be credited ) where he is grieved by an erroneous decree in a court of equity . see serjeant rolles's reports the st part , fol. . the case of vaudrey against pannel . sir edward coke cites a case there , mich. . elliz. in the chancery between the countess of southampton , and the lord of worcester , resolv'd by all the judges , that when a decree is made in chancery , the queen , upon a petition may referr it to the judges , ( but not to any other ; ) and so ( says that case ) the practice and proceedings have been ; which make a law in cases of equity , and the lord chancellor agreed to it , ( the lord egerton ) and accordingly upon petition to the queen , and a reference by the queen to the judges , that decree was revers'd . the like we may read in andersons's second reports , fol. . the earl of worcester , and sir finche's case , the same with that of the countess of southampton , and bulstrode's third part , fol. . see serjeant rolles's abridgment , the first part , fol. . ruswell , and every's case . iac. . and arden and darcy's case , iac. . h. . fol. . but as to the remedy against an erroneous decree in chancery , i have already given my advice at large in that former treatise of mine before-mention'd , to which i refer my reader . it is high time that it should be settled in some constant course . the noble author , suppos'd ( as i said before ) to be the late lord hollis , in his book beforemention'd , hath asserted a very large jurisdiction to belong to the house of peers , which in the consequence , if it be observ'd and put in practice , will be of mighty concernment to the subjects : nor hath it been answer'd , or taken notice of by any , as far as i have heard . that author ascribes to the lords a power to try , and determine a matter of fact in issue , although the right of a freehold depend upon it ; and this , by proofs without a jury , pag. . and this he grounds upon the precedent of the case of william paynel , the record whereof is in ryley's placita parliamentaria , fol. . what then becomes of that great privilege of the people of england , of being tried by the country , and by their neighbours ; ? and inferior courts of equity will be very apt to tread in their steps , and do the like ; and it deserves to be enquir'd into , if it be not already frequently so done . the lords will not be likely to reform it upon appeal from these courts of equity , if that should be assign'd for error , if they themselves should practice it , as this author says they may . nor does that precedent of william paynell any way countenance that practice ; for there the ( concilium regis ) gave judgment upon matter of fact confess'd , where there needed no trial at all . the same noble author affirms , that the lords may entertain or dismiss causes as their occasions will give them leave , or as they have leisure from the greater affairs of the kingdom ; so that sometimes they cannot be at leisure to do justice : if this opinion be allow'd , cessa regnare , says the petitioner to king philip of macedon , when that king refus'd to answer her petition for want of leisure . the lords can ( says the same author ) grant a temporary dismission to a defendant , by an entry made of eat inde sine die ad praesens : but may summon him again for the same cause at another time when they think fit : if this be true , a man shall never know when his cause is at an end ; nay , the chancery will give further costs after the parties and cause are out of the court , and long after the whole matter is at end , without any new process . the persons of whom this high judicature doth consist had need be men of great learning in the law , and of long experience : for the matters that should come before them are such , as are too difficult for the inferior courts to determine , and are very abstruse ; and yet those inferior courts are generally furnish'd with such as are of great abilities , and long experience , and usually spend thirty or forty years in hard study , to make them fit for the discharge of their offices . be learned ye that are iudges of the earth , says almighty god , that judge of judges . hence governors are wont to be called senators , and in the time of the saxons they were called eoldermen or eldermen , for their age , gravity , and experience . it would indeed be a miracle in nature , if any one could truly affirm of himself , me jam jam à puero , illicò nasci senem , or nasci iudicem , to be able to judge in those abstruse and difficult causes . st. paul being accus'd before faelix , did ( and that without insinuating flattery ) tell his judge , that he did the more cheerfully answer for himself , because faelix had been ( as st. paul acknowledg'd ) of many years a judge unto that nation : and he said the like when he stood before king agrippa , because he knew him expert . and it is a just and commendable course , always practis'd in all our inferior courts . that after a cause hath been pleaded , that both parties , and council , and witnesses , and all others that will , are permitted to be present , and to hear the repeating , and opening , and true stating the case by the bench , and court , and to hear the debate of it , to observe , and be in a readiness to rectify any misapprehension , or mistake ( if any happen ▪ ) and so to set the court right again . as also , that the grounds and reasons of the opinions of the judges may be known , that the people may the better know thereafter how to square their actions : and that the law may be the better known to those that are subject to it . for there ought to be one certain known rule of law , whereby one and the same case is to be determined , and not two or more contradictory laws in one and the same place . it was a woful condition , when at the same time some were burnt in smithfield for being protestants , and others for being papists ; which made one cry out , bone deus , quomodo hic vivunt ! &c. inferior courts , and the superior must judge by the same law and rule ; for misera est servitus , ubi jus est vagum . and it is impossible to serve two contrary masters ; and it is a sad case , where the trumpet of the law gives an uncertain sound , for then a man knows not how to order his affairs . there may indeed be a different method , and course of proceedings in the several courts , and yet all conform to the same law. and it is sometimes said by our judges , that what is law in the exchequer is law also in the king's-bench , and common-pleas . if it were otherwise , great confusion would arise . and this law is not known by inspiration , it is not infus'd all at once , but acquir'd by long study , and long experience . sir francis bacon , in his advancement of learning , pag. . holds it just , that judges should alledge the reasons of their sentence , and that openly in the audience of all the court. and anciently amongst us in england , the courts used to enter the reasons given by the judges , upon the record of the judgment ; which is now suppli'd in some measure , by reports of cases adjudg'd , and of the arguments at bar , and at bench. but we have few or no reports of cases adjudg'd in the supreme court , since those that are printed by mr. ryley . in that ancient cause of adelwold , bishop of winchester in the saxon times under king eldred , the record mentions , that the bishop himself , coram cunctis suam causam patefecit . he pleaded his cause himself . qua rebenè , & ritè , ac apertè , ab omnibus discussa , ( it was openly debated ) omnes reddiderunt iudicium . this was at the miccel-gemot , there was no withdrawing . and eadmerus gives us the like instance in the cause of lanfrank archbishop of canterbury in the time of king william the first ; 't is in his historiae novorum , pag. . adunatis ( says he ) primoribus & probis viris de comitatibus : quaerelae lanfranci in medium ducerentur , examinarentur & determinarentur . in medium , that is , before , or in the midst of all that vast company . to conclude , and in order to the obtaining a safe and speedy remedy , let our law makers be mindful of that old advice and caution , viz. — serò medecina paratur cum mala per long as invaluêre moras . finis . notes, typically marginal, from the original text notes for div a -e hadelow's case . note . note . an. dom. . note . by the king a proclamation concerning the times of holding this summer assizes. england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king a proclamation concerning the times of holding this summer assizes. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill and christopher barker printers to the kings most excellent majesty, london : dated: given at our court at whitehal the three and twentieth day of july, in the twelfth year of our reign . thomason copy cropped at foot with loss of text. reproduction of the original in the british library. eng courts -- great britain -- early works to . great britain -- history -- charles ii, - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation concerning the times of holding this summer assizes. england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king a proclamation concerning the times of holding this summer assizes . charles r. whereas the iustices assigned for the several circuits of our realm of england , have prefixed and published the daies and places for holding the summer assises within their respective circuits , and since the publishing thereof , the commons in this present parliament assembled have made an humble address to vs , and represented weighty and important reasons which induced vs , with the advice of our privie council , to give order for deferring the dayes of holding the said assises for some time ; and in observance thereof , our said iustices have agreed upon , and given in notes of other and further dayes for holding the said assises ; we therefore of our princely care , that our loving subjects may have timely notice , and to prevent , as much as in us lyes , all inconveniencies that may happen to them by the alterations , and that the due administration of iustice may ( as we earnestly desire ) proceed effectually , and be equally distributed , have thought good , with the advice of our privy council , to publish and declare , and doe hereby publish and declare , the several prefixions given in by our said iustices for holding the assises in their several circuits , as they are herein after expressed and set down in the foot of this our proclamation , to the end that our said subjects , whom the same shall concern , having knowledge thereof , may conform themselves accordingly . given at our court at whitehal the three and twentieth day of july , in the twelfth year of our reign . surrey ss. monday the third of september at kingston upon thames . sussex friday the seventh of september , at east-greenste●d . kent tuesday the eleventh of september , at maidstone . essex monday the seventeenth of september at chelmsford . hertford friday the one and twentieth of september at hertford . bucks thursday the thirtieth of august at aylesbury . bedford monday the third of september , at the town of bedford . huntingdon wednesday the fifth of sept. at the town of huntingdon . cambridge thursday the sixth of sept. at the castle of cambridge . suffolk monday the tenth of septemb. at bury st. edmonds . norfolk saturday the fifteenth of sept. at the castle of norwich . city of norwich the s●me day at the new-hall of the city of norwich . berks tuesday the fourth of september at reading . oxon friday the seventh of september at oxford . gloucester wednesday the twelfth of september at gloucester . city of gloucester the same day at the city of gloucester . monmouth monday , the seventeenth of september at monmouth . hereford thursday the twentieth of september at hereford . vvorcester tuesday the five and twentieth of sept. at worcester . city of worcester the same day at the city of worcester . sal●p friday the eight and twentieth of september at bridgnorth . stafford wednesday the third of october at stafford . lancaster thursday the thirtieth of august at lanc●ster . westmorland thursday the sixth of september at appleby . cumberland monday the tenth of september at carlisle . northumberland friday the fourteenth of september at the castle of newc●stle upon tyne . newcastle upon tyne the same day at the guild-hall of the same town . durham tuesday the eighteenth of september at durh●m . york monday the twenty fourth of september at the castle of york . york city the same day at the guild-hall of the same city . southampton monday the third of september at the caistle of winchester vvilts wednesday the fifth of september at new-salisbury . dorset monday the tenth of september at dorchester . city of exeter thursday the thirteenth of september at the guild-hall of the city of exeter . devon the same day at the castle of exeter . cornwal wednesday the fifteenth of september at launceston . somerset tuesday the twenty fifth of september at the city of bath . city of bristol saturday the twenty ninth of september at the guild-hall of the city of bristol . northampton tuesday the fourth of september at the castle of northampton rutland friday the seventeenth of september at okeham . lincoln monday the tenth of september at the castle of lincoln . city of lincoln the same day at the city of lincoln . nottingham saturday the fifteenth of september at nottingham . town of nottingham the same day at the town of nottingham . derby tuesday the eighteenth of september at derby . leicester friday the twenty one of september at leicester . town of leicester the same day at the town of leicester . city of conventry monday the th of september at the city of coventry . vvarwick tuesday the five and twentieth of september at vvarwick . london , printed by john bill and christopher barker printers to the kings whereas we are highly sensible of the many and great inconveniences, which his majesties good subjects in this kingdome are too frequently brought under by the multitude of causeless presentments and indictments, which are usually prosecuted at the assizes and sessions, rather out of malice or revenge than for the furtherance of justice ... by the lord lieutenant and council, jo. berkeley. ireland. lord lieutenant ( - : berkeley) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing i estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whereas we are highly sensible of the many and great inconveniences, which his majesties good subjects in this kingdome are too frequently brought under by the multitude of causeless presentments and indictments, which are usually prosecuted at the assizes and sessions, rather out of malice or revenge than for the furtherance of justice ... by the lord lieutenant and council, jo. berkeley. ireland. lord lieutenant ( - : berkeley) berkeley, john, sir, d. . [ ] leaves. printed by benjamin tooke ... and are to be sold by mary crooke ..., dublin : . title from first lines of text. statement of responsibility transposed from head of title. imprint from colophon. "given at the council chamber in dublin, the th day of june "--leaf [ ] tables. broadside in [ ] leaves. reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng courts -- ireland -- officials and employees -- salaries, etc. ireland -- history -- - . ireland -- politics and government -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the lord lieutenant and council jo. berkeley , whereas we are highly sensible of the many and great inconveniences , which his majesties good subjects in this kingdome are too frequently brought under by the multitude of causeless presentments and indictments , which are usually prosecuted at the assizes and sessions , rather out of malice or revenge than for the furtherance of justice ; as also by the immoderate exaction of fees in clerks of the crown , clerks of the peace , sheriffs and gaolers , which do not onely disturb the peace and quiet of this kingdome by the continual creating of animosities , and vexations , but do also very much impoverish and disable the subjects by exposing them to unnecessary and excessive charges . for the preventing and remedying of which mischiefs , we have thought fit , and accordingly do by this our proclamation direct and require his majesties judges in their respective circuits , and also his majesties justices of peace in their respective counties , that they do take care at the respective assizes and sessions hereafter to be held , that no grand jury shall offer , nor any clerk of the crown , or clerk of the peace shall receive any indictment , except for felony , or treason , or any presentment hereafter to be made , without the name of the prosecutor , with the addition of his quality and place of abode thereunto annexed , to the end that if upon tryal it shall appeare to the court , that the said indictment or presentment was malicious , the said prosecutor may be punished according to law for such prosecution . and whereas the ascertaining and publishing of the fees of the above named officers may tend much to the ease and quiet of his majesties subjects , and to the preventing of all undue exactions upon them ; we have thought fit herewith to publish the establishment made of fees due to the said officers in the time of the lord uice-count grandisons government in this kingdome and hereunder mentioned , which establishment we do strictly require to be observed , and that the same be affixed in some publick place at every assizes and quarter sessions , and that no clerke of the crown , clerke of the peace , sheriff or gaoler under the pain and penalty of extortion do take other , or greater fees than are therein established , except onely in such cases , where by any statute other fees are allowed to the said officers ; and whereas there hath been a fee of ten shillings usually taken by his majesties justices of assize , upon the tender of any travers to such indictments or presentments as have been found before them , which doth occasion an increase of charge to his majesties subjects , who are often found innocent upon their tryals , and doth hinder many persons from traversing such indictments and presentments as are causelesly prosecuted against them , the charge of being acquitted upon such traverses being commonly so great , that it is usually more easy to submit to a small fine for such offences , whereof they are really not guilty , than to traverse such indictments ; and we having conferred with his majesties judges herein , they have freely and unanimously offered for the further ease of his majesties subjects to remit the said fee of ten shillings , which hath been formerly taken by them upon the tendering of such traverses , whereof we have thought fit to give this publick notice to all persons , who shall be hereafter concerned therein . and whereas we are informed that the offices of clerke of the crown , and clerke of the peace are often let to farme in several counties of this kingdome , which is not onely illegal , but also very inconvenient , and by reason thereof the execution of the said offices is often committed to insufficient persons , indictments and presentments are multiplyed , and undue fees are exacted , we have thought fit hereby to require his majesties judges of assize , and justices of the peace of the respective counties of this kingdome to take care , that none of the said offices be let to farme , or executed by any persons , who do farme the same , but that the same be executed either by the respective patentees of the said offices , or by such able and sufficient sworne deputies , as shall be approved and allowed of by the said judges and justices . and in all cases where it shall appear to the said judges or justices , that any indictments or presentments are malitiously prosecuted before them , they are hereby required to proceed with all the severity that the law will admit against such prosecutors , and also to certifie unto us the names of such persons , who shall so malitiously prosecute any such presentments or indictments , to the end they may be proceeded against and punished , as disturbers of the publick peace of this kingdome ; and the said judges and justices are also from time to time to certifie unto us the names of such clerks of the crown , and clerks of the peace , as shall continue contrary to this our proclamation to let to farme their said offices , or shall neglect or refuse to execute their said offices themselves , or by such able and sufficient deputies , as by the said judges and justices shall be approved and allowed of : and his majesties judges of assize in the several counties of their respective circuits , are to cause this proclamation and the said establishment of fees , to be openly read in the hearing of the countrey at the publick assizes in every county , and the justices of the peace in every county are to do the like at the quarter-sessions . given at the council chamber in dublin , the th day of june . the table of fees. sheriffs fees. for all capias at the suite of the king , for trespass or contempt , as also for all capias of debt , trespass or demand at the suite of the subject , that the sheriff shall have for every such capias in causes as aforesaid . viz. twelve pence sterling . for his warrant four pence for a bond of bailement four pence to the bayliff that maketh the arest d. for every summons , or scire facias at the suite of the party as well upon the original process as upon judicial record . six pence for the return and copy of any pannel . four pence for returning a venire facias duodecem juratores . eight pence for returning a habeas corp . nine pence for a distringas jurator : with a tales sixteen pence for writs of proclamations containing five persons , or under for every proclamation . three pence and if it contain more for every proclamation . four pence f●r writs of execution , for debts or damages for every pound sterling under fifty * twelve pence and if it exceed in every pound six pence for an inquisition to inquire for dammage or value of lands or goods three shillings four pence for writs of seisin or possession , for all the lands contained in the writ . ten shillings and further consideration to be had of him by the judges of the court out of which the writ doth issue , if they shall find his pains to deserve it .   for writs of restitution of goods under the value of twenty pounds . five shillings and if it be above twenty pounds . ten shillings for proceeding and executing ●f and upon a writ of justicies . three shillings nine pence for entering a supersedeas and the return thereof before judgement . eighteen pence for a supersedeas after judgement twelve pence for extents upon statute staples statut . merchants or recognizance if it exceed not one hundred pounds for every pound twelve pence if above one hundred pounds , six pence in the pound , until you come to two hundred six pence and for every pound above two hundred three pence in the pound , after that he receive the twelve pence in the first , and six pence in the second . three pence and these fees to be paid by the party upon the liberate and not before .   for every acquittal of treason by verdict eight shillings for every acquittal of felony by verdict five shillings for every one pleading a pardon to an indictment of felony and for entring the plea , and making up the record five shillings for enrolling the pardon thereon five shillings for every one discharged ( by pleading a pardon ) of treason eight shillings for enrolling the pardon of treason and making up the record ten shillings if any be indicted of treason and is to be discharged by warrant , for entring the warrant , judgement , and record ten shillings if of felony five shillings if of trespass eighteen pence for every one allowed the benefit of cleargie , for making up the record five shillings for a writ of restitution of goods upon felony or forcible entry and for the seal four shillings fees in the sheriffs courts . for a replevin eighteen pence for a withernam eighteen pence for a writ or precept de proprietat . proband . eighteen pence for the inquisition and verdict thereupon . two shillings for the return of a recordare and plaint eighteen pence for entring a plaint two pence for every summons , attachment , or distress before appearance three pence for every default after summons , attachment or distress before appearance by way of issue , to the king for the first default three pence for the second default six pence for the third default nine pence and so beginning at three pence , six pence , nine pence as aforesaid , and so to renew and continue ad infinitum untill appearance   for entring the defend . appearance . three pence for entring the declaration three pence for the copy thereof three pence for entring every plea or general issue three pence for entring the verdict and judgment three pence for every process to summon a jury to try the issue three pence for a precept of execution twelve pence for an atturneys fee during the suit twelve pence for blood-shed five shillings for battery two shillings six pence fees for the clerk of the crown and assizes in the circuits . for every one that appears upon any capias upon an indictment or presentment twelve pence for every one appearing upon an alias capias two shillings six pence for every one appearing upon the exigent four shillings for every one appearing upon a plur . cap. three shillings four pence for every one appearing upon a capias utlagat five shillings for every name in a supersedeas to such a writ eighteen pence for takeing any recognizance of the peace , or for appearance at the next assizes or quarter-sessions , or within ten dayes or such like two shillings for entering appearance upon such a recognizance twelve pence for takeing a recognizance of the good behaviour for ever three shillings four pence for cancelling such a recognizance twelve pence for every de die in diem four pence for every person that appears to find sureties on his pardon five shillings for every one that is bound to the king for appearance , and dieth before the day of appearance and his suerties plead his death , for entring the plea and allowance thereof three shillings four pence for every person returned into the kings-bench . wherein the partie is to have advantage , if the certiorari be for one person five shillings if the certiorari be for more than one then for every one two shillings for a dismissal upon an indictment of trespass , if it be insufficient in law two shillings for every one committed by the court for a contempt , or otherwise , and being not fined , is discharged , then for his discharge twelve pence . but if he be discharged presently , then to pay but six pence for searching for a record at the suite of the party , who suggesteth that he hath been formerly discharged , if it be within a year four pence for every one discharged by proclamation in treason , if it be upon an indictment three shillings four pence if without indictment two shillings if of felony , and bill be preferred , and ignoramus found by the grand jury two shillings if without bill indictment preferred twelve pence for every venire facias nine pence for every one submitting himself to the grace of the court upon an indictment of trespass , for entring the submission , protestation , and discharge two shillings six pence if no more then four be conteined in the indictment eighteen pence if more than four for every one fifteen pence if for recusancie two shillings for entring the traverse to every such indictment of trespass , and for the bonds to traverse , if four and no more be conteined in the indictment three shillings four pence if above four , every one of them two shillings if for recusancie two shillings six pènce if the traverse do go for them , they are to pay for the judgement and discharge being four and no more three shillings four pence if above four , for every one of them two shillings for making an indictment of treason six pence for making an indictment of felony six pence for making an indictment of trespass six pence for every one that hath a copy of an indictment of trespass twelve pence for a discharge of an indictment of trespass , if it be not sufficient in law twelve pence if the traverse be found for the partie , he is to pay for entring the judgement and discharge , if there be not above three two shillings if above three , for every one twelve pence for every person that submitteth himself to the grace of the court , for entring his appearance and submission , and giving a discharge two shillings for every person returned into the kings-bench upon a certiorari , wherein the partie is to have advantage , if the number exceed three , for every one eighteen pence if it be for one alone three shillings for every mans acquittal of trespass , and giving discharge three shillings four pence for every year back-ward , that such search is made four pence for the copy of an indictment upon a statute two shillings for the copy of an attainder of felony , if the clerk have goo● warrant to give it five shillings for the copy of an attainder , of treason if the clerk have good warrant to give ten shillings for the copy of a recognizance with a condition nine pence for entring the plea and enrolling of a charter being pleaded , and whereof allowance is required thirteen shillings four pence for every one that pleadeth auterfoites acquit to an indictment of felony five shillings for the like plea to an indictment of treason ten shillings if any one be fined and afterwards be remitted , for discharging the fine eighteen pence for release of the peace twelve pence fees for the clerk of the peace . for a copy of an indictment of trespass twelve pence for entring the plea to every indictment of felony or trespass two shillings for a copy of an indictment , if it be upon a statute three shillings four pence gaolers fees. for a committal twelve pence for the enlargement of a prisoner for treason and acquitted six shillings eight pence for the enlargement of a prisoner for felony and acquitted three shillings four pence for strikeing off the irons of any prisoner blanck for a prisoners lodging , every night , he having a good bed clean sheets &c. four pence for a prisoners diet per diem six pence for a prisoner acquitted by proclamation nine pence for the enlargement of a servant for misdeameanor towards his master or mistress four pence item it shall not be lawfull for any gaoler to take from any prisoner any part of his cloathes , or mony that the prisoner shall have about him at the time of his commitment , nor of any cloathes , meat or mony , that shall be sent unto him by charitable people .   ja. armachanus . mich. dublin . canc. donegall . r. ranelagh . shannon . massereene . henry midensis . kingston . r. booth . jo. bysse . j. temple . rob. byron . paul davys . tho. pigott . god save the king. dublin , printed by benjamin tooke , printer to the kings most excellent majesty , and are to be sold by mary crooke , in castlestreet , . notes, typically marginal, from the original text notes for div a -e * memorand . th●s l . by s●atute decimo caroli primi is made l . fees for the clerk of the crown &c. continued . fees for the clerke of the peace continued .