A06314 ---- By the master, wardens and assistants of the Companie of Ship- wrights Corporation of Shipwrights of England (London, England) 1621 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A06314 STC 16785.7 ESTC S3128 33143008 ocm 33143008 28187 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 0 1.0 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 1, no. A06314) Transcribed from: (Early English Books Online ; image set 28187) Images scanned from microfilm: (Early English books, 1475-1640 ; 1885:21) By the master, wardens and assistants of the Companie of Ship- wrights Corporation of Shipwrights of England (London, England) 1 sheet ([1] p.). s.n., [London : 1621] Palce and date of publication from STC (2nd ed.). Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Corporation of Shipwrights of England (London, England) Guilds -- England. Shipwrights -- England. Broadsides -- London (England) -- 17th century. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion By the Master , Wardens and Assistants of the Companie of Ship-wrights . VVHereas the remisnesse of former Gouernors in executing the ordinances established for the well gouernment of the Corporation , and their forbearance to leauy the fines imposed for breach of orders , according to his Maiesties charge , and the ordinances thereupon made , makes many persons , especially of the better sort , insolent in their cariage and remisse in their duties : and notwithstanding that we who are now Gouernors , with a ioynt consent are in hand to redresse those grieuances which themselues complained of , and that many of them are eyewitnesses what good entrance we haue already made , in reforming of many disorders , and particularly for reliefe of the poore , and restraining the abuse of keeping exorbitant numbers of seruants , yet many do still persist in their obstinacie , supposing and reporting that our paines and present industrie is but a blaze which will soone vanish . But we thinke it fit to let all men know , that forsomuch as a course is now setled by order of law for discharge and paiment of the Companies debts , which did heretofore hinder and distract all good proceedings , we do intend by Gods assistance ( according to our dutie and oath ) to go on in the effectuall setling of his Maiesties charge and ordinances within the riuer of Thames and Medway , and in reforming of all abuses and disorders contrary thereunto . And because the common workmen are wholy freed from paiment of the Companies debts , and are neuer henceforth to be charged or burthened with any more taxes or other impositions besides the ordinary duties of quarterage , admittance , presentments , and fines for breach of orders ( according as is vsuall among all other Companies : ) we are to let them know , that from henceforth a more stricter account shall be taken of their irregular courses then hath been heretofore , and that we will proceed in managing the trust committed to vs without partialitie or sparing of any person whatsoeuer ; and therefore we do hereby signifie vnto them and all others whom it concernes , that whosoeuer from the first day of May next comming , shall offend in the wilfull breach of any ordinance of the Companie , shall be sure to be censured and his fine leuied , without any fauour or conniuence ; and hereof it is that we would haue euery one to take notice , for which purpose this order is printed and appointed to be set vp in euery mans Yard , that no man may pretend ignorance , especially in these six points following . 1. That whosoeuer hath formerly bound or enrolled his Apprentice at London or elsewhere , and brings not his Indenture to the Clerke of the Companie to be registred according to his Maiesties charge betwixt this and the first day of May next comming , shal be sure to pay his fine . 2. That whosoeuer from the sixt of Ianuary last ( at which time it was ordered and publike notice giuen ) hath retained or shall hereafter keep or retain aboue the number of two Apprentices , limited in the ordinance for that purpose , shall pay his fine of 5 l. without any further fauour . 3. That whosoeuer comes not to the Hall or place of meeting , vpon the first or second warning or summons by the Beadle or Officer of the Company , shall be sent for by a messenger , and pay his fine and the messengers fees before he be discharged of his arrest . 4. That whosoeuer bindes his Apprentise any where else then at the Hall , shall pay his fine of 40 s̄ without fauour . 5. That whosoeuer goes to Sea , and comes not first to the Hall to haue his sufficiencie approued and to register his name according to the ordinance in that behalfe , shall be fined accordingly . 6. That whatsoeuer Yard keeper or other shall set any stranger to worke , contrary to the ordinance in that behalfe , or shall imploy or continue in worke any person whatsoeuer or his seruant that is refractory to the Company , after warning giuen , shall pay the fine limited for that offence . For the better keeping of good order , it is thought fit , that whosoeuer shall be from henceforth made free of the Companie , shall take out a copie of his freedome vnder seale , without shewing whereof no man to set him aworke . Also , that whosoeuer from henceforth shall take any seruant , shall haue a warrant vnder seale , limiting how many apprentises he shall keepe , and his apprentises names to be endorsed vpon the warrant , to the end we may be sure to keepe all men within compasse . We desire the second Assistants , and euery man else that heares of any stranger set to worke , or any one that keepes aboue the number he ought to keepe , or of any man that works for himselfe and hath not serued his time , or marries before his time be expired , or of any other abuse or disorder fit to be redressed , to giue notice to the Beadle or Officer of the Companie , who for that purpose is appointed once euery fortnight to go through all the Yards in the Riuer . Lastly , if any persons of the Company do find themselues agrieued in any thing , let them come in an orderly fashion and present their grieuances in writing , and they shall expect we will be ready to do them all the right and iustice that can be reasonably required . God saue the King. A13972 ---- The answer of the masters of the Trinitie-house, to the speciall obiections of the patentee, to the keeping of Winterton lights Trinity House (London, England) 1621 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A13972 STC 24283 ESTC S3424 33149749 ocm 33149749 28483 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 0 1.0 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 1, no. A13972) Transcribed from: (Early English Books Online ; image set 28483) Images scanned from microfilm: (Early English books, 1475-1640 ; 1885:25) The answer of the masters of the Trinitie-house, to the speciall obiections of the patentee, to the keeping of Winterton lights Trinity House (London, England) 1 sheet ([1] p.). W. Jones, [London : 1621] Imprint suggested by STC (2nd ed.). Imperfect: faded. Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Meldrum, John, -- Sir, d. 1645. Erskine, William. Lighthouses -- England. Shipping -- Taxation -- Great Britain -- Early works to 1800. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2007-08 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion The Answer of the Masters of the Trinitie-house , to the speciall Obiections of the Patentee , for the keeping of VVinterton lights . WHereas it is obiected , that from the eighth of Elizabeth , we neuer set vp light-houses at Winterton vntill this time : we answer , it is true . The reason is , that vntill now , there was neuer cause , neither in the ●●●gements of our selues , nor of the Masters of shipping , trading that coast . About 2 or 3 miles from Winterton , 13 or 14 yeares since , we built 2 light-houses , and layd 2 booyes at a place called Castor : at which time we sounded all those channels , but found no cause why to set vp , or lay out any sea-marke , either for day or night at Winterton . Some 10 yeares since , or thereabouts , we made 2 other light-houses at Lowstoffe : at which time we likewise sounded all those channels on that coast , but found no cause for any sea-marke at Winterton : so good was the channell there , that we thought it not needfull ; neither was it held necessary by others . Some 6 yeares since , or thereabouts , we sent six of the chiefest of our Corporation , with ketches or boates to sound all those channels vpon that coast ; and to erect , and lay out such and so many sea-markes , as to them should seeme good : yet found no cause to set vp any light-house at Winterton . But now some 4 yeares since ▪ or thereabouts , in one Winter the sands altered , and the channell grew dangerous : and presently after , fell a wracke of 5 or 6 ships : yet not so much by the alteration of the channell , as by a great storme or tempest , that happened by night : which ouer-ruled the skill and cunning of the Pilots , to the losse of the foresaid ships : yet were not all the ships lost which were in this storme , and in the company of those lost ships : for the whole number of ships was 35 or 40 , of which onely fiue or sixe were lost . Presently vpon this , we made preparation , ( which was seconded by a generall petition from all the owners and Masters of ships trading New-castle , and that North coast ) and began to build our Tower-light in March , and finished it in Iune following ; which cost vs 600 pounds ; and kept our lights from Iune to Aprill following , without any collection towards the charge . By which time the Patentee obtained his patent ( dated the xviij of Febr. 1617. ) by vertue whereof we were commanded to put out our lights : which we did . And afterwards the Patentee broke open the doore of our tower-light , and kept his light in it , vntill his owne structures were erected . Whereas it is auerred and deliuered , that the Patentee hath bene at 25 or 30 hundred pounds vpon the charge of his structures , or houses built at Winterton : we answer , that the like structures or houses may be built for 150 pounds , or thereabouts . And for the surplus of charges , we professe , not to vnderstand it , neither do we thinke that the Patentee can giue an account thereof . For the monethly or yearely charges of keeping the said lights ; we answer : that it is about 11 or 12 pounds a moneth , which is 130 pounds , or thereabouts , a yeare . Towards this his charge in erecting , and for his maintenance of these lights , 3 yeares or thereabouts he hath receiued the collection of 2 pence vpon euery chaldron of coales : which amounteth yearely to the summe of 14 or 15 hundred pounds ; besides the collection of one pennie vpon the tunne of all other ships trading that coast : which ( being 40 pence vpon euery 20 chaldron ) is neere seuen times so much as the voluntary contribution ( of 6 pence vpon euery 20 chaldron ) accepted by the Trinitie-house , for maintenance of their lights . Now it resteth to answer to the difference , betweene the Patentee , and the Masters of the Trinitie-house , in point of qualitie , and care , for well keeping of the said lights . Of the Patentee , we will say but this : he is no sea-man . In the nature of sea-markes , sands , channels , tides , &c. he neither doth , nor can possibly vnderstand . For the Masters of the Trinitie-house , in point of qualitie , who can iustly except against vs ? Are we not sea-men , bred euen from our childhood , in the knowledge of marine affaires : of nauigable channels , sands , ebbing , flowing , and setting of tides : in the knowledge of setting out of sea-markes , whether for day or night ? is not this knowledge within the compasse of our element , and of ours onely ? Are we not at home , when we are in our ships , surging in those channels , and on the seas ? who will or can dispute or reason with vs in this element ? it is proper to vs , improper to all other . In point of care , may any be equall to vs ? we aduenture our liues , our estates , yea all our meanes within the compasse of these channels : our hopes in all depend vpon the knowledge of channels , sands , and the well keeping of sea-markes . His Maiestie reposeth the trust , the care and charge of his Nauie royall ( in point of conduction and pilotage ) to vs ; we say , to vs onely : neither will his Ma : repose this trust in any other Corporation or Companie in this kingdome . If all these weightie motiues be not of force , to settle more care in vs , then in any other , for the well keeping of sea-markes , let vs suffer , and be hanged at the gates of the Kings Court , for example to others . In point of authoritie , making for vs : it is now 100 yeares , since we were made a Corporation : it is 55 yeares , since the Parliament made a law , to enable vs , for the setting vp , and laying out of all sea-markes : which accordingly we haue done : and neuer questioned vntill now , and that by the Patentee . The examination whereof , by vertue of two seuerall references from the King , came to full hearing , before the right honorable Lords , at the Councell boord ; who , by two seuerall orders ( as by the said orders at large may appeare ) conferred , and confirmed the whole , and sole keeping of all sea-markes , vpon our Corporation . After this , the Patentee got a third reference to Sir Henrie Yelverton , then Attorney generall : he takes into his consideration , the legall point onely , ( not medling with the point of conuenience ) and finding the want of a negatiue in the statute , certified that the Patentee , by allowance from the King , might do it , as well as we . VVhereupon he obtained his Maiesties grant , and enioyes the benefit : to the great griefe and discouragement of all Merchants , owners , and Masters of ships trading those Northerne coasts . The consideration hereof , in all humilitie , we submit , to the mature wisedome and censure of this most honorable Court. Notes, typically marginal, from the original text Notes for div A13972-e10 Answer to the obiection of neglect . That we erected a light-house , as soon as was cause ; and that 10 or 11 months before the Patentee . The charge of the Patentees structures . His yearely charge . His yearely receipts . 40 pence for 6 pence . The Patentees vnfitnes . Qualitie , fit to keepe sea-markes . Care in keeping sea-marks Authoritie for keeping sea-markes . A28654 ---- A plain and easie rule to rigge any ship by the length of his masts, and yards, without any further trouble Bond, Henry. 1664 Approx. 9 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A28654 Wing B3565 ESTC R40758 18925915 ocm 18925915 108466 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 0 1.0 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 1, no. A28654) Transcribed from: (Early English Books Online ; image set 108466) Images scanned from microfilm: (Early English books, 1641-1700 ; 1682:7) A plain and easie rule to rigge any ship by the length of his masts, and yards, without any further trouble Bond, Henry. 8 p. Printed for William Fisher ..., London : 1664. Title page cropped; title taken from caption title. Attributed by Wing and NUC pre-1956 imprints to Henry Bond. Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Masts and rigging. Ship handling. 2006-05 TCP Assigned for keying and markup 2006-05 Aptara Keyed and coded from ProQuest page images 2006-07 Derek Lee Sampled and proofread 2006-07 Derek Lee Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion A PLAIN and EASIE RULE TO RIGGE ANY SHIP BY The LENGTH of his MASTS , and YARDS . Without any further Trouble . LONDON , Printed for William Fisher at the Postern-Gate neer Tower-Hill . 1664. A Plain and Easie RULE to RIGGE any SHIP by the Length of his MASTS and YARDS , without any further Trouble . For the Spritsail-Yard . Halliards THree times the length of the Yard . Lifts Three times the length of the Yard . Clulines Two times the length of the Yard . Braces Two times the length of the Fore-yard . Buntlines Two times the length of the Yard . Sheets Three times the length of the Yard . Pennants One third of the Yard . For the Spritsail-Top-mast . Shroudes Most be the length of the Mast from the Heel to the Crostrees . Halliards Three times the length of the Mast . Lifts Three times the length of the Mast . Clulines Two times the length of the Spritsail Yard . Braces Two times the length of the Spritsail Yard . Cranlines Two times the length of the Topsail yard . For the Fore-Mast . Pennants ⅓ Of the length of the Shroudes . Shroudes ⅔ Of the Mast . Stay One time the length of the Mast wanting ⅙ Lifts Three times the length of the Shroudes . Clugarnets Three times the length of the Shroudes . Buntlines Two times the length of the Mast from the Deck to the Crostrees . Leechlines Two times the length of the Main Yard . Braces Two times the length of the Main Yard . Foresheets 2 & ½ times the length of the Main Yard . Jeeres Four times the length of the Mast from the Deck to the Crostrees . Buntlines Two times the length of the Main Yard . Topsail-sheets Two times the length of the Main Yard . For the Fore-Topmast-Rigging . Pennants Of the Shroudes . Shroudes One time the length of the Mast from the Crostrees to the feed hole . Burtons One time the length of the Foreyard . Lifts 2 & ½ times the length of the Foreyard . Clulines Three times the length of the Foreyard . Braces 2 & ⅓ times the length of the Foreyard . Bowlines 2 & ½ times the length of the Foreyard . Leechline Two times the length of the Foretopsail Yard . Tye One time the length of the Topmast . Runner 1 & ⅓ time the length of the Foreyard . Halliards Three times the length of the Foreyard . Stay 1 & ⅓ the length of the Mast . Backstays 1 & ⅓ the length of the Foreyard . Buntlines Two times the length of the Foreyard . The Fore-Top-gallant-Rigging . Shroudes One time the length of the Mast from the Crostrees to the feed hole . Stay 1 & ½ times the length of the Foreyard . Lifts Three times the length of the Mast . Braces 2 & ½ times the length of the Foreyard . Bowlines 2 & ½ times the length of the Foreyard . Halliards 2 & ½ times the length of the Foreyard . For the Main-Mast-Rigging . Pennants ⅓ Of the Shroudes . Shroudes ⅔ Of the Mast . Stay The length of the Mast . Jeers Four times the length of the Mast from the Deck to the Crostrees . Lifts Three times the length of the Main yard Braces 2 & ½ times the length of the Main yard . Bowlines One time the length of the Main yard . Clugarnet 2 & ½ times the length of the Main yeard Buntlines Four times the length of the Mast for Falls and Leges . Leechlines Two times the length of the Main yard . Tacks One time the length of the Main yard . Runners One time the length of the Main yard . Tacklefals Three times the length of the Runners , Sheets 2 & ½ the length of the Main yard . Eknave-line . Two times the length from the Cross-trees to the Deck . Topsail-sheets . Two times the length of the Main yard . The Main-Top Mast Rigging . Pennants ⅓ Of the Shrouds . Shroudes One time the length of the Mast . Stay 1 & ½ times the length of the Mast . Braces 2 & ⅓ the length of the Yard . Burtons ⅓ Of the Main Yard . Lifts 2 & 1 / ● ; of the length of the Main yard . Buntlines Two times the length of the Main yard . Clulines Three times the length of the Main yard Tye One time the length of the top mastShroud . Runners One time the length of the Main yard . Halliards Three times the length of the Main yard . Leechlines Two times the length of the topsail yard . Buntlines Two times the length from the Deck to the Hounds . Top-rope One time the length of the main shrouds Topropefal Two times the length of the Main Mast . Pennants for Braces One third of the topsail yard . Backstays 1 & ½ the length of the Main yard . For the Main-Top-gallant-Mast-Rigging . Shroudes Once the length of the Mast from the Cross-trees to the heel . Stay 1 & ½ the length of the Main yard . Lifts Three times the length of the top gallant Mast . Braces Two times the length of the Main yard . Bowlines Two times the length of the main yard . Tye The length of the mast . Halliards 2 & ½ times the length of the main yard . Top-rope Two times the length of the main yard . Rigging for the Mizoen Mast . Halliards Four times the length of the mast from the Deck to the Cross-trees . Braytles Two times the length of the mast from the Deck to the Cross-trees . Sheet One time the length of the Yard . Tack Three Fathomes length . Shroudes One time the length of the mast from the Deck to the Cross-trees . Pennants ⅓ Of the Shroud . Burtenfal One time the length of the main yard . Stay One time the length of the mast Bowlines One time the length of the Crossjack yard Rigging for the Mizoen-Top-Mast . Pennants ⅓ Of the Shroud . Shroudes The length of the mast from the Cross-trees to the Heel . Stay 1 & ½ the length of the mast . Lifts Three times the length of the mast . Braces 1 & ⅓ the length of the Mizoen yard . Bowlines 1 & ½ the length of the Crossjack yard . crosjack braces 2 & ½ the length of the Crossjack yard . Sheets 2 & ½ the length of the Crossjack yard . Clulines 2 & ½ the length of the Crossjack yard . Halliards 1 & ½ the length of the Mizoen yard . Tye One time the length of the top-mast from the Cross-trees to the Heel . FINIS . A03251 ---- A true description of His Majesties royall ship, built this yeare 1637. at Wooll-witch in Kent To the great glory of our English nation, and not paraleld in the whole Christian world. Published by authoritie. Heywood, Thomas, d. 1641. 1637 Approx. 68 KB of XML-encoded text transcribed from 28 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-09 (EEBO-TCP Phase 1). A03251 STC 13367 ESTC S106217 99841937 99841937 6557 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 0 1.0 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 1, no. A03251) Transcribed from: (Early English Books Online ; image set 6557) Images scanned from microfilm: (Early English books, 1475-1640 ; 1144:01) A true description of His Majesties royall ship, built this yeare 1637. at Wooll-witch in Kent To the great glory of our English nation, and not paraleld in the whole Christian world. Published by authoritie. Heywood, Thomas, d. 1641. [8], 48 p. : ill. Printed by Iohn Okes, for Iohn Aston, and are to bee sold at his shop in Cat-eaten streete at the signe of the Buls-head, London : Anno 1637. Dedication signed: Thomas Heywood. The ship was the "Sovereign of the Seas". Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sovereign of the Seas (Ship) -- Early works to 1800. Ships -- Early works to 1800. 2002-05 TCP Assigned for keying and markup 2002-06 Aptara Keyed and coded from ProQuest page images 2002-07 Judith Siefring Sampled and proofread 2002-10 Aptara Rekeyed and resubmitted 2002-11 Judith Siefring Sampled and proofread 2003-02 Aptara Rekeyed and resubmitted 2003-06 Judith Siefring Sampled and proofread 2003-06 Judith Siefring Text and markup reviewed and edited 2003-08 pfs Batch review (QC) and XML conversion A True Description of His Majesties Royall Ship , Built this Yeare 1637. at Wooll-witch in KENT . To the great glory of our English Nation , and not paraleld in the whole Christian World. Quae freta jam Circum Cingunt regalia Regna Deberi Sceptris Carole scito tuis , Auspicijs macte ergo bonis invicte Monarcha Parcere subiectis , perge , Domare feros . Published by Authoritie . LONDON : Printed by Iohn Okes , for Iohn Aston , and are to bee sold at his shop in Cat-eaten-streete at the signe of the Buls-head , Anno 1637. TO THE HIGH AND Mighty Monarch CHARLES The first of that NAME , KING of Great BRITTAINE , FRANCE AND IRELAND , Defender of the Faith , &c. Consecrateth these his humble endevours , Thomas Heywood . To my much respected Friend , Master Thomas Heywood , and of his Booke of his Maiesties Great Ship. NOw for an Homer whose immortall Verse , In well lim'd lines , and raptures might rehearse The bravery of this Vessell , he 'd have found A way fit to expresse her , and have crownd Her stately Fabricke , with invention , As large and stately as her selfe . Not one Calliope , but the whole Muses Quire Had bin invoak'd , his fancy to inspire . He would have told , how Iove in Counsell sate , And all the gods determin'd of Her fate . The Grecian Argo , that now shines in glory A Constellation , had bin lost in Story . This only had bin stellified , and made The Subiect of an intyre Iliade . He would have told how well she had bin wrought , And all the Argive Heroes ( were her fraught , ) Such wonders of her frame , and all but truth , Would have so fir'd the Macedonian Youth , And his proud thoughts into such passions hurl'd , He would have priz'd her , 'bove another World. Her , Neptune at first sight embrac'd , and gave Her power to insult upon each swelling Wave . Then layd his Trident on her Decke , and swore To fill her wombe with the rich Indian Ore. This Homer would have told , and for tuition , The Deities stood all in Competition . The Winds too should have struggled in their iayles , And br●ake out , to salute her pregnant Sayles . Scylla with her fierce Dogs , had barkt no more ; Nor should the Sea-man heard Charibdis roare . This Ship alone had torne their stony iawes , And with her Bullets surfeited their mawes . This Homer would have told , but in what state And strength of verse , no Muse can arbitrate . Achilles br●zen Launce had not beene nam'd , To shake downe Towers , nor that great Machine fram'd By Pallas Art , wherein were Captive led A thousand Conquer●rs , that ruin'd Priams 〈◊〉 ●lion , and did levill lay With the base ground , the pride of Asia . Had this brave Ship rod there , no need had been Of Ajax , Nestor , or of Id●men , Nor of Achilles Mirmidons ; each stone Had owed its ruine to her strength alone ▪ Then after the long siege , and ten yeares stir , Vlysses wandrings had beene put in Her. Thus the true Prince of Poets , Homer would Have in Fames lasting●Booke Her name in rol'd . And they that shall of such a Subject sing , Their lines deserve acc●●tance from a King. But tell me Muse , though I must ever keepe Close to the shore , not launch into the Deepe . Yet deigne to tell , by a Propheticke way , What neighbour Nations censure , what they say ? The Spaniard with his politicke shrug , cryes out , There 's some designe in hand , and without doubt 'Gainst our late fleete : is there no way to take her , Or build the like ? could not our Jesuites make her Turne Romist ? and then they discourse the fight Of old Lepanto , and of eighty eight . The neighbour French , looke onely by meere shew , And outside gawdinesse , that thinke we owe Much for intelligence , 'cause they impose Their fancies on us , how to cut our clothes , And cringe , and congee ; yet the j●st report Of this Ships Architect●re , does extort This truth from their beliefe : she was no vaine Invention , nor kick sh●we of ●heir braine ; They never could aspire to i● ; ( 't is knowne ) And I am glad this fashion is our owne . The numerous Dutch , stil thriving in their purse ; That World-like , do enjoy the happy cur●e , To wander through the seas , that labour more Than Bees , and sucke the honey from each shore : In all their travels sware they never saw One so much water , so much honour draw ▪ What else should be supply'd , I ●ust b●queath To thee , friend Haywood , who hast Royall leave To publish it unto the worlds broad eyes , And art well skild in all her properties . Shackerley M●rmion . Imprimatur Tho. Weekes . With permission likewise by Peter Pett , Master builder 7. of Septemb. 1637. A True Description of His Majesties Royall Ship built this Yeare 1637. at Wolwitch in KENT , &c. NAvigation is as ancient , as the first great Deluge , and the Arke , which God Almighty commaunded to be made , the first Vessell that was ever lifted upon the Waters . For as before the Earth was unplowed , so were the Seas unfurrowed . One Ship at once contained all the living people of the VVorld , but now what a multitude of Ships doth the World containe ? The first , had neyther Mast , Saile , nor Oare , for what need was of these , or any of them ; when He who made the ●eas and the Winds , was both Pilot and Steares-man ? Noah , the first Navigator entred the Arke , in the yeare from the Creation , 1656. in the second Month , and the seventeenth day thereof , when he himselfe was six hundred yeares in age . His voyage was a full s●lary yeare , which containeth twelve Lunary Moneths , to which are added ten dayes , called Epactae . For so long he floated upon the Waters , ere he set footing upon the Earth . The Arke , after the Flood was somewhat abated ( according to the testimony of Moyses , first rested upon the Mountaines of Ararat , which the best Cosmographers held to ●e Montes Gordaei the Gordaean Mountaines , which have their scituation in Armenia . Haitonus Armenus in his Book de Tartarijs Cap. 7. Writeth that in Armenia there is a Mountain , which is held to be one of the highest upon Earth , vulgarly called Arat , on which the Arke first touched : and though by reason of the abundance of Snow which cloathed it Winter and Summer , it be altogether unpassable , yet in the very Apex and top thereof , there is still to be discerned a blacke shadow , resembling a Darke Cloud , which by the Natives of that Country , hath successively bin held , to be the still remaining carkasse of the Arke of Noah . Him , all the Ethnicke and Gentile Writers , call Ianus , because he first planted the Vine , for the Hebrews call Vinum Iajin , from whence he received the Denomination of Ianus Vinitor , who after arriving in Italy , and there seating himselfe , from him that Countrey was called Ianicula , and the City Ianua , by corruption of time , since called Genua , was thought to have bin by him Erected . My observation concerning the premises is , That he who was preserved in the Waters , was the first that taught the use of VVine . In which it may be supposed , more soules have since bin Ship-wrackt , then perisht in the first Vniversall Cataclisme . Quintus Fabius Pictor , in his first Booke de Aureo Seculo . i.e. the golden VVorld , telleth us , that this Ianus ( before sayd to be Noah ) intertained banished Saturne into Italy , who came thither by Sea , entring at Ostia , and sailed up the River Tyber . This , Ovid in his First Booke De fastis , Elegantly expresseth , who Demaunding of Ia●us the reason why upon one side of the Roman Navall Coine , a ship was Figured , and on the other , his owne double Portraicture ? ( According to the Poet ) having resolved him of the latter , hee thus proceedeth to satisfie him touching the former . Causaratis superest , Thuscum rate venit in Amnem , Primus aberrato falcifer orbe Deus . Hac ego Saturnum ( memini ) tellure recepi ●oel●tibus regnis , á Iove pulsus erat . At bona Posteritas puppim formavit in aere , Hospitis adventum , testificata Dei , Inde , diu genti mansit Saturnia nomen , Et dicta est Latium terra , volente deo . Thus Interpreted . Why the Ship 's there ; it followeth I should tell Saturne , whom Iove did from the heavens expell , After he travail'd had the World so wide , First with his Ship this Tuscan River tride , For which posterity on their Coyne imprest . A Ship , to show that he was here my ghest . Saturnia's name , long after bore this Clime , Till ( by his will , ) 't was Latium cald in Time. But we read further of a second Inundation which hapned in Greece . Athens was the first Accademy that can be read of , the Towne famous , the Inhabitants ingenious ; as first teaching the Argives the use of Woole , by Carding , Spining , and Cloathing , tutoring them in the two beneficiall Commodities of Oyle and Wine . Instructing them in Agriculture , as to Plow , to Sow , and to Reape , and to sustayne themselves with bread , who before fed on Achornes . Learning and Arts were there first Studied and Taught , in so much that the City was h●ld as sacred as a Temple Dedicated unto the gods . Cecrops was the first King therof , whom Antiquity fabled to be Biformis , as participating two shapes and Sexes . For no other reason , but because he first coupled and ioyned men and Virgins in the modest and civill tie of marriage . Him Craunits succeeded , from whose beautifull Daughter Atthis , the whole Region and Province that lyes betwixt , Achaia and Macedonia , tooke the Denomination of Attica : Craunus expiring Amphitrion was invested in the Throne , who first consecrated the Citty unto Minerva , and named it Athens : In whose time hapned that great flux of Waters which covered the greatest part of Greece , and in which many thousands of the people perished . Such as could save themselves in skiffes or Boates , escaped into Thessaly , a more Mountainous Countrey , where being gently received , and comfortably relieved by Deucalion and Pyrrha , who at that time reigned King and Queene . The Poets to magnifie their royall Hospitality , feigned , that when the whole World was destroyed by an Vniversall Deluge , ( saving them two , who preserved their Lives by climing up to the top of Pernassus ) they were the sole miraculous restorers of Mankind . But this Flood which according to truth , onely afflicted the most of Greece , and some part of 〈◊〉 , hapned in the yeare of the World tw● 〈◊〉 foure hundred forty , after , Noahs stood seaven hundred eighty foure . By this 〈…〉 it manifestly appeareth , that Shipping hath bin of old , and Exercised by sundry Nations : and so much briefly for the Antiquity of Navigation . BEfore I come to speake particularly of this Royall Ship it selfe , it will no● be 〈◊〉 altogether impertinent , to give you a Summary Relation of such severall kindes , of Vessells as were used of old by sundry Nations ; that the rudenesse of the first , may the better set off the rarenesse of the Last . Nonnius speakes of Miaparo , a kinde of Vessell most used by Pyrats , and made much af●er the manner of our small Pinaces . Varro and Budaeus , write of Parones which were the same which we call Brigantines . Acatium was Navis Actuaria , that is a small nimble Galley . Anchiromacu● was made after the manner of our great Liters , and imployed only to carry Anchors , Cables , Cordage , and other Nauticall Instruments . Baris , was no other then Cymba , a small Boate , and in such as Propert. Lib 3. affirmes , the Egyptians used to Ferry the bodies of their Dead to their places of buriall . Catascopium , was Nauis Exploratoria , a Ship of Watch and Discovery , and of such Caesar maketh mention in his Commentaries . Celox was a small and short kind of Boate or Crare , so called for the swiftnesse , of which Plautus in his Aulular maketh mention , and of which was grounded that old adage ; Celocem qui regere nequit onerariam petit : Hee desireth to take charge of a great Ship , who knoweth not how to governe a small one . Cyrcerus was a Vessel of great burden used in Asia , imployed in Merchandize , and the Transportage of all usefull Commodities , from one Countrey to another . Fasellus was built after the same manner ; and as Salust in his History witnesseth , most Frequent in Campania . Lybrini were Ships of Warre and very swift of Saile , so called of Lyburnia an Harbor in Dalmatia ; and of such Horace , remembreth us in Epod. Horia was a Fisher-boat , Lembus a Barke short and swift , spoken of by Pliny . The names of severall Vessells used in Navigation , according unto Gellius , are these that follow . Lib. 11. Cap. 25. Gaulae , Corbitae , Caudicae , Hippagines , Cercuri , Celoces , Oxiae , Remiculi , Actuaria , Prosumia , Gescortae , Orioles , Carrae , Scaphae , Pontones , Nuctuciae , Mediae , Phaselli , Parones , Myoparones , Lintres , Caupulicae , Mari-placidae , Cydarum , Ratariae , Catascopium , &c. Linter was a small Boate compact of hollowed Trees , ioyned together , and those the Germaines Dwelling neare unto the River Danubius first devised . Monocilon was a Boate made only of one Tree , not cut into plankes , and such the Indian Canooes are imagined to be . Gaulae , were made almost together round , yet such as they ventred with , not only uppon the Rivers , but in calmes uppon the Seas : Corbitae , were Ships for Trafficke , big but very stow of saile . Caudicae , were Boates made out of the pieces of a Ship that were broken up . Hippagines , were Ferry Boates to carry over Horse-men . Circurus , was built much after the manner of the Spanish or Portugall Carvels . Of Oxiae , the name is only remaining , but of what Fashion or burden the Vessel was , is not left to us . Remiculi were much after the condition of the Venetian Gundeloes . Prosumiae , were small Barkes , and swift of saile . Gescortae , were a kind of Spie-boates which waited upon a fleete at Sea. Oriolae , some do thinke to have beene fashioned much like unto our English-Barges , others thinke them to be the same with Horia before spoken of . Carrae , takes the Denomination of Carras , Currum , or Currus , that is a Waggon or a Chariot , because in such as in our Barges they were Rowed upon the Water for pleasure . Scapha or Scaphula was a small Boate or Wherry . Ponto●es were Ferry-boates , in such a one Phaon transported Venus over the River . Catascopium a smal Ship or Pinnace , and so of the rest . Trieris was a Vessell of great Burden first devised in Greece , which the Rowers , with three orders of Oares on either side , forced upon the Waters . The Latines cald such an one Triremis , or a Ship of three orders , as we read Q●adremes , and Quinque-remes amongst the ancient Romans , and amongst the Greeks Epteres , and Enneres , and Deceres , those of seven , nine , and ten orders . Pliny telleth us , that Dam● sthenes was the inventer of the Bi-remis , Ammocl●s the deviser of the Tri-remis , Gorin of the quadri-remis , first used amongst the Carthaginians ; Nesicthon the quinque-remis , who was borne is Salamine , the Countrey of Aiax , Xenagoras of Syracusa , in Sicil●a that of six orders , and Nesigiton that of ten . Alexander the great commanded one of twelve orders to be made : Ptolomaens Sother exceeded him , and brought them to fifteene . Demetrius Antigonus caused one to bee built of thirty orders ; Philadelphus increased them to Forty , and Ptolomaeus Philopater to Fifty , of which Calixenes in his first booke Re●um Alexandrinarum makes an incredible mention , as that shee was in length two hundred aud fourescore cubits , and fifty cubits in height from the Keele to the upmost deck , that she had two beake-heads , and two Sternes ; that she could not be rowed with lesse than three thousand and foure hundred Oares : but the Greekes so Hyperbolize in all things , that I should not without blushing give you a relation of her whole dime●sion . The like I read of the great ship of Hieron Syracusanus , described by Moschius after the like unbeleeveable manner , for thus he writeth : Much to be admired was Diocles Abderites for devising that rare Present which Demetrius brought to the City of the Rhodians , so Timaeus for that funerall Pile prepared for Dionisius the Tyrant of Syracusa ; so Hi●ronimus , for that incomparable Chariot in which Alexander the great rode in Tryumph : so Polycletus for that inimitable Candlesticke which was after presented to the great Sophy of the Persians : but above all these , H●eron the King of the Syracus●●ns , alwayes a faithfull colleague with the Romans ▪ who much delighted in the building of Vessels of great burden , convenient for the transportage of graine from one Province to another . But above all , he is to be renowned for one Navall structure , to raise which hee imployed at once threescore Triremes , to fetch Timber from Aetna , the rest of the materialls usefull for such a great worke , as nailes , plankes , &c. some out of Italy , some he had out of Sicilia : His cordage he had from Spaine , his hempen sayles were brought through the River Rhodanus , with divers other necessaries to accommodate so great and rare a Fabrick . Hee hyred also many Officers belonging to the Sea , as Masters , Pilots , Pursers , boat-swaines , and other ordinary Sea-faring men , over whom hee made one Archias Co●inthius prime governour and commander . There were three hundred Ship carpenters ▪ dayly at worke , who perfected the halfe part of her in six moneths ▪ and then she was lanched into the River , which had beene with great difficulty , had not the famous Archimedes devised new Engines to rowle her out of the stocks into ●he water , which he did with great facil●ty : In sixe Moneths after her upper d●cks were finished ; the Nailes which fashioned the planks together , were all of brasse , some of which were of ten pound weight : Her inward parts contayned Hall , Parlour , withdrawing and banqueting Roomes , aud those of no smal rece●te , paved with Achates , Emeralds , & other precious stones f●und in his owne Countrey ▪ and those maritime and adiacent Regions . She had a kitchin furnisht ●oth with earthen & brazen vessels , and in her Prore or fore-castle a roome shut , lined with shingle boards , or wainscot-plankes , in which were leaden Cesternes , and in them almost all sorts of Fishes preserved , holding many measures of water : There were sundry Bath-tubs made of Brasse , every of which contayned quinque metretae , that is , five vessels of water , every of them receiving three times thirteene Gallons . In her was a Schoole-house , and a Library ; divers chambers to dine and sup in , and Cabins with beds belonging unto them for all the prime officers of the Ship : There were moreover ten Stables for Horse , and roome allowed both for their Hey and Provender : shee had foure Anchors of wood , and eight of Iron ; but ( which I had almost forgot ) she had in her a Garden , and an Orchard , with Vines , and all kind of Flowers ; the Trees and Plants being set in earthen and leaden vessels fill'd with choise earth , being well watered , producted according to the Season : Her sinke drew no more water than one man might easily empty by a pumpe , which was devised b● the Art of Archimedes : shee was first called Syracusia , and after Alexandria . I have not yet given you a Tythe of her description , onely I thus end with her , that according to the same Author , as Athenaeus lib. Dipnosop . 5. cap. 7. witnesseth , besides all the former burden , her victualing was sixty thousand measures of Corne , ten thousand earthen vessels furnisht with bread and salt , twenty thousand Talents of flesh , and of other necessaries belonging to Navigation , besides the Masts , Sailes , and people that man'd the Ship , twenty thousand after the former account . But the Greekes were held to bee the greatest fablers of the World , of every moale-hill , apt to make a Mountaine ; who out of an Ant would strive to beget an Elephant ; or if such vessels were possible to be made , I would gladly know to what use or service : Alas , if two of our small whelps should meete such an unweildy Bulke upon the Sea , should they but roare upon her , she must be either forc't basely to veile and yeeld , or else , notwithstanding all her muniments and defences , be forc't to founder , and perish with all her glorious Riches in the Ocean . Yet one thing I cannot here let passe , that for one Hyperbolizing Epigram composed upon this ship by the Poet Archimelus , conteyning onely nine Cuplets , Eighteene lines in all , ( according to the same Author ) Centum frumenti medimnis decoravit , King Hieron rewarded him with an hundred measures of wheat , and every Medimnum contayned six of our Bushels , &c. which after hee carryed to the Granary , and so much they then affected Poetry , that he solded it unto them at his owne price . I will now give you the Names of some of the most famous devisers of Ships : Tiphis was the first amongst the Tyrians ; Danaus brought shipping out of Aegypt into Greece , of which Erythra made the first practice in the Red Sea. Boates were made of tann'd leather , and such were first knowne in the Brittish Ocean : In Nylus they were composed of Paper , and Reeds . Iason and the Argonauts were the first that ventured to Sea in a long boate , or Galley , of which one Argus was the Architector ; ( for so saith Philostephanus ) Egesius attributeth the honour of the first ship to Parthalus ; Ctesius to Samira , Stephanus to Semiramis , Archimachus to Aegaeon , Moses to Noah : The Vessell call'd Oneraria , or of burden , Hippius Tyrius invented ; the small Barke the Cyrenen●es ; the Pinnace and Ferry-boate the Phaenicians ; the Celox the Rhodians ; the Cercurus the Cyprians . The first observation of the Starres , by which to direct their Navigation , the Phaenicians : The Capae devised the Oare , in managing of which the Plateae assisted ; Icarus the Saile , Dedalus the Mast , and crosse-yard that beareth the sayle : the Hatches the Thasians , the Beake-head Pysaeus , the Anchor the Tyrhians , Anacharsis the Grapples , Tiphis the smaller ropes assisting to the greater cordage ; and King Minos of Creete was the first that hazarded his person in any navall conflict . These were great Navigators of old , remembred by the Historians and Po●ts . Tiphis , the first famous and renowned Pilot , is celebrated by Virgil in his fourth Eglogue , by Seneca in Medea , and by Ovid in many places of 〈◊〉 P●ems . Pelorus was the Pilot of Hannibals ship , when he fled from Scipio . 〈◊〉 in Melpomene maketh mention of one Colaeus , who was a prime Navigator amongst the Samians : Phereclus was the chiefe Architector of that Navy provided for Paris to rape Hellen from Greece , in which fleete he was also chiefe commander : Amiclus was one to whom Caesar came in the time of the civill Warre , and by him was transported into Italy ; for so saith Lucan Pharsal . lib. 5. Phraates was the sonne of Onetor , and governour of that ship in which Menelaus imbarkt himselfe in that expedition made against Troy. Erasmus in his Proverbs remembreth us of one Mandro , the Pilot of a small Barke , who by the favour of Fortune , after attained to the imperiall dignity , and of a second called Acessaeus , whom he calls Ignavus Nauta . Plutarch reports from Simonides , that one Amarsiades Pereclus was the master of Theseus his ship , when he was sent to be devoured of the Minotaure , but Philocharus saith , that Nausithaeus and Pheacus were the two Rect●rs of that Vessels . The same Author in Themistocle testates , that Artomenes was the chiefe Admirall of Xerxes fleete , when he came to invade Greece , who affirm●●h also , that one Petitius was Master of that ship which carryed Pompey in his flight , after the battaile of Pharsalia . Ophel●es was a notable Pirate and Spie , remembred unto us by Sidonius . Another of the like condition I read of , whose name was Saro . Menesteus , Sergestus , Cloantus , are three Sea farers spoken of by Virgil , Aenead . Lib. 4. who tells us also of Palinurus , who was Pilot to Aeneas his ship , when he sayled into Italy . Lucan lib. 3. much commendeth one Telon Massilensis both for h●s Art in Navigation , and skill in the Stars , when he saith , Dirigit huc puppim miseri quoque dextrae Telonis , Qua nullam melius pelago turba●te ca●●nam Audivere manum , nec lux est not●or ull● Crastina , seu Phoebum vid●at , seu cornua L●nae , Semper ventur is componere Carbasa ve●●●s . The wretched Telons hand doth hither steere His Vessell , nor did any ever heare Of one more expert to divide the waves With his sharpe Keele , when most the Ocean raves . None could so well guesse at the morrows light , Saw he the Sun by day , or Moone by night . To apt his Sayles and Tables he well knew , And court the winds which way soe're they blew . The same Author speaks farther in the great commendation of one Phoceus , who was both Nauta , and Urinator , a Sayler , and an ex●ellent Diver , who would drowne himselfe for a long space together , and then suddenly appeare emergent above the waters , who thus speaketh of him : Eximius Phoceus ▪ animam servare sub undis , Scrutarique fretum , si quid mersi●● et arenis . The nimble Phoceus , who beneath The waves could keepe his winde , And what was dropt into the Sea , Vpon the Sands could finde . It was the custome also of the ancient times , to give severall names to all their ships of note , ( whom our Architectors even in these dayes imitate ) as that Galley in which all the Grecian Heroes rowed , who went in the quest of the golden Fleece ▪ to Colchos , was called the Argo : Some thinke she had her Denomination from her swiftnesse , but others are of opinion , that she received it from Argus , the Ship-carpenter : others thinke ab Argivis , because the Argive Princes mann'd her to Sea. Pristis , Chimaera , Scilla , were names of ships , according to Virgil , Aenead . lib. 5. In his 10. booke he speaketh of another call'd Tigris , of which one Massichus was Rector . Centaurus is also the name of another great ship ; for h● saith , Ingentem remis Centaurum promovet : of her one Cupavones was Pilot. Coelius from the testimony of those who were the Interpreters of Aristophanes , informeth us , that there were two great Vessels belonging to the Common-weale of Athens , the one was onely imploy'd to transfer such as were summon'd into the Courts of iudgment , and was styled Salaminia : the other solely negotiated in porting and reporting such as were sent to inquire of any thing at the Oracle of Delphos , of the Shippe named Castor and Pollux , we read in the Acts of the Apostles , &c. but I fear● I have made too long a voyage abroad , it is high time therefore that I now change my course , and steere neerer home . And here a fit occasion might bee taken , to introduce a large Catalogue of many worthy and brave Sea-men of our later times , as well forraigne as home-bred , whether they were Navarci , that is , Generals , Admirals , and Captaines : Naucleri , that is , Masters , Pilots , and owners : or Nautici , that is , Pursers , Boat-swaines , or other ordinary Navigators and Saylers , and enter into a voluminous narration , by telling how well , and worthily they have demeaned themselves to the honor of their Prince , and the profit of their Countrey , eyther in doubtfull discoveries , or more dangerous Naumachies or Sea-fights , but therein I should but deviate , and quite digresse from my purpose , which is fully intentive upon brevity , and the subiect now in agita●ion . Yet grant me so much liberty amongst infinites of our owne Nation , and natives to commemorate , and commend unto you the never-dying fames of foure great Archithalassi , ( for what lesse can I tearme them ) who wheresoever they voyaged , were Princes , and sole commanders at Sea , who flourisht in the dayes of Queene Elizabeth , a Virgin , and a Virago of a masculine spirit , and of blessed and sacred Memory . And now ( though long after their Deaths ) let me bestow on each of them a surviving Character : The first , worthy Sir Iohn Hawki●s , on whom I conferre this merited Motto , Archithalassos expugnavi : the second , valiant Sir Martin Furbisher , on whom I bestow , Hostium classes profligavi : the third , famous Sir Francis Drake , who may iustly challenge to himselfe , Orbem circum navig●vi : the fourth , Sir Charles Cavendish , who may truely write , Drachum praevium imitavi : all which for the vulgars better apprehension I thus orderly interprete : Hawkins . Over Sea-princes triumpht oft have I. Furbusher . Of Enemies whole F●eets before me ●●y . Drake . A Girdle to the world my Voyage lent . Cavend●sh . And I Drake followed wheresoe're he went. Then was a time , when in every brave Souldiers ● outh there was no discourse offered , but it either began , or ended with Pugnandum , non dormiendum : that is , Now is a time to fight , not to sleepe ; to be famous for our cou●age , not branded for our cowardise : which was almost no sooner spoken , than suddenly put in action . But I must ingeniously confesse , that for many yeeres together there hath beene a long ces●ation of Armes , neither hath iust occasion beene ministred , wherein our noble Nation might give any full expression of the hereditary valour , and virtue of their Ancestors , till of late : And now me thinks I heare all our brave Heroick spirits , as our High-Admirall , Vice-admirall , Captaines , Commanders , and o●her Nautick Officers , as being so long kept from their wished imployments , with a loud unanimous voice acclaime , and say , — Steriles transmissimus annos , — Nunc , ô nunc tempus in hostes ! Neither have I exposed those before named invincible Generals to their view , that they might Admirando desperare ; but Imitando , superare : Not by admiring them , despaire to arrive unto their height , but rather by imitating them , ●antecell them in their honour : Of which there is no doubt or diffidence to be made , considering how forward and indulgent his sacred Maiesty hath beene , and still is , not onely in the repairing , but increasing his Royall Navy above all the Princes that have preceded him . But in this last incomparable structure , hee hath made an inimitable president for all the Kings and Potentates of the Christian World , or else where : No River , no Flood , no Sea , whether Mare , Fretum , Aequor , Caeruleum , Pontus , Salum , Altum , Hadria , Pelagus , Oceanus , that could ever boast of the bearing so glorious a Vessell : which considering , and withall , his Royall Maiesty , at whose great , and almost infinite charge and expence her building is undertaken , it put into my thoughts this fortunate and auspicious presage , — Quicquid habitabile , tellus Sustinet , hujus erit , pontus quoque serviet ill● . And concerning the Ship it selfe , at my first view of her bulke onely , being yet unperfected , it compelled me to breake out suddenly into this Epigrammaticall rapture which followeth . An Epigram upon his Majesties Great Ship , lying in the Docke at Wooll-witch . WHat Artist tooke in hand this Ship to frame ? Or who can guesse from whence these tall O●●s came ? Vnlesse from the ful grown Dodonean grove , A Wildernesse sole sacred unto Jove . What Eye such brave Materials hath beheld ? Or by what Axes were these Timbers feld ? Sure Vulcan with his three Cyclopean Swaines , Have forg'd new Metalls from their active braines , Or else , that Hatchet he hath grinded new , With which he cleft Joves skull , what time out flew The arm'd Virago , Pallas , who inspires With Art , with Science , and all high desires , Shee hath ( no doubt ) raptur'd our Vndertaker This Machine to devise first , and then make her . How else could such a mighty Mole be rais'd ? To which Troyes horse , ( by Virgil so much prais'd , Whose bulke a thousand armed men contein'd ) Was but a toy , ( compar'd ) and that too feign'd . For she beares thrice his burden , hath roome , where Euceladus might rowe , and Tition steere : But no such Vessell could for them be made , Had they intent , by Sea the gods to invade . The Argoe , stellified because 't was rare , With this Ships long Boat scarcely might compare ▪ Yet sixty Greeke Heroes even in that With Oares in hand , upo● their Transtrae sate . Her Anchors , beyond weight , expanst , and wide , Able to wrestle against Winde , and Tyde : Her big-wrought Cable like that massie Chaine With which great Xerxes bound●d in the Maine 'Tweene Sestos and Abidos , to make one , Europe and Asia , by that Lyne alone . Her five bright Lanthorns luster round the Seas , Shining like five of the seven Hyades : Whose cleare eyes , should they ( by oft weeping ) fayle By these , our Sea men might finde Art to sayle . In one of which , ( which beares the greatest light ) Ten of the Guard at once may stand upright : What a co●spicuous Ray did is dart then ? What more than a Ti●anian Luster , when Our Phoebus , and bright Cinthia joyntly sphear'd In that one Orbe , together both appear'd : With whom seven other Stars had then their station , All luminous , but lower Constellation . That Lampe , the great Colosse held , who bestrid The spacious Rhodian Sea-arme , never did Cast such a beame , y●t Ships of tallest size , Past , with their ●asts erect , betweene his thighes . Her maine Mast like a Pyramis appeares , Such as the Aeg●p●ian Kings were many yeeres To their great charge erecting , whilst their pleasure To mount them hie , did quite exhaust the●r treasure . Whose brave Top top-top Royall nothing barres , By day , to brush the Sun ; by night , the Sta●res . Her M●ine-sayle , ( if I doe not much mistake ) For Amphitrite might a Kirtle make : Or in the heate of Summer be a Fanne , To coole the face of the great Ocean . Shee being angry , if she stretch her lungs , Can rayle upon her enemy , with more Tongues ( Lo●der than Ste●tors , as her spleene shall rise ) Than ever Junoes A●gus saw with eyes . I should but loose my selfe , and cra●ze my braine , Striving to give this ( glory of the Maine ) A full description ▪ though the Muses nine Should quaffe to me in rich Mendaeum Wine . Then O you Marine gods , who with amaze , On this stupendious worke , ( emergent ) gaze , Take charge of her , as being a choise Jemme , That much out-valews Neptunes Diadem . — Semper bona causa triumphat . Before I come to give you a true and exact dimension of her Bulke , burden , &c. it is necessary that I make some satisfaction to the world concerning those Decorements which beautifie and adorne her , and to r●nder a faire account of mine owne invention and fan●y concerning the carving worke , the figures , and Mottoes upon them , which some perhaps have too liberally taxed : Thus therefore to any who have formerly either doubted of their property , or are at this present desirous to understand their imagined obscurity , I thus freely deliver my s●lfe . Vpon the Beak-head sitteth royall King Edgar on horse-backe , tramp●ing upon seven Kings : now what hee was , and who they were , I shall brie●ly relate unto you , rendring withall a full satisfactory reason to any unpartiall reader , why they are there , and in that manner placed . This Edgar was the second sonne of King Edmund , who having reigned two yeeres over the Mercians and Northumbers , in the dayes of Edwin his elder Brother , at sixteene yeeres of age , was by an unanimos consent elected to succeed in all his Dominions : being indeed the first that could truely write himselfe an absolute Monarch of this Island ; for there were divers Reguli in those times , who were small Kings , and had absolute Dominion over divers Provinces . I shall not need to tell you how , or into what parts this Land was divided , let it suffice to know so much onely : That hee by his valour made himselfe sole Soveraigne , and all the rest were his Liegemen and Tributaries . The entire Monarchy , and all the royall Titles of the Kingdome , falling under his Scepter . Hee was the Thirteenth King from Brute , and though a great Souldier , as may appeare by his many battailes and victories , yet the Chronologers of those times gave him the Characters of Iust , and Peaceable ; for that is the true end of Warre , to prepare and confirme a constant and setled peace . He was first crowned at Kingstone upon Thames , by Otho Arch-bishop of Canterbury , in the yeere of our Redemption , according to Fabian , and others , 940. in the fift yeere of Lotharius King of France , and yet not admitted for absolute King till twelve yeeres after , when he was againe crowned , and annointed in the Citty of Bath by Dunstane , Arch-bishop of Canterbury , and Oswald , Arch-bishop of Yorke . The cause why his annointing was so long delay'd , ( as the most write ) was by reason the King grew much inamored of a beauteous Virgin call'd Wilfryd , who to avoyd his many temptations , put on her selfe the habite of a Nunne , who notwithstanding was at length brought to the Kings Bed , for which act he was by Bishop Dunstane enioyned seven yeeres pennance , &c. Concerning those Kings whom you may perceive to lye prostrate under his Horses hoofes , they were Kynadus King of the Scots ; Malcolme , King of Cumberland ; and of the petry Kings of Wales , Dufnall , Grifith , Huval , Iacob , Iudithil . He moreover surprised by Sea a Prince of the Romans , whose name was Maxentius , who had done many out-rage● upon the Ocean , and was the greatest Arch-pirate that those times afforded . He also compelled Ludwallus , prime Prince and King of Cambria , which is Wales , ( because he would have all the ravenous and dammageous beasts to be destroyed through his Land ) to pay unto him yearely by way of Tribute , three hundred Wolves skinnes : by reason whereof within the space of foure yeares after , in England , or Wales , both which ( but especially Wales ) who before were miserably infested with that kind of beast , there was scarcely to be found one Woolfe alive : and so much for the Princes over which he had s●le dominion . His Navy Royall consisted of three thousand and six hundred Ships , ( such as they used in those dayes ) yet not any of them but serviceable either for Fight , or bearing victuall , and munition , to furnish the Navy , which hee divided into three parts , appointing to every of them a severall Squadron : and this hee did to secure Navigators , from Enemies and Sea-Rovers , as also from all other neighbour Princes who might challenge any interest in these our foure Seas . And therefore every Spring and Summer , he in person sayled with those in the East-parts , to them that lay hovering in the West . And sending them backe againe with their charge , would with the West quadrant , saile into the North , and after with the Northerne fleete compasse into the East , by which the Maine Ocean rounding those Ilands , of which he was sole Prince and Monarch , being at his only charge , both quieted and secured , he did ( as iustly he might ) write himselfe Lord of the Foure Seas . And therefore his sacred Maiesty , claiming this unquestionable Title from Him , and being his true and undoubted Successour ; and this claime being this thousand and odd yeares not any way controversied . I do not see but this Motto , Ab Edgaro quatuor Maria vindico , may genuinly to Him be approbriated , and to Him alone . But if any man shal either maliciously or peevishly make the least scruple of this His Maiesties iust and undoubted challenge ? Let them but read Pol●dore Virgill , Guido , Ranulphus Hidgim in his Polycronicon , Guli●lmus Malmsbury , Florentius , Landulphus , Marianus , Hovedaine , Harding , Mathew Paris , Mathew of Westminster , Froysart , Fabian , Holinshed , Speed , &c. ( all of them Authentick and approved Chronologers , ) and hee shall finde that they all agree and consent in this Musicall Harmonie . And as they comply in the premisses ▪ whosoever shall truely examine them shall finde also that they differ not at all in the subsequence , which ( as in the former ) I study brevity , namely , That being at Chester , he provided him selfe of a most Princely Barge , which was to be rowed with Oares , which were silvered all over , with wh●ch hee entred into the River Dee , and sitting at the Sterne , tooke the charge of the Helme , and caused eight of the before-named Contributary Kings to rowe him up and downe the River , unto the Chu●ch of Saint Iohns , from , and unto h●s Pallace distant three miles , to let the World know that Hee was Lord and King●f ●f so many provinces . For his Religion ; he favoured Church-men above all the Princes before him , and gave to them great immunities and priviledges ; building and reparing no les●e than threescore decayed Churches , and Monasteries , within the compasse of sixteene yeeres ; ( for hee reigned not longer ) For his Iustice ; he used such rigor , yet intermixed with mercy , that never before his dayes was used les●e oppression and robbery . For his Temperance ; hee was of such contiuency , that when the Danes , who were then frequent in the Land , had brought in drunken healths , to ●he evill example and hurt of his Commons and Subiects , he made a Law , and or dayned certaine Cups of severall sizes , with pinnes and nayles driven into them , and whosoever drank past that marke or pin , was to forfeit a certaine peece of money , whereof one halfe fell to the Accuser , and the other halfe to the Bayliffe , or governour of that Burrough , to distribute to the use of the poore , but nothing to his owne private use or benefit . Concerning his particular valour , it is further thus reported of him : One of those subiected Kings , whom the History calleth Kinadus , a very personable and proper Gentleman , and of a strong and able constitution , rowing upon the River , when King Edgar himselfe , ( being but of a low stature , and as wee phrase it a middle-siz'd man ) steered the Barge , whispered to him who sate next , him , and sayd , Observe you not the insolence and pride of this Dwarfe , whom Fortune , not Valour hath raised to this Eminence ? I vow , if I had him singly , and alone in the field , I would cut him into peeces , and eate him after . This being told the King , he seemed to take no further notice thereof , than to say , That losers had liberty to speake freely ; and no question but hee was able to performe as much as he had boasted : neither did hee once change his countenance upon him who had thus threatned him , but calling one of his owne servants unto him whom he most trusted , commanded him to provide two swords of equall size and fashion , suitable to his strength , and such as hee was well able to weild : which done , he layd them aside , and the next day he invited Kinadus to a Feast , and gave him more than ordinary welcome . Much familiar discourse past betwixt them , and more than custome . Dinner being ended , the King desired him to walke abroad , and take the ayre ; to which the other willingly assented , neither of them having more than one servant to attend them : All the way they enterchanged pleasant discourse , till at length comming to a Grove , King Edgar commanded those who then waited upon them , to retire , and leave them . When entring the Thicket , and finding a convenient place fit for a single Duell , Edgar drew from under his garment those two Swords , and desired Kinadus to take the choice of them , saying unto him , Wee are now single , and alone ; now proove thy courage with mine , and let us try which of us is most worthy to be subiect to the other : It becommeth not any generous spirit to boast that in private , which hee will not make good in the Field : Here I am according to thy wishes , first cut me into peeces if thou canst , and then I will give thee leave to eate me at thy pleasure . Which having spoken , hee distanc'd himselfe from him , and bravely stood upon his guard ; which the other perceiving , and knowing that hee was guilty of that language , withall , seeing the very fire of Anger sparkling in his eyes , he also out of an enterchangeable brave humour began to meditate , and consider with himselfe , both how unadvisedly he had spoken , and how contrary to the condition of so great and heroick a spirit : therefore casting his sword away , he desired to imbrace him , and sayd , Now I perceive O Royall King Edgar , it is thy true valour , and not thy fo●tu●e hath made us thy Tributaries , and thou art not onely worthy to Empire over us onely , but all the Kings of the Earth . I will alwayes weare a Sword to draw on thy party ; but against thee , or those who love thee , never . Which unexpected Answer King Edgar so accepted , that betweene them two there was an indissoluble League of Love confi●med after . My purpose is not to enter into a large discourse of his noble Acts and Atcheivements ; what I have done , is onely to give the World a true and authentick expression , that whatsoever his sacred Maiesty challengeth concerning his absolute dominion over the foure Seas , hee iustly , and with an unquestionable Title claimeth from this King Edgar , being his true and lawfull hereditary Successor : but if any be desirous to be more fully informed concerning his Maiesties Title , I referre him to learned Mr. Seldon , in that exquisite and absolute worke of his called Mare Clausum , &c. I have met with an Epitaph writ upon this King Edgars Tombe , By one Henricus Historiographus in old English , which I thus deliver unto you . Ayder of the poore , and punisher of trespasse ; The giver of worship , King Edgar is now gone To the kingdom of Heave● , which like to pra●se was As Salomon , that for wisdom above all shone : A father of peace , a Lyon to his Fone . Founder of Temples , and of Monks strong Patron ; Oppressor of all wrong , and of Justice Guardon . I began at the Beak-head , where I desire you to take notice , that upon the stemme-head there is Cupid , or a Child resembling him , bestriding , and bridling a Lyon , which importeth , that sufferance may curbe Insolence , and Innocence restraine violence ; which alludeth to the great mercy of the King , whose Type is a proper Embleme of that great Maiesty , whose Mercy is above all his Workes . On the Bulk-head right forward , stand six severall Statues in sundry postures , their Figures representing Consilium , that is , Counsell : Cura , that is , Care : Conamen , that is , Industry , and unanimous indeavour in one compartment : Counsell holding in her hand a closed or folded Scrole ; Care a Sea-compasse ; Conamen , or Industry , a Lint-stock fired . Vpon the other , to correspond with the former , Vis , which implyeth force , or strength ; handing a Sword. Virtus , or Vertue , a sphearicall Globe : and Victoria , or Victory , a wreath of Lawrell . The Morall is , that in all high Enterprizes there ought to be first Counsell , to undertake ; then Care , to manage ; and Industry , to performe : and in the next place , where there is ability and strength to oppose , and Vertue to direct , Victory consequently is alwayes at hand ready to crowne the undertaking . Upon the Hances of the waste are foure Figures with their severall properties : Iupiter riding upon his Eagle , with his Trisulk ( from which hee darteth Thunder ) in his hand : Mars with his Sword and Target , a Foxe being his Embleme : Neptune with his Sea-horse , Dolphin , and Trident : and lastly Aeolus upon a Camelion , ( a beast that liveth onely by the Ayre ) with the foure Windes , his Ministers or Agents , the Fast , call'd Eurus , Subsolanus , and Apeliotes : the North-winde , Septemtrio , Aquilo , or Boreas : the West , Zephyrus , Favonius , Lybs , and Africus : the South , Auster , or Notus . I come now to the Stearne , where you may pe●ceive upon the upright of the upper Counter , sta●deth Victory in the middle of a Frontispiece , with this generall Motto , Validis incumbite remis : It is so plaine , that I shall not need to give it any English interpretation : Her wings are equally display'd ; on one Arme she weareth a Crowne , on the other a Laurell , which imply Riches and Honour : in her two hands she holdeth two Mottoes ; her right hand , which pointeth to Iason , beares this Inscription , Nava , ( which word howsoever by some , and those not the least opinionated of themselves , mistaken ) was absolutely extermi●'d , and excommunicated from all Grammaticall Construction , nay , Iurisdiction ; for they would not allow it to be Verbe , or Adverbe , Substantive , nor Adiective : and for this I have not onely behind my back bin challenged , but even Viva voce taxed , as one that had writ at randum , and that which I understood not . But to give the world a plenary satisfaction , and that it was rath●r their Criticisme , then my ignorance , I intreate thee Reader , but to examine Riders last Edition of his Dictionary , corrected , and greatly augmented by Mr. Francis Holy-oke , and he shall there read Navo , navas , ( and therefore consequently nave in the Imperative Mood ) ex navus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , to imploy with all ones power , to act , to ayde , to helpe , to indeavour with all diligence and industry ; and therefore not unproperly may Victory point to Iason , being figured with his Oare in his hand , as being the prime Argonaut , and say Nava , or more plainely , Operam nava ; for in those Emblematicall Mottoes quod subintelligitur , non deest . Shee pointeth to Hercules on the sinister side , with his club in his hand , with this Mottto , Clava ; as if she should say , O Hercules , be thou as valiant with thy Club upon the Land , as Iason is industrious with his Oare upon the Water . Hercules againe pointing to Aeolus , the god of Windes , saith Flato ; who answereth him againe , Flo : Iason pointing to Neptune , the god of the Seas , ( riding upon a Sea-horse ) saith Faveto ; to whom Neptune answereth , No : These words Flo , and No , were also much excepted at , as if there had beene no such Latine words , till some better examining their Grammar Rules found out Flo , flas , flavi , proper to Aeolus , and No , nas , navi , to Neptune , &c. In the lower Counter of the Sterne , on either side of the Helme is this Inscription , Qui mare , qui fluctus , vent●s , navesque gubernat , Sospitet hanc Arc●● Carole magne tuam . Thus English● : He who Seas ; Windes , and Navies doth protect , Great Charles , thy great Ship in her course direct . There are other things in th●● Vessell worthy remarke , at least , if not admiration ; namely , that one Tree , or Oake made foure of the principall beames of this great●Ship , which was Forty foure foote of strong and serviceable Timber in length , three foote Diameter at the top , and Ten foot Diameter at the stubbe or bottome . Another , ( as worthy of especiall Observation is ) that one peece of Timber which made the Kel-son , was so great , and weighty , that 28. Oxen , and 4. Horses with much difficulty drew it from the place where it grew , and from wh●nce it was cut downe , unto the water-side . There is one thing above all these , for the World to take especiall notice of , that shee is , besides her Tunnage , iust so many Tuns in burden , as their have beene Yeeres since our Blessed Saviours Incarnation , namely , 1637. and not one under , or over : A most happy Omen , which though it was not at the first proiected , or intended , is now by true computation found so to happen . It would bee too tedious to insist upon every Ornament belonging to this incomparable Vessel , yet thus much concerning Her outward appearance , She hath two Galleries of a side , and all of most curious carved Worke , and all the sides of the ship are carved also with Trophies of Artillery and Types of honour , aswell belonging to Land as Sea , with Symboles , Emblemes , and Impresses appertaining to the Art of Navigation : as also their two sacred Majesties Badges of Honour , Armes , Eschutchions , &c. with severall Angels holding their Letters in Compartements : all which workes are gilded quite over , and no other colour but gold and blacke to bee seene about her , and thus much in a succinct way . I have delivered unto you concerning her inward and outward Decorements . I come now to Discribe her in her exact Dimension . Her Length by the Keels , is 128 foot or there about , within some few inches . Her mayne breadth or widenesse from side to side 48. foote . Her utmost ▪ length from the ●ore-end of the Beake-head ▪ unto the after end of the Sterne , a prora ad puppim ▪ 232. foote , she is in height from the bottome of her Keele to the top of her Lant-horne seaventy sixe foote , she beareth five Lant-hornes , the biggest of which will hold ten persons to stand upright , and without shouldring or pressing one the other . She●ath ●ath three flush Deckes , and a Fore-Castle , an halfe Decke , a quarter Decke , and a round-house . Her lower Tyre hath thirty ports , which are to be furnished with Demy-Cannon and whole Cannon through out , ( being able to beare them . Her middle Tyre hath also thirty ports for Demi-Culverin , and whole Culverin : Her third Tyre hath Twentie sixe Ports for other Ordnance , ●er fore-Castle hath twelve ports , and her halfe Decke hath foureteene ports ; She hath thirteene or foureteen ports more within Board for murdering peeces , besides a great many Loope-holes out of the Cabins for Musket●shot . She carrieth moreover ten peeces of chase Ordnance in her , right forward ; and ten right aff , that is according to Land-service in the front and the reare . She carrieth eleaven Anchors , one of them weighing foure thousand foure hundred , &c. and according to these are her Cables , Mastes , Sayles , Cordage ; which considered together , seeing his Maj●sty is at this infinite charge , both for the honour of this Nation , and the security of his Kingdome , it should bee a great spur and incouragement to all his faithful and loving Subjects to bee liberall and willing Contributaries towards the Ship-money . I come now to give you a particular Denomination of the prime Worke-men imployed in this inimitable Fabricke ; as first Captayne Phines Pett , Over-seer of the Worke , and one of the principal Officers of his M●j●sties Navy ; whose Ancestors , as Father , Grand-father , and Great-Grand-father , for the space of two hundred yeares and upwa●ds , have continued in the same Name , Officers and Architectures in the Royall Navy ; of whose knowledge , experience , and iudgement , I can not render a merite● Character . The Maister Builder is young M. Peter Pett , the most ingenious sonne of so much improoved a Father , who before he was full five and twenty yeares of age , made the Model , and since hath perfected the worke , which hath won not only the approbation but admiration of all men , of whom I may truely say , as Horace did of Argus , that famous Ship-Master , ( Who built the great Argo in which the Greci●● Princesse Rowed through the Hellespont to fetch the golden Fleece from Colch●s . — Ad Charum I ritonia Devolat Argum , Moliri hanc puppim iubet — that is , Pallas●er ●er selfe flew into his boso●e , and not only i●joyn'd him to the u●dertaking , but inspired him in the ma●aging of so exquisite and absolute an Architecture . Let me not here forget a prime Officer Master Francis Shelton , Clerke of the Checke , whose industry and care , in looking to the Workmen imployd in this Structure , hath beene a great furtherance to expedite the businesse . The Master Carvers , are Iohn and Mathias Christmas , the Sonnes of that excellent Workeman Master Gerard Christmas , some two yeeres since deceased , who , as they succeed him in his place , so they have striv'd to exceed him in his Art : the Worke better commending them than my Pen is any way able , which putteth me in minde of Martiall , looking upon a Cup most curiously Carved . Quis l●bor in phial● ? Docti Mios ? I●ne Mironis ▪ Mentoris an manus est ? an Polyclet● tua ? What Labour 's in this curious Bowle ? Was 't thine ô Myus tell ? Myrons ? Mentors ? or Polyclets ? He that can carve so well . And I make no question , but all true Artists can by the view of the Worke , give a present nomination of the Workmen . The Master-Painters , Master Ioyner , Master Calker , Master Smith , &c. all of them in their severall faculties being knowne to bee the prime Workmen of the Kingdome , selectedly imployd in this Service . Navis vade , undae fremitum posuere minaces , Et Freta Tindaridae spondent secura gemelli , Dessuetamque iubent pelago decurrere Puppim , Auster & optatas afflabit molliter auras . FINIS . Notes, typically marginal, from the original text Notes for div A03251-e2000 On Satturday , being Iune 17. last . Mendaeum mingun● 〈◊〉 regna tenentes M●llibus in ●lratis , &c. H●rmippus , Poeta Craecus . cōsule 〈◊〉 lib. de Dypnosop . pag. 50. King Edgars Navy . Maxentius made the eighth , who was ●fter Emperor of Rome . His Religion His Iustice. His Temper●nce . His Valour . A32379 ---- By the King, a proclamation concerning passes for ships England and Wales. Sovereign (1660-1685 : Charles II) 1676 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A32379 Wing C3256 ESTC R39164 18240849 ocm 18240849 107232 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 0 1.0 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 1, no. A32379) Transcribed from: (Early English Books Online ; image set 107232) Images scanned from microfilm: (Early English books, 1641-1700 ; 1629:74) By the King, a proclamation concerning passes for ships England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. England and Wales. Privy Council. 1 broadside. Printed by the assigns of John Bill and Christopher Barker ..., London : 1676. "Given at our court at Newmarket the first day of April 1676, in the eight and twentieth year of our reign." Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 available in EEBO. 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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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Ship's papers. Merchant marine -- England. Great Britain -- History -- Charles II, 1660-1685. 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion C R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms By the King. A PROCLAMATION CONCERNING Passes for Ships . CHARLES R. HIs Majesty ( with the Advice of His Privy Council ) doth by this His Royal Proclamation publish and declare , That all Passes for Ships Entred out for the East or West Indies , or the parts of Africa beyond Cape Verde , which were granted before the date hereof , shall determine upon their return , and being unladen in some Port of England or Wales , or at the Town of Berwick upon Tweed ; And that all Passes by vertue of any other Treaties then those of Algiers , Tunis and Tripoly , for Ships Entred for the Mediterranean Sea , or Trading there , granted before the 25 th of March 1675. shall determine at Michaelmas 1676. And that all such Passes for such Ships , granted after the 25 th of March 1675. and before the date of this Our Royal Proclamation , shall determine on the 25 th day of March 1677. And that if any of the said Ships shall be in any Port of this Kingdom , or in any Member or Creek thereof , at the time of the publishing of this Our Royal Proclamation , their Passes shall be then void ; And if any of the said Ships shall happen to come into any Port of England , after the publishing of this Our Royal Proclamation , and before the expiring of the said Periods , and unlade , their Passes shall thereupon determine ; And also that all Passes granted to Ships Entred to any other part of the World , or Coastwise , such Passes shall determine on the 29 th day of September 1676. And hereof all persons concerned are to take notice at their perils . Given at Our Court at Newmarket the First day of April 1676. In the Eight and twentieth year of Our Reign . God save the King. LONDON , Printed by the Assigns of John Bill and Christopher Barker , Printers to the Kings most Excellent Majesty . 1676. A08939 ---- The case of shipmony briefly discoursed, according to the grounds of law, policie, and conscience and most humbly presented to the censure and correction of the High Court of Parliament, Nov. 3. 1640. Parker, Henry, 1604-1652. This text is an enriched version of the TCP digital transcription A08939 of text S114002 in the English Short Title Catalog (STC 19216). 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. 64 KB of XML-encoded text transcribed from 26 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A08939 STC 19216 ESTC S114002 99849230 99849230 14368 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 0 1.0 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 1, no. A08939) Transcribed from: (Early English Books Online ; image set 14368) Images scanned from microfilm: (Early English books, 1475-1640 ; 1283:18) The case of shipmony briefly discoursed, according to the grounds of law, policie, and conscience and most humbly presented to the censure and correction of the High Court of Parliament, Nov. 3. 1640. Parker, Henry, 1604-1652. [2], 49, [1] p. Printed [by Elizabeth Purslowe], [London] : ann. Dom. 1640. By Henry Parker. Printer's name from STC. Another edition (STC 19216.5) has 30 p.; another edition (STC 19215) has "policy" in title. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. eng Ship-money -- Early works to 1800. A08939 S114002 (STC 19216). civilwar no The case of shipmony briefly discoursed, according to the grounds of law, policie, and conscience and most humbly presented to the censure a Parker, Henry 1640 12047 103 0 0 0 0 0 85 D The rate of 85 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2003-04 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2005-03 Jonathan Blaney Sampled and proofread 2005-03 Jonathan Blaney Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion The Case of SHIPMONY Briefly Discoursed , ACCORDING TO THE Grounds of Law , Policie , and Conscience . AND MOST HVMBLY presented to the Censure and Correction of the High Court of PARLIAMENT , Nov. 3. 1640. Printed Ann. Dom. 1640. THE Case of SHIP-MONEY Briefly discoursed , GREAT ● Fires happening in Townes or Cities , are sometimes the cause that other contiguous houses are spoyld and demolisht , besides those which the flame it selfe ceazes : So now , in the case of Shipmony , not onely the judgement it selfe which hath beene given against the subject , doth make a great g●p and breach in the rights and Franchises of England , but the arguments and pleadings also , which conduced to that judgement , have extended the mischiefe further , and scarce left anything unviolated . Such strange contradiction there hath beene amongst the pleaders , and dissent amongst the Judges , even in those Lawes which are most fundamentall , that we are lef● in a more confused uncertainty of our highest priviledges , and those customes which are most essentiall to Freedome then we were before . To introduce the legality of the Ship-scot , such a Prerogative hath been maintained , as destroyes all other Law , and is incompatible with popular liberty : and such art hath beene used to deny , traverse , avoid , or frustrate the true force or meaning of all our Lawes and Charters , that if wee grant Ship-money upon these grounds , with Ship-money we grant all besides . To remove therefore this uncertainty , which is the mother of all injustice , confusion , and publike dissention , it is most requisite that this grand Councell and Tres●ault Court ( of which none ought to thinke dishonourably ) would take these Ard●a Regni , these weighty and dangerous difficulties , into serious debate , an solemnly end that strife , which no other place of Judicature can so effectually extinguish . That the King ought to have aid of his subjects in time of danger , and common aid in case of common danger , is laid down for a ground , and agreed upon by all sides , But about this aid there remain●s much variety and contrariety of opinion amongst the greatest Sages of our Law ; and the principall points therein controverted are these foure : First , by what Law the King may compell aid . Secondly , when it is to bee levied . Thirdly , how it is to be levied . Fourthly , what kinde of aid it must be . 1 Some of the Judges argue from the Law of Nature , that since the King is head , and ●ound to protect , therefore he must have wherewithall to protect : but this proves only that which no man denies . The next Law insisted upon is Prerogative ; but it is not punctually explained what Prerogative , whether the Prerogative naturall of all Kings , or the Prerogative legall of the Kings of England . Some of the Judges urge , that by Law there is naturall allegeance due to the King from the subject ; and it doth not stand with that allygeance that the Princes cannot compell aid , but must require the common consent therein . Others presse , that the Law hath ●etled a property of goods in the subject , and it doth not stand with that property , that the King may demand them without consent . Some take it for granted , that by Royall Prerogative , as it is part of the Lawes of England , the King may charge the Nation without publike consent , and therefore it being part of the Law , it is no invasion upon Law . Others take it for granted , that to levie money without consent is unjust , and that the Kings prerogative cannot extend to any unjust thing : So many contrary points of warre doe our Trumpets sound at once , and in such confusion doe our Judges leave us , whilest either side takes that for granted , which by the other is utterly denied . By these grounds Royall prerogative , and popular liberty may seeme things irreconciliable ; though indeed they are not ; neither doth either side in words affirme so much , though their proofes bee so contradictory . King Charles his maxime is , that the peoples liberty strenghteus the Kings prerogative , and the Kings prerogative is to maintain the peoples liberty ; and by this it seemes that both are compatible , and that prerogative is the more subordinate of the two . The Kings words also since have beene upon another occasion , That he ever intended his people should enjoy property of good● , and liberty of persons , holding no King so great , as he that was King of a rich and free people : and if they had not property of goods , and liberty of persons , they could bee neither rich nor free . Here we see , that the liberty of the subject is a thing which makes a King great ; and that the Kings prerogative hath only for its ends to maintaine the peoples liberty . Wherefore it is manifest , that in nature there is more favour due to the liberty of the subject , then to the Prerogative of the King , since the one is ordained onely for the preservation of the other ; and then to salve these knots , our dispute must be , what prerogative the peoples good and profit will beare , not what liberty the Kings absolutenesse or prorogative may admit● and in this dispute it is more just that we appeale to written Lawes , than to the breasts of Kings themselves . For we know Nationall Lawes are made by consent of Prince and people both , and so cannot bee conceived to be prejudiciall to either side ; but where the meere will of the Prince is Law , or where some few Ministers of his may alleage what they will for Law in his behalfe , no mediocrity or justice is to be expected : we all know that no slave or villaine can be subjected to more miserable bondage than to be left meerly to his Lords absolute discretion ▪ and we all see that the thraldome of such is most grievous , which have no bounds set to their Lord discretion . Let us then see what Fortescue writes , not regard what Court-dependants doe interpret , and his words are , ●ol . 84. cap. 36. Rex Angliae nec per se , nec per suos Ministros Tollagia subsidia , aut quaevis onera alia impo●it l●gis suis , aut leges corum 〈◊〉 , aut nova condit sine concessione vel asse●su totius regni sui in Parliamento suo expresso . These words are full and generall , and plain , and in direct affirmance of the ancient Law and usage of England , and it is not sufficient for the Kings Counsell to say , that these words extend not to Ship-money : for if there were any doubt , the interpretation ought rather to favour liberty than Prerogative . It is not sufficient for Judge Iones to say , that it is proprium quarto modo to a King , and an inseparable naturall Prerogative of the Crowne to raise monies without assent , unlesse he first prove that such Prerogative be good and profitable for the people , and such as the people cannot subsist at all without it : nay , such as no Nation can subsist without it . This word Prerogative hath divers acceptions : sometimes it is taken for the altitude of Honour , sometimes for the latitude of Power . So we say the Prerogative of an Emperour is greater than that of a King ; and that of a King greater than that of a Duke , or petty Poten●ate : and yet of Kings we say that the King of Denmark hath not so great a Prerogative as the King of England , nor the King of England as the King of France , &c. For here though their honour and title be the same , yet their power is not . Sometimes Prerogative signifies as much as Soveraignty ; and in this generall consideration wee say , that all supreame Commanders are equall : and that they all have this essential inseparable Prerogative , that their power ought to be ample enough for their perfection , and good of the people , and no ampler : because the supreame of all humane Lawes is salus populi . so this Law all Lawes almost stoope ; God dispences with many of his Lawes , rather than salus populi shall bee endangered ; and that iron-law , which we call necessity itselfe , is but subservient to this Law : for rather then a Nation shall perish , any thing shall be held necessary , and legall by necessity : But to come to the Prerogative of England , and to spe●ke of it in generall , and comparatively ; we say it is a harmonious composure of policie , scarce to be paralleld in all the world , it is neither so boundlesse as to opresse the people in unjust things , nor so strait as to disable the King in just things ; by the true fundamental constitutions of England , the beame hangs even between the King and the Subject : the Kings power doth not tread ●nder foot the peoples liberty , nor the peoples liberty the Kings power . All other Countries almost in Christendome , differ from us in this module of policie : some , but very few , allow a greater spheare of Soveraignty to their Princes ; but for the most part now adayes the world is given to republistes , or to conditionate and restrained forms of government : howsoever we ought not to condemne any Nation as unjust herein , though differing from us ; for though they seem perhaps very unpolitick , yet it is hard to be affirmed that God and Nature ever ordained the same method of rule , or scope of loyality to all States whatsoever : besides , what dislike soever we take at other regiments , yet except it be in very great excesses or defects , we must not thinke change alwayes necessary , since custome in those great and generall points obtains the force of another nature , & nature is not to be changed . Divines of late have beene much to blame here in preaching one universall forme of government , as necessary to all Nations , and that not the moderate & equall neither , but such as ascribes all to Soveraignty , nothing at all to popular liberty : Some Lawyers also and Statesmen have deserved as ill of late , partly by suggesting that our English Laws are too in●urious to our King ; and pa●●ly by informing , that this King is more limited by Law then his Progenitors were , and that till he be as the King of France is , Rex As●●orum , he is but a subject to his subjects , and as a Minor under the command of guardians : bnt what hath ensued out of the Kings jealously of his subject , and overstraining his Prerogative ? nothing but irrepairable losse and mischiefe both to King and Commonwealth : and indeed the often and great infections and insurrections which have hapned of late , almost all over Europe , may suffice to warn all wise Princes , not to over-straine their Prerogatives too high ; not to g●ve eare to such Counsellors as some of out Judges are , who affirme our Kings Prerogative to be in all points unalterable , and by consequence not depending upon Law at all : by another exception of this word Prerogative in England , we mean such Law here establisht , as gives the King such and such preheminences and priviledges before any subject ; such as are not essentiall to royalty , but may bee annulled by the same power by which they were created . That a King shall defend and maintaine his subjectes , is a duty belonging to the Office , not a priviledge belonging to the Crowne of a King ; this obligation nature layes upon him , and no other power can dissolve it . Also that subjects shall afford aid , and joyne with their Princes in common defence , is a duty arising from the allegeance of the people , and not an honor redounding only to the Prince ; natures law hath made this a tie , not to be changed or infringed : for that which is annexed by an eternall superiour power cannot be made severable by a temporall humane power : but that such an Emperour , King or Potentate , shall have such or such aid , and compell it by such or such meanes , at such or such times , as to the particular modes and circumstances of his aid , particular municipall Lawes must direct , and these it would bee as dangerous to alter , as it is absurd to hold unalterable . In a Parlament held by King James , it was debated , whether or no Tenures in Capite , and allowance of Purveyor● might bee repealed and divided from the Crowne , and it was held that by ●o Act or statute they could bee taken away , because they were naturally inherent to the Crowne . This resolution seemes very strange to me , since the Law of Tenures and Purveyors is not so naturall and essentiall to Monarchy , that it cannot ; or may not subsist without it . For if in other Countries it be held a meere politicall way , perhaps an inconvenient thing , then why may not the Princes Royalty , and the peoples safety 〈◊〉 preserved intire without it in England : And if so , then why shall not the same authority have vigor to rep●ale it , which wanted not vigor to info●● it . I cannot conceive that the Parliament herein reflected upon what was formall in Law to be done , but rather upon what was convenient : such i●signia supremae , Majejestatis as these ; I did not hold it fit to be dismembred from the Crowne in policy , I onely hold it a thing possible in law , nay though the King enjoyes diverse such like prerogatives more , as I. Jones thinkes , then any Prince in Christendome , yet should not I desire or advise to pl●●●ke away one the least Flower out of the Regall Garland , nor would it be ( perhaps ) Profitable for the State , to suffer the least diminution thereof . Wee know also , that in England the Prerogative hath beene bound in many cases , by Statute-law , and restrained of diverse such priviledges , as were not essentiall , but meerely politicall . Nullum tempus occurrit Regi : this was one of the English Royalties , and very beneficiall many wayes , yet wee know this is in diverse cases limited by Act of Parliament , and that very justly , as I. Hutton argues , The great and ancient Tax of Dangelt , it was a Subsidue taken by the Kings of England ▪ for the common defence of the Kingdo●e , yet this was first released by King Stephen , and after abolished for ever by the statutes of Edward the first : and there is no reason why an Act of Parliament should not bee as valid in our case as it was in that . Wherefore it is to be admired , that J. Iones should account this way of a●d by ship-money , or any other , without publike consent , to bee Proprium quarto modo to the Kings of England ▪ and since irrepe●lable , since our Kings have in all ages done such noble acts without it ; and not onely defended , but also enlarged their Dominions . The last kinde of accept●●on of this word Prerogative is improper . Thus to pardon malefactors , to dispence with penall Lawes , to grant Non obstantes , to be free from attainders , to call or discontinue , to prorogue or dissolve Parliaments , &c. are not truly and properly called Prerogatives : these all in some sense may be called Munities , or indemnities belonging to the sacred person of the King , as he is inviolable , and subject to no force & compulsion of any other , And as he is the soule of Law , in whose power alone it is to execute Law , and yet not to be constrained thereto . To grant a pardon for some malefactors for some crimes , may perhaps be as heynous as to commit them ; and that which drawes a guilt upon the King , cannot be said to be his priviledge . If it might be tearmed a Royalty , that the King is not questionable , or punishable , or to be forced to such acts as tend to the obstruction of justice , it might as well be so tearmed in acts tending to the transgression of Law : for in both he is alike free from any coercive or vindicative force . For it is out of necessity , not honour or benefit , that the King hath a freedome from constraint , or restraint in these cases ; and that this freedome is inseparable , because no force can be used but by superiours or equals , and he which hath either superiours or equall , is no King . If a King should shut up the Courts of ordinary Justice , & prohibit all pleadings and proceedings betweene man and man , and refuse to authorize Judges for the determining of suits , hee would bee held to doe a most unkingly thing : and yet this may be as truly called a Prerogative , as to difuse and dissolve Parliaments . But it may be objected , that the King , besides such negative priviledge and freedome from force , hath also a positive and siezing subjects lands , &c. in divers cases , as in making Bulwarks upon any mans land for common defence , &c. To this it may be answered , That to such power the King is not intituled by his Prerogative , nor is it any benefit to him , necessity herein is his only warrant : for either this private inconvenience must happen , or a publike ruine follow ; and in nature the lesse and private evill is to be chosen : and here the party trespassed enjoyes safety by it , and shall after receive satisfaction for his detriment . Were there such apparent unavoidable necessity in the Ship-scop , that either that course must be taken , or the community inevitably pep●rish , or where the King wholly disinteressed in point of profit , or were there hope of restitution , it could not be without consent , and so not against Law . So then , for ought that is yet alleaged , Prerogative , except that which is essentiall to all Kings , without which they cannot bee Kings , is alterable , and it ought to be deducsed out of the written and knowne Lawes of the Kingdome , and Law is not to be inferred out of that ▪ we ought not to presume a Prerogative , & thence conclude it a Law , but we ought not to cite the Law , and thence prove it to be Prerogative . To descend then to our owne Lawes , yet there our Judges vary too . What the Common Law was in this point is doubted by some ▪ and some say if the Common Law did allow the King such a Prerogative , to lay a generall charge without consent , then Statutes cannot alter it . Some doe not accept against the force of Statute Law , but avoid our particular Statutes by divers severall evasive answers . Some say our Great Charter was but a grant of the King , extorted by force ; some except against the 25. of Ed. 1. because there is sal●o in it : some against the 34. of Ed. ● . as made in the Kings absence ; some object against the 14. of Ed. 3. as if it were temporary , and because it is not particularly re●ited in the Petition of Right : and the common evasion of all beneficiall Statutes , & of the Petition of right , is , that they binde the King from imposing pecuniary charges for the replenishing of his owne coffers , but not from imposing such personall services , as this Ship-scot is , in time of danger and necessity . J. Crawly maintaines this Ship-scot to be good by Prerogative at the Common Law , and not to be altered by Statute . What the Common Law was , this Court can best determine ; but it is obvious to all men , that no Prerogative can be at the Common Law , but it had some beginning , and that must be from either King or Subject , or both : and in this , it is not superiour to our Statute Law , and by consequence not unalterable . The Medes and Persians had a Law , that no Law once past , should ever be repealed ; but doubtlesse this Law being repealed first , all others might after suffer the same alteration , and it is most absurd to think that this Law might not be repealed by the same authority by which it was at first enacted . J. Iones sayes , our Statutes restraine tollages in generall termes , and cites divers cases , that a speciall interest shall not passe from the King , but in speciall terms : but his cases are put of private grantees , over whom the King ought to retai●e a great preheminence : but the Law is , that where the whole state in grantee , that grant shall have the force of a Statute , because it is pro bono publico , and because the whole State is in value and dignity as much to be preferred before the King , as the King is before any private grantee . But J. Iones sayes further , if generall words shall extend to these extraordinary publike levies , then they may as well extend to his ordinary private rights & intradoes , & so cut off Aide pur faire filz Chivalier , &c. The contrary hereof is manifest , for the intent of all our Statutes is to defend the subject against such publike tollages and impositions , as every man is equally liable to , and as are not due in Law otherwise , or recoverable by ordinary action . Now these aids , &c. and the Kings ordinary revenues and services , are not such as are due from every man , but recoverable by ordinary action . Howsoever in all these doubts the Law would now be made cleare , and not onely the vertue of Statutes in generall , but also the true meaning of our particular Charters would be vindicated from these exceptions . 2 I come now to our second difficulty , when a publike charge may be laid . Here the favourers of Ship-money yet agree , that the King may not charge the subject meerly to fill his owne coffers ; or annually , or when he will invade a forraigne enemy , or when Pirates rob , or burn Townes and Burroughs , for these ordinary defence is sufficient : and when there is imminent and eminent danger of publike invasion , we agree that the subject may be charged . The quaere then is , whether the King bee sole Judge of the danger , and of the remedy , or rather whether he be so sole Judge , that his meere affirmation and notification of a danger foreseene by him at a distance , or pretended onely to be foreseene , shall be so unquestionable that he may charge the Kingdome thereupon at his discretion , though they assent not , nor apprehend the danger as it is forewarned . J. Crooke proves the contrary thus : If danger , sayes he , be far distant , if it be in report only of French Armadoes , and Spanish preparations , &c. though it be certaine , and not pretensive , yet Parliamentary aid may be speedy enough : and if it be imminent , then this way of Ship-scot will not be speedy enough ; for either the design● is really to have new Ships built , and that will require longer time than a Parliament ; or else money onely is aimed at , whereby to arme other Ships , and for this the Law hath provided a more expedite way than by Ship-scot , in case of imminent danger . If then the King have power to presse all mens persons and Ships , and all are bound exponere se , & sua , and to serve propriis sumpti●us , when imminent danger is , and this defence hath alwayes beene held effectuall enough , it is consequent , that if he be not destitute of competent aid in present distresses , he cannot pretend a greater necessity in dangers more remote , when they are but suspected , or perhaps pretended onely . My Lord Bramston sayes here , that there is a necessity of preventing a necessity : and that the Sea is part of the Kingdome , and therefore of necessity to be guarded as the Kingdome . The answer is , That the safety of the Kingdome does not necessarily depend upon the Ship-scot , and so this necessity being removed , the necessity grounded upon this , fals off of it selfe . For if the Kingdome may escape ruine at hand when it is a storme , without Ship-money , it may much more escape it afar off being but a cloud . But grant the Sea to be a part of the Kingdome to some purposes , yet how is it a part essentiall , or equally valuable ; or how does it appeare that the fate of the Land depends wholly upon the dominion of the Sea ? France subsists now without the regiment of the Sea , and why may not we as well want the same ? If England quite spend it selfe , and poure out all its treasure to preserve the Seigniory of the Seas , it is not certaine to exceed the Navall force of France , Spaine , Holland , &c. And if it content if selfe with its ancient strength of shipping , it may remaine as safe as it hath formerly done . Nay , I cannot see that either necessity of ruine , or necessity of dishonour can be truly pretended out of this , that France , Spaine , Holland , &c. are too potent at Sea for us . The dominion of the Seas may be considered as a meer right , or as an honour , or as a profit to us . As a right , it is a theame fitter for schollers to whet their wits upon , then for Christians to fight and spill bloud about : and since it doth not manifestly appeare how or when it was first purchased , or by what Law conveyed to us , we take notice of it only as matter of wit and disputation . As it is an honour to be masters of the Sea , and to make others strike saile to us as they passe ; it s a glory fitter for women and children to wonder at , then for States-men to contend about . It may bee compared to a chaplet of flowers , not to a diadem of gold : but as it is a profit to us to fence and inclose the Sea , that our neighbours ●hall not surprise us unawares ; its matter of moment , yet it concernes us but as it doth other Nations : by too insolent contestations hereupon , wee may provoke God , and dishonour our selves : we may more probably incense our friend● , then quell our enemies , we may make the land a slave to the sea , rather than the sea a servant to the land ; but I pray Master Selden to pardon me for this transition , and I returne my matter ▪ if the Kingdome could not possibly subsist without Ship-money in such a danger , yet there is no necessity that the King should be so sole Judge of that danger , as that he may judge therein contrary to the opinion , and perhaps , knowledge of other men . I allow the King to be supreame , and consequently sole Judge in all cases whatsoever , as to the right , and as to the diffusion of Judgement ; but as to the exercise and restraint of judgement , he is not , nor ought not to be accounted sole Judge . In matters of Law the King must create Judges , and sweare them to judge uprightly and impartially , and for the sub●ect against himselfe , if Law so require , yea , though he be of contrary judgement himselfe , and by his Letters sollicite the contrary . The Kings power is as the disgestive faculty in nature , all parts of the body contribute heat to it for their owne benefit , that they may receive backe againe from it a better concocted and prepared supply of nourishment , as it is their office to contribute , so it is the stomacks to distribute . And questionlesse sole judgement in matters of State , does no otherwise belong to the King , then in matters of Law , or points of Theologie . Besides as sole judgement is here ascr●bed to the King , he may affirme dangers to be foresee●e when he will , and of what nature he will : if ●e say onely , Datum est nobis intelli●i , as he does in his Writ , &c. To his sole indisputable judgement it is left to lay charges as often and as great as ●e pleases . And by this meanes if he regard not his word more than his profit , he may in one yeare draine all the Kingdome of all its treasure , and leave us the most despicable slaves in the whole world . It is ridiculous also to alleage , as J. Iones does , that it is contrary to presumption of Law to suspect falsity in the King : for if Law presume that the King will not falsly pretend danger to vex his subjects , of his owne meere motion , yet no Law , nor reason , nor policy will presume , that the King may not be induced by mis-information to grieve the people without cause . The Sunne is not more visible than this truth , our best Kings , King Charles , King Iames , Queene Elizabeth , and all the whole ascending line , have done undue illegall things sometimes , contrary to the rights and Franchises of England , being mis-informed , but having consulted with the Judges or States in Parliament , they have all retracted and confessed their error . Nay , there is nothing more knowne , or universally assented to than this , that Kings may be bad ; and it is more probable and naturall , that evill may be expected from good Princes , than good from bad . Wherefore , since it is all one to the State , whether evill proceed from the King mediately or immediately , out of malice or ignorance : and since wee know that of all kinds of government Monarchicall is the worst , when the Scepter is wielded by an unjust and unskillfull Prince , though it be the best , when such Princes as are not seduceable ( a thing most rate ) reigne , it will be great discretion in us not to desert our right in those Lawes which regulate and confine Monarchie , meerly out of Law-presumption ; if we must presume well of our Princes , to what purpose are Lawes made : and if Lawes are frustrate and absurd , where in doe we differ in condition from the most abject of all bond-slaves ? There is no Tyranny more abhorred than that which hath a controlling power over all Law , and knowes no bounds but its owne will : if this be not the utmost of Tyranny , the Turks are not more servile than we are : and if this be Tyranny , this invention of ship-money makes us as servile as the Turks . We must of necessity admit , that our Princes are not to be mis-led , and then our Lawes are needlesse ; or that they may be misse-led , and then our Lawes are uselesse . For if they will listen to ill councell , they may bee mooved to pretend danger causlesly ; and by this pretence defeate all our lawes and liberties , and those being defeated , what doth the English holde , but at the Kings meere discretion , wherein doth the excell the Captives condition ? if wee shall examine why the Mahometan slaues are more miserably treated , then the Germans , or why the French Pesants are so beggerly , wretched , and bestially used more then the Hollanders , or why the people of Millaine , Naples , Sicily are more oppressed , trampled upon , and inthralled then the Natives of Spayne ? there is no other reason will appeare but that they are subject to more immoderate power , and have lesse benefit of law to releeve them . In nature there is no reason , why the meanest wretches should not enjoy freedome , and demand justice in as ample measure , as those whom law hath provided for : or why Lords which are above law should bee more cruell then those which are more conditionate : yet wee see it is a fatal kind of necessity onely incident to immoderate power , that it must bee immoderately used : and certainly this was well knowne to our incestors , or else they would not have purchased their charters of freedome with so great an expence of blood as they did , and have endured so much so many yeeres rather then to bee betrayd to immoderate power , and prerogative : let us therefore not bee too carelesse of that , which they were so jealous of , but let us look narrowly into the true consequence of this ship-scot , whatsoever the face of it appeare to bee . It is vaine to stop twenty leakes in a ship , and then to leave one open , or to make lawes for the restraynt of loyalty all other wayes , that it may not overflow the estates of the comminalty at pleasure , and yet to leave one great breach for its irruption . All our Kings hitherto have beene so circumscribed by law , that they could not command the goods of their subjects at pleasure without common consent : but now if the King be but perswaded to pretend danger , hee is uncontroleable Master of all wee have , one datum est intelligi , shal make our English Statutes like the politicke hedge of Go●e●ham , and no better : I doe not say that this King will falsifie , it is enough that wee all , and all that wee have are at his discretion if hee will falsifie ; though vast power bee not abused , yet it is a great mischiefe that it may , and therefore vast power it selfe is justly odious , for divers reasons . First , because it may fall into the hands of ill disposed Princes , such as were K. Iohn , Henry the third , Edward the second , Richard the second . These all in their times made England miserable , and certainely had their power beene more unconsineable they had made it more miserable . The alterations of times doe not depend upon the alteration of the people , but of Princes : when Princes are good it fares wel with the people when bad ill . Princes often vary , but the people is alwaies the same in all ages , an● capable of smal , or no variations : If Princes would endure to heare this trueth it would bee profitable for them , for flatterers alwaies rayse jealousies against the people ; but the trueth is , the people as the sea , have no turbulent motion of their owne , if Princes like the windes doe not raise them into rage . Secondly , vast power if it finde not bad Princes it often makes Princes bad : It hath often charged Princes , as it did Nero from good to bad , from bad to worse : but Vespasian is the onely noted man which by the Empire was in melius mutatus : daily experience teaches this . Dangelt in England within 20. yeares increased unto a four-fold proportion . Subsidies were in former times seldome granted , and few at a time , now Parliaments are helde by some to be of no other use then to grant them . The Fox , in Esop , observed that of all the Beasts which had gone to visite the Lyon , few of their foot-steps were to be seene retrorsum , they were all printed adversum . And we find at this day , that it is farre more easie for a King to gaine undue things from the people , then it is for the people to re-gaine its due from a King : This King hath larger Dominions , and hath raigned yet fewer years , and enjoyed qu●●ter times then Queene Elizabeth : And yet his taxations hath beene farre greater , and his Exploits lesse honourable , and the yet people is still helde in more jealousie . To deny Shippe-mony which sweeps all , is ●eld and accounted a rejection of naturall Allegiance . I speake not this to render odious the Kings blessed government , God forbid , I hold him one of the mildest , and most gracious of our Kings : And I instance in him the rather , that we may see , what a bewitching thing flattery is , when it touches uppon this string of unlimitable power : if this ambition and desire of vast power were not the most naturall , and forcible of all sinnes , Angels in Heaven , and man in Paradize had not falne by it ; but since it is , Princes themselves ought to be the more cautious and cautilous of it . Thirdly , vast power if it neither find nor make bad Princes , yet it makes the good governement of good Princes the lesse pleasing , and the lesse effectuall , for the common and publicke good : And therefore it is a rule both in Law , and Policy , and Nature , Non recurrendum est ad extraordinaria , in jis quae fieri possunt perordinaria : All extraordinary aides are horrid to the people , but most especially such as the Ship-scot is , whereby all liberty is over-throwne , and all Law subjected unto the Kings meer discretion . Queene Elizabeth in eighty eight was victorious without this Taxation , and I am fully perswaded she was therefore Victorious the rather , because she used it not . Her Arte was to account her subjects hearts as her unfailing Exchequer , and to purchase them by doing legall just things , and this Arte never failed nor deceived her , and in that dismall gust of danger , it was good for her and the whole State , both that she did not relye upon forced aides of money , or the Swords of grieved Souldiers ; For this Ship-money , nothing can be pretended but necessity , and certainly necessity is ill pretended ; when the meere doing of the thing , is as dangerous as that for which it is done : did not this Ship-scot over-throw all p●polar Liberty , and so threaten as great a mischiefe as any Conquest can ? And were not the people justly averse from it ? Yet meerly for the peoples 〈◊〉 to it , it is dangerous to be relied upon in case of great danger . Wee know Nature teacheth us all , Of two Evils to chuse that which wee thinke the least , though it bee not so ; therefore if the people apprehend this Remedy as a Thing worse then the Disease , though they be mistaken therein , yet that very mistake may proove fatall . The Roman Army beeing harshly treated by the Senators , and their proud Generall , did refuse to charge upon the Enemy , or to resist the charge of the Enemy , they chose rather to be slaughtered by Strangers , then Enthralled by their Country-men . The English also in the late Scotsh invasion , by reason of this and many other causes of Discontent , made so ●aint resistance , that they did almost in a manner Confesse , That they held themselves as miserable already , as the Scots could make them . Thus wee see there is no necessity of levying Ship-money , there is rather necessity of Repealing it : And we see that presumption of Law doth no●●bet this Necessity , but rather crosse it . And whereas I. Iones further saith , That the Kings Majesty hath no benefit by Ship-money , and therefore presumption is the str●nger , that the King will not take it causelesly . We may answere : the Ship mony is a ●ery great benefit unto the King : For i● not immediatly , yet 〈◊〉 it is become a Revenew , inasmuch as by this 〈◊〉 al other Re●enues of the Crowne , nay ▪ and Tunnage and 〈◊〉 , which were not designed only for ordinary Expences , but for extraordinary imployments , and publicke Charges also , are now become d●scharged of that tie , and the Common-Wealth hath quite lest all its intrest and property in them . In point of benefit therefore it is all one to the Kings Majesty , and in point of burthen , it is all one to the Subject , whether Ship-money be acc●unted of as part of the Kings annuall Rents , or no , since by it his rents are enlarged : And as to the Subject there is no obligation , that this 〈◊〉 shal not hereafter incorporate with the rest of the Kings Majesties Intradoe● , and be swallowed up as Tunnage and Poundage now are . Thus we see what the Necessity is , and presumption of Law , which was so much insisted uppon ; and yet for a further confutation of both , Time , the mother of Truth , hath now given us more light Now that great danger which was pretended so many yeares together for the necessity of raysing so great supplies of treasure , is a small cloud blown over , making it apparant that Kings may bee mis informed ; and by mis information take Mole-hils for Mountaines , and cast heavie burthen● upon their subjects . But I come now to my third D●fficulty , how a publick charge is to be laid upon the kingdome . The law runs generally , that in England no Tollage or pecuniary charge may bee imposed Forsque per common assent de tout la Realme , or Si non per common consent de Parliement . Some presidents , or matters of fact appeare , wherein some Kings have divers times invaded this right of the subject , but upon conference had with the Iudges , or petition in Parliament , redresse was ever made , and the subjects right re-established . All the colour which can be brought to answer the Law in our case , is , that the words of the law are generall Taxes and Tollages , but doe not by special mention restrain extraordinary impositions , in time of extraordinary danger . But wee know the Petition of Right , 3. Car. is grounded upon former Statutes , and recites divers of them , and is a cleare affirmance of the common right of England ; and yet by that the commissions for Loanes were damned : and it is evident that those Loanes were demanded for the generall defence of the Kingdome in time of imminent danger ; and by the same Statute , not onely Loanes , but all other levies of money upon what pretence of danger soever , Si non per common consent , are condemned as illegall , and contrary to the Lawes and Rights of England . Two things therefore are objected against Parliaments : First , that they are of slow motion , and so most of the Iudges alledge . Secondly , that they may be perverse , and refuse due aid to the King , and so I. Crawley boldly suggests . For answere wee say in generall : First , that it is the wisdome of Kings to bee alwayes vigilant , and to have their eyes so open upon forraigne Princes , and to maintaine such intelligence that no preparation from abroade may surprize them before recourse had to Parliament ; and this is very easie to insular Princes , who have a competent strength of shipping , Secondly , to have alwayes in readinesse against all sudden surprizes , a sufficient store of ammunition and arms both for sea and land-service : and the revenues of the Crowne of England are sufficient for this purpose , and have beene held more then sufficient in former times , when hostility was greater , and the Kingdome smaller . Thirdly , to seeke advise and assistance from Parliaments , frequently in times of quiet , as well as of danger , as well when warre is b●t smoaking , or kindling , as when it is blown into a flame . Before the conquest this was held policie , and since in Edward the thirds time , a statute past to this purpose ; and if parliaments of late bee growne into dislike , it is not because their vertue is decaid , it is because the corruption of the times cannot endure such sharpe remedies . Fourthly , to speake particularly of this case of ship-money , wee say that it is a course more slow then by parliament : there was more expedition used in parliament to supply King Ch●rles , since hee came to the Crowne , then can this way . And wee say moreover , that as the extremity of the Kingdome was when ship-money was demanded , whatsoever was pretended to the contrary , a parliament might have beene timely enough called , and seasonably enough supplied the King . As to the second objection of I. Crawly , too unfit to come out of any honest wise mans mouth , but much more for a Iudges , Iudge Crooke replies , that as there is nullum iniquum in Lege , so neither in parliamento . The three noted factions which are adverse to Parliaments , are the papists , the prelates , and Court parasites ; and these may bee therefore supposed to hate parliaments , because they knowe themselves hatefull to parliaments . It is scarse possible for the King to finde out any other that thinkes ill of Parliaments , or is ill thought of by Parliaments . Of Papists little neede to bee said , their enmity is confest , they have little to pretend for themselves , but that parliaments are growne puritannicall . The prelates thinke themselves not to have jurisdiction and power enough ▪ and they knowe that Parliaments thinke they have too much , and abuse that which they have much more : therefore to uphold themselves , and to crush their ill-willers , they not only tax Parliaments of puritanisme , but all puritans of sedition : as much as in them lies , they wed the King to their quarrell , perswading him that Parliaments out of puritanisme , do not so much aime at the fall of Episcopacie , as Monarchy , and that Episcopacie is the support of Monarchy , so that both must stand and fall together . Howbeit because they cannot upbraide Parliaments of attempting any thing against Monarchy further then to mainetaine due liberty , therefore they preach an unlimitable prerogative , and condemne all law of liberty as injurious to Kings and incompatible with Monarchy . M●n●arring denies Parliamentary power and honour , C●well denies propriety of goods , further then it the Kings discretion , and Harrison accuses Iudge Hutton of delivering law against G●ds Law , in the case of Ship-money . And the common Court doctrine is , that Kings are boundlesse in authority , and that they onely are Cesars friends which justifie that doctrine ; and from this doctrine hath growne all the jealousies of late betweene the King and his best subjects ; and this is that venemous matter which hath laien burning , and ulcerating inwardly in the bowels of the common-wealth so long . The other enemies of Parliaments , are Court dependants , and projectors , which have taken advantage of this unnaturall dissention betwixt the King and his Subjects ; and have found out meanes to live upon the spoile of both , by siding with the King , and beeing instruments to extend his prerogative to the purchasing of preferment to themselves , disaffection to the King , and vexation to the common-wealth . These three factions excepted , and some few Courtiers which are carryed with the current of example , or are left to speake unpleasing trueths , there is scarce any man in all the Kings dominions , which doth not wish for parliaments , as the States best physick , nay almost as its naturall necessary food : but I will instance in three things wherein parliaments excell all other Councells whatsoever . 1. For wisedome , no advice can bee given so prudent , so profound , so universally comprehending , from any other author ; it is truely sayd by Sir Robert Cotten , that all private single persons may deceive and bee deceived ; but all cannot deceive one , nor one all . That an inconsiderable number of Privadoes should see or knowe more then whole Kingdomes , is incredible : v●x populi was ever reverenced as vox Dei , and Parliaments are infallble , and their acts indisputable to all but Parliaments . It is a just law , that no private man must bee wiser then Law publickly made . Our wis●st Kings in England , have ever most relied upon the wisedome of Parliaments . Secondly , no advice can bee so faithfull , so loyall , so religious and sincere , as that which proceeds from parliaments , where so many are gathered together for Gods service i● such a devout manner , we cannot but expect that G●d should bee amongst them : and as they have a more especiall blessing promised them ; so their ends cannot bee so sinister : private men may thrive by alterations : and common calamities , but the common body can effect nothing but the common good , because nothing else can bee commodious for them . Sir Robert Cotton in the life of Henry the third , according to the Court Doctrine at this present , saies , that in Parliament Kings are ever lesse then they should be , and the people more . If this bee spoken of irregular Kings , which will endure to heare of nothing but prerogative government , it may cary some semblance of trueth : but sure i● is , good and wise Kings are ever greatest when they sit immured , as it were , in that honourable Assembly : as the Historie of Queene Elizabeth and many of her progenitors testifies . T is true , K. Henry the third , met with divers oppositions in Parliament : Hee was there upbrayded , and called dilapidator regni ; it was true that hee was ●o , and the most unworthy of rule that ever sate sate in this Throne ; yet those words became not subjects : I doe not just●fie , but in some part extenuate such misdemeanors ; for the chiefe blame of those times is not to bee throwne upon the 〈◊〉 and commons , but upon the King and his out-landi●● parasites . It is without all question also that in those bloudy unjust ●imes , had it not beene for frequent parliaments , and that soveraigne remedy which thereby was applyed to the bleeding wounds of the Kingdome , no other helpe could have stanched them . Even then , when Parliaments were most prevalent , and when they had so much provocation from so variable an uncapable a Prince , they did not seeke to conditionate prerogative , or to depresse Monarchy for the future , though they were a little to injurious to him in person for the present . Since that time also many Parliaments h●ve had to struggle for due liberty with insolent princes , and have had power to clip the wings of Royalty ; and the custome of all Europe almost besides hath seemed to give such countenance to such attempts ; but the deepe wisedome , & inviolable loyalty of Parliaments to this composure of governement hath bin such , that they never made any invasion upon it . As it was in all former ages , so it now remaines intire with all its glorious ensignes of honour , and all the complements of power ; and may hee be as odious which seekes too alter or diminish Monarchicall governement for the future , as he which seekes to make it infinite , and slanders Parliaments as enemies to it , or endeavors to blow such jealousies into the Kings eares . 3. No advice can bee so sit , so forcible , so effectuall for the publicke welfare , as that which is given in Parliament : if any Cabinet Counsellours could give as wise sincere advice as Parliaments , yet it could not bee so profitable , because the hearts of the people doe not goe along with any other , as with that . That King which is potent in Parliament , as any good King may , is as it were so inskonsed in the hearts of his subjects , that he is almost beyond the trayns or aimes of treason and rebellion at home , nay forraign hostility cannot pei●ce him , but through the sides of all his people . It ought to bee noted also , that the English have ever beene the most devoted servants coequall , sweetly-moderate Soveraignty ; so in our English Parliaments , where the Nobility is not too prevalent , as in Denmark , nor the Comminalty , as in the Netherlands , nor the King , as in France , Iustice and policie kisse and embrace more lovingly then elsewhere . And as all the three States have alwayes more harmoniously born their just proportionable parts in England then elsewhere , so now in these times , in these learned , knowing , religious times , we may expect more blessed counsell from Parliaments then ever we received heretofore . May it therefore sinke into the heart of our King to adhere to Parliaments , and to abhorre the grosse delusive suggestions of such as disparage that kinde of Councell . May lie rather con●ide in that Community which can have no other end but their owne happinesse in his greatnesse , thè● in Papists , Prelates , and Projectors , to whom the publick disunion is advantagious . May he affect that gentle Prerogative which stands with the happinesse , freedome , and riches of his people , and 〈◊〉 that terrible Scopter which does as much avert the hearts , as it doth deb●lita●e the hands , and exhaust the purses of his Subjects . May he at last learnd by 〈◊〉 ; that the grievance of all 〈◊〉 , that that mischiefe which makes all mischiefes 〈◊〉 , and almost hopelesse in England at this day , is that Parliaments are clouded , and disused , and suffered to be 〈◊〉 by the ill boding incendi●ries of our State . May it lustly enter into his beleefe , that it is impossible for any Kingdome to deny publicke assent for their 〈…〉 when publicke danger is 〈…〉 , and when it is fairely required , and not by projects extorted : that no Nation can unnaturally seeke its owne 〈…〉 may make their Subjects purses their owne private coffers , if they will demand due things , at due times , and by due meanes . 4. I come now to the last difficulty , about the condition and nature of such aydes as are due by Law from the Subject to the King , Though much have beene argued both at the barre and on the Bench , for the King , that he may raise moneyes from his Subjects , without consent by Law , Prerogative , and necessity . Yet at last , because the Petition of Right absolutely crosses this tenet , it is restored to us backe againe , and yeelded , that the King may not impose a pecuniary charge by way of Tollage , but onely a personall one by way of service . And now all our controversie ends in this , that we must contest , whether the Ship-scot be a ●ecuniary , or a personall charge : For though the intent of the Writ , and the office of the Sh●●iffe be to raise moneyes onely , yet the words of the Writ , and the pretence of State , is to build and prepare Ships of warre . The Kingdome generally takes this to be a 〈◊〉 delusion and imposture , and doubtlesse it is but a pick lock tricke , to overthrow all liberty and propriety of goods , and it is a great shame that so many Judges should be abetters to such fraudulent practice contrived against the State . It is not lawfull for the King to demand moneyes as moneyes , but it is lawfull to demand moneyes under another wrong name , and under this wrong name all former Lawes and Liberties shall be as absolutely cancelled , as if they had beene meere cobwebs , or enacted onely out of meere derision . If former lawes made to guard propriety of goods were just , and grounded upon good reason , why are they by this grosse fallacie , or childish abuse defeated . If they were not just , or reasonable , what needes such a fond subtiltie as this ? why should they not be fairely avoided by Law ? Why were they made at all ? But be this invention what it will , yet we see it is new ; if it be quashed , the State is but where it was , we are still as our Ancestors left us ; and since our preceeding Kings never heretofore put it in use in the most necessitous calamitous times , we may from hence infer●e , that the plea of State necessity falls off of it selfe ; if we admit not of this innovation , then the State suffers not ; but if we admit it , no necessity being of it , we can frame no other reason for our so doing , but that our former franchises and priviledges were unjust , and therefore this way they must be annulled . Some of our Judges doe prove , that if this were a personall service , yet it were void ; and they cite the case of Barges , and Ballingers vessells , built truly for Warre in time of Imminent danger , and yet these charges upon complaint made by the Subject , were revoked , and disclaimed . But here in this case many other enormities and defects in Law Lare , for if ships be intended to be built in Inland Countries , a thing impossible is injoyned ; and if moneyes be aimed at , that very ayme is against Law : and if the Kingdome were to be disfranchised , it were not to be done by all illegall way . Besides , in the Writ , in the Assessement , in the Sheriffes remedy against Recusants of it , in the execution of Law , by , or after judgment , many inconveniences , errors , and mischiefes arise many wayes : and sure take the whole case as it is , and since the Creation no whole Kingdome was ever cast in such a cause before . Besides , though the Iudges ought wholly to have be●● themselves upon this , to have proved this a personall service , and no pecuniary charge , they have roved after necessity , presumption of Law , and Prerogative , and fearce said any thing at all hereof . My Lord Brainston argues very eagerly , that personall services by Sea and Land are due to the King in cases of extremity , and all their records , case , and presidents prove no more , and that men may be arrayed , and ships pressed , and that sumptibus populi ; but there is nothing proved that the meere raising of moneyes in this case , is a personall service . I. Iones indeed argues to this purpose : If the Law intrust the King with so great a power over mens persons , why not over their estates ? There is cleare reason for the contrary : because the King , if he should abuse mens personall aides , could not inrich or profit himselfe thereby , and we know it is gaine and profit , it is Auri sacra fames which hath power over the breasts of men . It is not ordinary for Tyrants to imbattaile hoasts of men , and make them charge upon the Sea-billowes , and then to gather up Cockles and Piwinckle shells in lieu of spoile , as one did once : but the World abounds with stories of such Princes , as have offended in abusing their power over mens estates , and have violated all right divine and humane , to attaine to such a boundlesse power . Good Kings are sometimes weake in coveting boundlesse power ; some affect rivality with God himselfe in power , and yet places that power in doing evill , not good : for few Kings want power to doe good , and therefore it misbecomes not sometimes good Subjects to be jealous in some things of good Kings . But J. Iones farther sayes , that Ships must be built , and without money that cannot be done : ergo . This necessity hath beene answered , and disproved already : and I now adde , that for the good of the Kingdome there is more necessity that Ship-money be damned then maintained . Such unnaturall slavery seems to mee to be attendant upon this all-devouring project , and such in●amy to our Ancestors , our Lawes , and our selves , nay , and such danger to the King and his posterity , that I cannot imagine how any forraigne conquest should induce any thing more to be detested and abhorred . Those Kings which have beene most covetous of unconfined immoderate power , have beene the weakest in judgment , and commonly their lives have beene poore and toylsome , and their ends miserable , and violent : so that if Kings did rightly understand their owne good , none would more shunne uncontrollable absolutenesse then themselves . How is the King of France happy in his great Prerogative ? or in that terrible stile of the King of Asses ? ●ee see that his immoderate power makes him oppresse his poore Pesants , for their condition is most deplorable , and yet set his power aside , and there is no reason why he should not be as a Father to cherish them , as a God to comfort them , not as an enemy to impoverish them , as a tormentor to afflict them . 2. His oppression makes him culpable before God : he must one day render a sad account for all the evill which he hath imposed , for all the good which he hath not procured to them . That the Vicegerent of God should doe the office of a tyrant , will be no light thing one day . 3. His sinne makes him poore : for were his Pesants suffered to get wealth and enjoy it , the whole Land would be his treasury , and that treasury would containe twice as much as now it doth . 4. His poverty makes him impotent , for money being the sinewes of warre , how strong would his joynts be , if all his subjects were abounding in money , as doubtlesse they would , if they wanted not liberty , and propriety ? besides , poverty depresses the spirit of a Nation : and were the King of France , King of an Infantery , as he is onely of a Cavalrie , were he a King of men , as he is onely of beasts , had he a power over hearts as he hath over hands , that Country would be twice as puissant as it is . 5. His impotence , together with all other irregularities , and abuses is like to make his Monarchy the lesse durable . Civill wars have ever hitherto infected and macerated that goodly Countrey , and many times it hath been near it's ruine : it now enjoyes inward peace , but it doth no great exploits abroad , nor is ever likely to doe , unlesse by practising upon the distemper of other Nations : should some other Prince practise in the like manner upon that , and propose liberty to the grieved people , much advantage might be taken : but these avisoes would better proceed from that most heroick , most terrible , most armipatent Churchman , which effects such great wonders here : wee see hence that Princes by some gaine lose , as the whole body pines by the swelling of the spleene : we see that Reh●●oam catcht an immoderate power , as the Dog in the fable at a shadow , but in stead of an uncertain nothing , he let fall and lost a certaine substance ; and yet flatterers have scarce any other bai●e then this shadow of immoderate power , whereby to poison the phantasies of weake humours , undiscerning rash Princes . My humble motion therefore is : First , that the judgement given in the Chequ●r Chamber for Ship-money , may bee reversed , and damned , as contrary to the right of the Subject . Secondly , that those Iudges which adhered to equity and integrity in this case , might have some honourable guerdon designed them . Thirdly , that some dishonourable penalty may bee imposed upon those Iudges which ill advised the King herein , and then argued as Pleaders , not as Iudges ; especially if any shall appeare to have solicited the betraying of the Kingdome . Fourthly , that the meaning of our Lawes & Charters , may bee fully and expresly declared , and the force and vertue of Statutes and publicke Grants , may be vindicated from all such exceptions and objections as have beene particularly or generally made against them . Fifthly , that a clearer solution may be given in the foure maine points stirred , how farre prerogative is arbitrary and above Law ; and how farre naturall Allegeance bindes to yeeld to all demands not of Parliament : next , how the King is sole Judge of danger , as that his meere cognizance thereof shall be sufficient , though there be no appearance or probability thereof . Next , how a necessity of publicke ●●ine must be concluded now , if Ship-money be not levied , when no such ruine hath been formerly , when this new plot was not devised . Lastly , how this Ship-scot pretending ships , but intending money , and really raising the same , can be said to be no pecuniary tollage within our Statutes , but a meere personall service . Sixthly , that any Officers , or Ministers of State , which shall attempt to lay the like taxes hereafter upon the Subject , by vertue of the like void warrants , may be held and taken as Felons , or Traytors , or forcible Intruders . Seventhly , that something may be inacted against forraigne and domesticall Forces also , if they shall be congregated for the like purposes ; and that the subject may be inabled by some fit and timely remedy to be given against a military kinde of government . Eighthly , that the due way of publicke defence , in case of imminent and eminent danger , or actuall necessary warre , for the pressing of men , and other charges of warre , such as Cote and Conduct money , and all doubts thereabouts , may be made more certaine and settled for the time to come . Ninthly , that if the Kings ordinary 〈◊〉 now taken for the Crowne , be not sufficient to maintaine him , as our great Master , some legall order may be taken therefore , and that he may be sensible of his Subjects loyalty , and his Subjects live safe under him , that his enemies may finde him considerable , and his true friends usefull . FINIS . Notes, typically marginal, from the original text Notes for div A08939e-100 3. A39412 ---- At the court at White-hall the 22th of March, 1664, present the Kings Most Excellent Majesty ... whereas His Majesty by and with the advice of his Privy Council hath dispensed with certain clauses of several acts, concerning trade, shipping and navigation ... England and Wales. Sovereign (1660-1685 : Charles II) 1664 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A39412 Wing E804 ESTC R39421 18409280 ocm 18409280 107498 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 0 1.0 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 1, no. A39412) Transcribed from: (Early English Books Online ; image set 107498) Images scanned from microfilm: (Early English books, 1641-1700 ; 1632:3) At the court at White-hall the 22th of March, 1664, present the Kings Most Excellent Majesty ... whereas His Majesty by and with the advice of his Privy Council hath dispensed with certain clauses of several acts, concerning trade, shipping and navigation ... England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. England and Wales. Privy Council. 1 broadside. Printed by John Bill and Christopher Barker ..., London : 1664. Reproduction of original in the Society of Antiquaries Library, London. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Shipping -- England. Proclamations -- Great Britain. Great Britain -- History -- Charles II, 1660-1685. 2008-05 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 Mona Logarbo Sampled and proofread 2008-11 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms At the COURT at WHITE-HALL the 22 th of March , 1664. Present The Kings most excellent Majesty . His Royal Highness the Duke of York . His Highness Prince Rupert . Lord Archbishop of Canterbury . Lord Chancellour . Lord Treasurer . Lord Privy Seal . Duke of Albemarle . Duke of Ormond . Marquis of Dorchester . Earl of St. Alban . Earl of Sandwich . Earl of Anglesey . Earl of Bathe . Earl of Carlisle . Earl of Lauderdail . Earl of Middleton . Earl of Carbery . Lord Arlington . Lord Berkley . Lord Ashley . Mr. Treasurer . Mr. Vice-Chamberlain . Mr Secretary Morice . M. Chancellor of the Dutchy . Sir Edward Nicholas . WHereas His Majesty by and with the Advice of His Privy Council hath dispensed for some time with certain Clauses of several Acts , concerning Trade , Shipping and Navigation , by an Order of this Boord of the sixth instant : Which Order in several Clauses thereof extends , but was not intended to extend to Ireland : His Majesty this day in Council hath thought fit by the Advice of the Boord , to direct the revoking the Word Ireland in the said Order , and thereprinting the same so amended . John Nicholas . HIs Majesty , by and with the Advice of His Privy Council , is pleased to Declare and Order , That an Act of Parliament made in the Parliament begun at Westminster the Five and twentieth day of April in the Twelfth year of His Majesties Reign , and confirmed by the Parliament begun at Westminster the eighth day of May , in the Thirteenth year of His Majesties Reign , intituled , [ An Act for encouraging and encreasing of Shipping and Navigation ] and all the proceedings therein or thereby directed , Be totally suspended in all the matters and things therein contained , concerning or relating to any Ships or Vessels , their Masters or Mariners , their Guns , Furniture , Tackle , Ammunition and Apparel , or to any Goods or Commodities imported , or exported to , or from Norway , or the Baltique Sea. And His Majesty doth further Order , That the said Act , and all the proceedings therein , or thereby directed , be totally suspended in all the matters and things therein contained , concerning or relating to any Ships , or Vessels , their Masters or Mariners , their Guns , Furniture , Tackle , Ammunition and Apparel , or to any Goods or Commodities imported or exported to , or from any parts of Germany , Flanders or France , whereof the Merchants and Owners shall be His Majesties natural born Subjects . And His Majesty is graciously pleased to declare and grant , That not only His Majesties natural born Subjects , but all Merchants of any Nation in Amity with His Majesty , may import from any parts whatsoever , Hemp , Pitch , Tar , Masts , Saltpeter , and Copper ; and upon importation thereof shall be liable to pay onely such Duties , as by the Act of Tonnage and Poundage are imposed upon His Majesties natural born Subjects , and no other ; Any thing in the said Act to the contrary notwithstanding . And His Majesty doth further Order , That notwithstanding the said Act for Encouraging and encreasing of Shipping and Navigation , and one other Act made in the said Parliament begun at Westminster the eighth day of May in the thirteenth year of His Majesties Reign , intituled [ An Act for the Encouragement of Trade ] or either of them , or any Clause or Clauses in them , or either of them to the contrary , It shall and may be lawful for any English Merchants , and they are hereby authorised , freely and without interruption , to make use of , and employ any Foreign Ships or Vessels whatsoever , Navigated by Mariners or Seamen of any Nation in Amity with His Majesty , for importing or exporting of Goods and Commodities , to or from any Port in England or Wales , to or from any of His Majesties Plantations . Provided , That no Goods or Commodities whatsoever , be by them imported into any of His Majesties said Plantations , but what shall be without fraud , Laden and Shipped in England or Wales and thence directly carried , and from no other place to His Majesties said Plantations . Provided also , That such Goods and Commodities as shall be by them laden or taken on Board at His Majesties said Plantations , or any of them , be brought directly from thence to some of His Majesties said Ports in England or Wales , And all Governours , and Officers of the Customs are hereby charged and required , strictly to observe all Rules , Directions and Orders for taking of Bonds or other Securities , and exacting all Forfeitures , and Penalties by the said Acts or either of them required or enjoyned : save only in the Two Clauses concerning English Ships or English Mariners herein before dispensed with . And lastly , His Majesty doth declare , That this shall continue and be in force during His Majesties pleasure : And when His Majesty shall think fit to determine the Dispensation hereby granted , He will by His Royal Proclamation give six moneths notice thereof , To the end no Merchant or other person herein concerned , may be surprized , Signed Buckingham . Albemarle . Ormond . Lindsey . St. Alban . Anglesey . Bathe . Carlisle . Lauderdail . Middleton . Carbery . Humph. London . Berkeley . Ashley . Will. Morice . Hen. Bennet . John Nicholas . London , Printed by John Bill and Christopher Barker , Printers to the Kings most Excellent Majesty , 1664. A46066 ---- By the lord lieutenant and council, a proclamation concerning passes for shipps Ireland. Lord Lieutenant (1672-1677 : Essex) 1677 Approx. 8 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A46066 Wing I609 ESTC R39301 18367752 ocm 18367752 107374 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 0 1.0 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 1, no. A46066) Transcribed from: (Early English Books Online ; image set 107374) Images scanned from microfilm: (Early English books, 1641-1700 ; 1636:36) By the lord lieutenant and council, a proclamation concerning passes for shipps Ireland. Lord Lieutenant (1672-1677 : Essex) Essex, Arthur Capel, Earl of, 1631-1683. [2] leaves. Printed by Benjamin Tooke ... and are to be sold by Joseph Wilde ..., Dublin : 1676 [i.e. 1677] Caption title. Imprint from colophon. "Given at the council chamber in Dublin the tenth day of January 1676--Leaf [2]. Broadside in [2] leaves. Reproduction of original in the Society of Antiquaries Library, London. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Ship registers -- Ireland. Ireland -- History -- 1660-1688. Ireland -- Politics and government -- 17th century. 2006-11 TCP Assigned for keying and markup 2006-12 Apex CoVantage Keyed and coded from ProQuest page images 2007-01 Mona Logarbo Sampled and proofread 2007-01 Mona Logarbo Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion CR HONI SOIT QVI MAL Y PENSE DIEV · ET · MON · DROIT royal blazon or coat of arms BY THE Lord Lieutenant AND COUNCIL . A Proclamation Concerning Passes for Shipps , ESSEX . WHEREAS his Majestie with the advice of his Privie Council of England , hath thought fitt to require us by Proclamation to publish and declare , That all Passes for Ships Entred out for the West Indies , or the parts of Affrica beyond Cape Verde , which were granted before the date hereof shall determine upon the return of the said Shipps , and their being unladen in some Port of Ireland , and that all passes by vertue of any other Treaties than those with Algiers , Tunis , and Tripoli , for shipps entred out for the Mediterranean seas or Tradeing there granted before the 25th . day of March 1676. shall determine at Michaelmas 1677. And that all such Passes for such shipps granted after the said 25th . day of March 1676. and before the date of this Proclamation shall determine the 25th . day of March 1678 , and that if any of the said shipps shall be in any Port of the Kingdom of Ireland , or in any other member or Creek thereof at the time of the publication of this Proclamation , their passes shall be then void , and if any of the said shipps shall happen to come into any Port of Ireland , after the publishing of this Proclamation , and before the Expireing of the said Periods and unlade , their passes shall thereupon determine , and also that all passes granted to shipps entered to any other parts of the world , or Coast-wise such passes shall determine on the last day of April one thousand six hundred seventy seven . And Whereas wee are further by his Majesties speciall command required to publish and make known , that all passes in pursuance of his Majesties Treatie with Denmarke , for all Ireland , England , and Scotland , and the rest of his Majesties Dominions , are to bee under his Majesties Royall Signature to be procured by his Majesties principle Secretary of state And that all passes , or sea Breifs , in pursuance of the Treaties with Algiers , Tunis and Tripoli are to be had for all Ireland England and Scotland , and the rest of his Majesties Dominions from the Lords Commissioners for Executing the Office of Lord high Admirall of England sitting at Darby-House , and that all passes in pursuance of the Treaties with Spaine and the united provinces , and in pursuance of the treaty with Sweaden , are to be had viz. for the Port of Dublin , and that District from the Lord Mayor of the Citty of Dublin , the Extent of which District is from Skerries inclusive to Wicklow , inclusive ; for the Port of Wexford and that District from the Mayor of Wexford the extent of which District is from the Port of Waterford , exclusive to Wicklow exclusive , for the Port of Waterford and that District including the Port of Ross , from the Mayor of the City of Waterford , the extent of which District is from the Port of Wexford exclusive to Dongarvan exclusive , for the Port of Yougha●l and that District from the Mayor of Youghall , the Extent of which District is from Dongarvan inclusive to the Port of Cork exclusive , for the Port of Cork , and that District which is onely to extend to that Port from the Mayor of the City of Cork , For the Port of Kinsale , & that District from the Soveraign of Kinsale the extent of which District including the Port of Baltimore , is from the Port of Cork exclusive to Bantry inclusive , for the Port of Lymerick , and that District from the Mayor of the City of Lymerick , the extent of which District is from Bantry exclesive including the Port of Dingle to the Port of Galway exclusive , for the Port of Gallway , and that District from the Mayor of Galway the extent of wich district is from the Port of Lymerick Exclusive to the Port of Sligoe inclusive , for the Port of Londondery and that District from the Mayor of the City of Londondery , the extent of which District is from Sligoe exclusive including the Port of Kilabeggs unto the Port of Colerane inclusive , for the Port of Carregfergus and Belfast , and that District from the Mayor of Carregfergus , the evtent of which District is from the Port of Colerane , exclusive including the Ports of Donaghadee and Strangford unto Carlingford exclusive , for the Port of Drogheda , and that District from the Mayor of Drogheda , the extent of which District is from Carlingford inclusive , including the Port of Dundalk to Skerries exclusive . And in regard that such Passes as are to be made in pursuance of the treaties with Denmark , are to be under his Majesties Royall Signature , and that the Passes , or Sea Briefs , in pursuance of the treatie with Algiers , Tunis , and Tripoli , are to be had from the Lords Commissioners for executing the Office of Lord high Admirall of England , Sitting at Darby-House . We do hereby further Publish and make knowne , that as to such of his Majesties Subjects of this Kingdom , as shall have occasion to make use of any Passes in pursuance of the Treaty with Denmarke , or of any Passes or Sea Briefes , in pursuance of the Treatie with A●giers , Tunis , and Tripoli , that care shall be taken upon their applications to Vs the Lord Lieutenant , that they shall be readily furnished with such Passes . All which in obedience unto his Majesties said speciall Commands , We doe hereby publish and make Known , & require all persons who are therein any way concerned , to take notice of the same at their Perills . Given at the Council Chamber in Dublin the tenth day of January 1676. Ja : Armachanus . Lanesborough . Hen : Midensis . Char : Meredith . I : Povey . Ro : Booth . Jo : Bysse . Ric : Gethin . VVm : Flower . Tho : Newcomen . Ja : Cuff. God Save the King. Dublin , Printed by Benjamin Tooke , Printer to the Kings Most Excellent Majestie and are to be sold by Joseph Wilde Booke seller in Castlestreet . 1676 A13777 ---- Saint Pauls ship-vvrack in his voyage to Rome, with the entertainment hee found amongst the barbarous people of Melita Delivered in a sermon at Meechny, alias Newhaven in Sussex, on the 8th of February, 1634. and occasioned by a ship-wrack which happened in the same place the Sunday-night before, being the first of February, to the losse of many mens lives. By Iohn Tillinghast, Rector of Taring Nevill, in Sussex. Tillinghast, John, 1604-1655. 1637 Approx. 107 KB of XML-encoded text transcribed from 71 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A13777 STC 24075 ESTC S103030 99838789 99838789 3178 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 0 1.0 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 1, no. A13777) Transcribed from: (Early English Books Online ; image set 3178) Images scanned from microfilm: (Early English books, 1475-1640 ; 1158:01) Saint Pauls ship-vvrack in his voyage to Rome, with the entertainment hee found amongst the barbarous people of Melita Delivered in a sermon at Meechny, alias Newhaven in Sussex, on the 8th of February, 1634. and occasioned by a ship-wrack which happened in the same place the Sunday-night before, being the first of February, to the losse of many mens lives. By Iohn Tillinghast, Rector of Taring Nevill, in Sussex. Tillinghast, John, 1604-1655. [10], 130 p. Printed by R. B[adger] for Andrew Kembe, and are to be sold at his shop at S. Margarets Hill in South-warke, London : 1637. Printer's name from STC. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Bible. -- N.T. -- Acts -- Commentaries -- Early works to 1800. Shipwrecks -- England -- Sermons -- Early works to 1800. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Olivia Bottum Sampled and proofread 2004-03 Olivia Bottum Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Saint PAVLS SHIP-VVRACK in his Voyage to ROME , With the entertainment hee found amongst the barbarous people of Melita . Delivered in a Sermon at Meechny , alias Newhaven in Sussex , on the 8 th of February , 1634. and occasioned by a Ship-wrack which happened in the same place the Sunday-night before , being the first of February , to the losse of many Mens lives . By Iohn Tillinghast , Rector of Tarring Nevill , in SVSSEX . LONDON , Printed by R. B. for Andrew Kembe , and are to be sold at his shop at S. Margarets Hill in South-warke . 1637. To The Right VVorshipfull and Vertuous LADY , the Lady Margery Gratewicke , of Sea-ford in Sussex . GOOD Madam , these ensuing lines ( such as they are ) when they were first framed ( which is now above twelve moneths since ) were at that time no farther intended , than that place and congregation where they were then preached : but in regard it hath pleased Almighty God , since that time , to give diverse occasions for the further pressing of this duty of hospitality to strangers ; and especially the other day , when no lesse than sixteene or seventeen saile of Ships were at one time cast away upon our Coast , to the great losse of many mens goods and lives ; and that our people for the most part ( especially of the meaner sort ) for ought I yet perceive , continue still in their wonted course of barbarisme towards the distressed , being so accustomed herein , that ( as he in Erasmus witnesseth of the Marine parts of this kingdome ) They think they do well , in what they do ; notwithstanding the many admonitions to the contrary . Hereupon I have boldly adventured to make that publike to the view of many , which was first uttered , in the hearing but of few ; as hoping that this ●o necessary a duty , may againe and againe be read , and throughly pondered , till at length it bee practised : for our memories are dull , and commonly what goes in at the one eare , comes out at the other , but this may profit for ever . Truly , I cannot but blush , when many times comming into other parts , I heare the reports that are given of the uncivill carriage and evill behaviour of our neighbours , ( living by the Sea-coast ) when such miserable objects of calamity , happen amongst them : and that not only from men of our owne nation , but from Forreiners , who sometimes unhappily , having suffered shipwrack upon our shore , in mine owne hearing have said , That they had rather fall into the hands of Turkes and Infidels , and should finde more curteous usage from them in these cases , than from the English. Surely a great blot and blemish to so famous an Island as this hath been accounted , which ( as a learned Countrey-man of ours saith ) Ever since the Normans first comming into it , both for military matters , and all other of humanity and civility , hath bin parallelled with the most flourishing Kingdomes of Europe and our Christian world : true it is , in ancient times the inhabitants of this Countrey , were accused of incivility and cruelty towards strangers , hospites mactabant pro hostia ( saith Acron , ) they killed them for sacrifice , and no marvell , for then were they more heathnish , barbarous , and uncivill , ( if that be true , which Caesar and others report of them ) than are the savage and wilde people in the Easterne and Westerne Indies at this day ; voide of the light of grace , not acquainted with the lawes of common courtesie : but being conquered by the Romans , they learned more civility , and barbarisme in this nature was esteemed as a most heynous offence . Much more then ought it so to be accounted of in our dayes , when both Nature , Reason , and Religion , joyntly with one consent condemne it . How displeasing it is in the sight of God , and clean repugnant to that quiet and peaceable government ( by his gracious providence ) now setled amongst us , I have here in this Sermon in some weake measure endeavoured to demonstrate . The which I present unto your Ladyship , not only to make manifest mine unfained thankfulnesse , for your love and kindnesse expressed towards me and mine , ever since my first comming into these parts ; but also in that I am certaine , your Lady-ship can beare witnesse with me , that I speake the truth concerning many particulars reprehended in this following discourse . Now if these my weak meditations may bee any whit availeable , for the redressing of this so hatefull a vice ; I shall thinke my paines well bestowed ; howsoever I leave the successe thereof unto God , and rest Your Lady-ships much bounden , Iohn Tillinghast . Perlegi hane concionem cui Titulus ( S t. PAUL'S Shipwrack ) in quâ non reperio quicquam impedimenti quo minus publicâ cum utilitate imprimi queat , ita tamen ut si non intra 3. menses proximè sequentes , typis mandetur haec licentia fit omnino irrita . Gulielm . Haywood R. P. Archiep. Cant. Cap. Domest . Saint PAVL's SHIP-WRACK , in his Voyage to ROME , &c. Acts 28.2 . And the Barbarous people shewed us no little kindnesse : for they kindled a fire , and received us every one , because of the present raine , and because of the cold . IF you please but to read the precedent Chapter , you may easily conceive these words of our Text to depend upon that story ; Saint Paul being taken prisoner , and delivered unto one Iulius Centurion , who was of the Bond o Augustus , was with him and other prisoners shipped towards Rome , in a Vessell of Adra myttius , which was a Citie of Aeolia , purposing to sayle by the Coasts of Asia , the next day they arived Si don ; from whence departing , they sayled hard by Cyprus , because the windes were contrary . At length they came to Mira which was a Citie of Lysia ; where their Captaine finding a Ship of Alexandria bound for Italy , they hyring passage , went along with him . In which voyage they were sore troubled ; their sayling being very dangerous , the Sea tempestuous , partly by reason of the time of the yeare , which was thought to be in the moneth of September : but especially because of a stormy winde which arose over against the Island of Candie , which tossed them exceedingly , insomuch that they were faine to throw out part of their lading , & cut off their Mast by the board . At length supposing they were neer some shore , they sounded and found twenty Fathomes , afterwards fifteen , whereupon they cast Anchor ; and in the morning , so soone as day appeared , they espied a certaine Haven , into which they minded to thrust the Ship , and then weighing up their Anchors , committed themselves to the Sea , and having loosed the Rudder bands , and hoysed up the main sayl to the wind , they drew toward the shoar ; missing of the Haven , they fell into a place where two seas met , and there thrusting in the Ship , the forepart stuck fast and moved not , but the hinder part brake through the violence of the waves : whereupon the Passengers and Saylers , being in number two hundred seventy and six ; some swimmed , others got upon boards and broken peeces of the Ship , and so came to Land. The place where they run aground , was Melita , an Island situate in the Mediteranean Sea , distant from Sicilia sixty miles , and from Africa an hundred and ninety . There were two Islands called by this name , this , and another which lyeth in the Adriatick Sea neare to Dalmatia . Some ascribe S. Pauls shipwrack to this latter : but their opinion Beza in his annotations on this place learnedly confuteth , and proveth it to be that Melita within the Straits , which at this day is called Malta ; and is one of the places most renowned in the World , for repelling of the Turkes ; when Solyman the Emperour of them did send against it a most mighty Army , it was then defended by them , who are called the Knights of Malta , being in the yeare 1565. concerning whose valour and successe in resisting that mighty adversary , divers have written at large , in their bookes of that Argument . But now what entertainment our Apostle and the rest of his company found , being h●re put ashore , my Text , with some of the subsequent verses in this Chapter , doth plainly shew . The words which at this time I have made choyce to speake of , doe mention a kindnesse which they received , at their first comming out of the Sea ; being al wet and bewraied with the ●ome of the Sea , and stiffe with cold ( as Calvin describes them ) and with much adoe , crawling to the shoare , they received ( as S. Luke , who was one of them , confesseth ) no little kindn●sse , which the barbarous people shewed unto them ; For they kindled a fire , &c. This courtesie wee have here described , 1 By the persons who shewed it , The Barbarous people . 2 By the thing wherein it was shewen , with the Apostles acknowledgement of it , They kindled a fire , &c. which he confesseth to bee no little kindnesse . 3 By the cause or reason moving them thereunto , which was , The present raine and the cold . 1 The persons , were the inhabitants of the Iland , which are here called , Barbarous people . Of Barbarians we may reade in other places , viz. In the Romans , the Corinthians and the Colossians : in which places the word is taken ; either , 1 For one , who is rude and unlearned , as Rom. 1.14 . or , 2 For one , who so speaketh as he is not understood ; as 1 Cor. 14.11 . or , 3 For one of another Nation different from the Iewes , and the Greekes , as Col. 3.11 . S. Paul in that place before named , of the Romans , by Greekes understanding men that were more civill , which were governed with good and civill lawes ; by the Barbarians a wilder sort , which were more savage and fierce , more rude , and that in a twofold respect . 1 In pronouncing the Greek tongue , being ignorant thereof , they were esteemed by the Greeks as Barbarous ; for the Greeks were won● to call , Omnes Barbaros non Graecè loquentes , all Barbarians that could not speak their tongue . The Romans also , after the Empire was translated unto them , were so wont to esteeme of all those who were ignorant of the Greek and the Latine Tongue . Whence the Poet in his exile complaines , that because hee could not understand them , he was no other than a Barbarian amongst them ; Barbarus hic ego sum ; quia non intelligor ulli . 2 In regard of their rude behaviour in comparison of the Greeks : for the Grecians were the civillest , nearest , finest , and gentilest people that were under the Sun ; where all Arts were refined , whither all men of note travelled for good breeding in all good literature , and for understanding of all good discipline for peace and for war. From whence , the Romans first of all other Nations , by reason of their commerce with them , and the apt scituation of their Countrey , learned their civility and knowledge of Arts and good Lawes ; unto whom we of this Land , by reason of their conquest thereof , are beholding for the greatest part of that good breeding which is amongst us . But to come to these people here mentioned in my Text ; they were as Aretius and others think , a mixt people consisting of Africans and Italians , as it often happeneth in such places whose confines are neere adjoyning the one to the other . From them , in this place , receiving the Apostle and the rest of the company into their houses , making them fires because of the cold and raine in Winter , courteously lodging them ; and when they departed ( being such as had suffered shipwrack , and were thereby in want ) helping them with necessaries ; we may observe , It is not a thing only commendable in these Heathens , but also to bee imitated by us Christians , to be harboursome to strangers , and courteously to succour them in their wants . A duty which indeed is much commended in the Scriptures unto all Christians , as a sweet fruit of liberality ; God Almighty from his owne example doth admonish men to the performance hereof , when hee saith of himselfe , That hee executeth the judgement of the fatherlesse and widow , and loveth the stranger , in giving him food and raiment ; hee inferres thereupon this duty belonging unto us : Love ye therefore the stranger . He appoints it to the Iewes , as a part of that fast which he had chosen , to deale their bread to the hungry , and to bring the poore that are cast out , to their houses ; and when they see the ●aked , to cover them , and not to hide themselves from their own flesh , &c. Often by his Apostles doth he presse this duty unto the people . Saint Paul numbers it in the Catalogue of those dayes which are required of us , and set downe in the 12. of the Romans , Bee given to hospitality : and writing to the Hebrewes , he would have them not forgetfull to entertaine strangers . Saint Peter would have his auditors and all others to use hospitality one to another without grudging : by which places ( besides the example of these heathen Melitenses , here mentioned , who had learned by nature this point of courtesie ) wee may see the truth of this doctrine , viz. That it is our part and duty to bee harboursome unto strangers , and freely to succour them in their distresses . Reas. 1. Because it is a Law not only written in the book of God , but even imprinted in the very nature of man , though wee know not the purposes of their hearts , and what their intents may be ; yet wee are to use them courteously for identity of their nature ; that is , because they are Men , children of Adam , as our selves are . It was nature , and not Religion that moved the King of Aegypt to give commandement for Abraham , that none should hurt him , or any of his possessions , and here in this place , common nature ( saith Calvin ) did wring out of these Barbarous Gentiles , some affection of mercy , in this so great necessity . Reas. 2. Christian charity requireth this at our hands ; doth not the Apostle in that great commendation of Charity , say of her , that she is kinde , and that shee seeketh not her owne ? And doth not the same Apostle exhort the Philippians , not only to regard their owne estate , but the estate also of others ? Surely yes : and wri●ing to the Galathians , hee would have us , as opportunity and occasion shall bee offered , to do good unto all , but especially to them who are of the houshold of faith . Reas. 3. The common condition of all men bindes us hereunto : All things ( saith Salomon ) come alike unt all : and there is no man ( saith a Heathen man ) that can say this or that I shall never endure : Quae sua sor● hodiè est , cras fore vestra potest ; that which is their estate to day , may be thine to morrow . This reason the Lord Himselfe useth ; when hee commanded the Israelites , that they should not vex the strangers , but handle them courteously , for that they themselves also were strangers in Egypt . Who is there now so certaine of his home and habitation here , that he can bee assured that he shall never be a stranger else where . It is as easie to go out , as to come in to our owne Land : thou mayest as soone be driven to other places , out of thine own countrey to be a stranger there , as others have bin from theirs into thine , to be a stranger here . Observe then the Apostles rule , Remember them which suffer adversity , as being your selves also in the body ; that is , in the body of flesh and frailty , subject to the like misery . Vse 1. The consideration of this doth reprove the uncharitable disposition of many , who far unlike , and indeed much worse than these barbarous people , do shew but little kindnesse to distressed strangers , which even heare the cry of the poore and harbourlesse at their gates ; yea , at their doores , and yet will not be moved to relieve and succour them . Oh tell mee , whosoever thou art ; thou that pitiest not the wants of them that are in misery , and mindest not their griefes , tell mee I say , if the Lord should ever strip thee of what thou hast , ( as he can doe it in a moment , for he that gave all , can take all ) who , thinkest thou , should succour thee , what eye would pitie thee , or what hand would spare thee ? when as neither thine heart yearneth , nor thine eye watereth , at the miserable desolation and heavie calamity of others . Doth not this beast-like behaviour , and uncharitable carriage , argue a want even of naturall affection ; and what shall we think of such men ? are they not given up to a reprobate minde ? I am sure Saint Paul makes this defect in them a note hereof ; and S. Bernard cals them the children of wrath , that have no sense of Gods wrath ; nec tristantur in trist●bus , that are not affected with those that are afflicted . Howsoever it is an evident badge or cognisance of an unmercifull man ; and wh●t is more odious ? Yea , what more against nature , than to bee inhumane : when ( as Aretius , fitly , upon our Text hath it ) humanity takes its denomination from man. Oh that men would lay these things to heart , and from hence be moved to a more courteous usage of distressed and harbourlesse people ; then should not Gideons army faint for want of br●ad , nor a poore Levite passe from Bethlehem Iudah toward the side of Mount Ephraim , and have none to receive him to house : But churlish Nabal would have compassion on David and his men being in want , and send th●m some part of that cheere , which he had provided for his feast , to succour them therewithall . Vse 2. Let every one from hence learne ( as God hath made him in ability , and doth daily offer him opportunity ) to be carefull in the performance of this duty , comfort the distressed in their wants , yeeld supply unto them ; if harbourlesse , house them ; if naked , cloth them ; if hungry , feed them , &c. Quest. But must we doe thus unto all ? Are there not some who are thus in want , which deserve no such courtesie ? their pretenses it may be are evill , and shall we for al this succour them ? Answ. I answer : First , Christian wisdome and ●●ristian love , must goe hand in hand : here is a case in which charity must over-rule the matter ; and charity is not suspitious , but hopeth the best of every one , where there is no evident proofe or presumption to the contrary ; if thou receivest a distressed man , in the name of a righteous man , & givest him but a cup of cold water with a good heart , in that thou thinkest he belongeth to Christ ; let him bee what he will be , at his own perill , thou shalt loose neither gift nor reward , for Christ hath undertaken to repay thee . 2 Thou mayest for humanity or courtesie , receive a Turke or a Pagan , a Iew , an Infidel , or Heretick , to talk or table , for a night or a small time , so thou keep thy selfe from his pollutions ; we must be courteous and give regard unto wicked men , respect them , not as they are wicked men , but as they are men , love their persons , and loath their vices . So did Iacob feast his Idolatrous Father-in-law , and Kinsmen , when they pursued him to the Mount of Gilead with purpose to hurt him : & Chirst bids us feed our enemies , and give them drink if they thirst . So Elisha to the host of the Syrians , who being sent for to take him , yet when he had taken them and led them to the City , he would not suffer the King to doe them any hurt , but refresht them with meat and drinke , and sent them away in safety . Our outward courteous receiving of Infidels , is like unto coales of fire , to draw them in love with our inward religion . Pacomius a souldier under Licinius the Emperour , seeing the entertainment that Christian souldiers gave one to another ; how they pitied , helped , and succoured one another , being in want , or sick , or wound●d , was moved to approve of their Religion , which taught them so much goodness● , and was upon that occasion converted . Who knowes what good thy courteous cariage and kinde usage may do ? Howsoever , if it work not their conversion , yet it may further thine owne salvation , it being a fruit of faith , w ch shall further thy reckoning . Vse 3. Lastly therefore , for our further encouragement to the performance of this duty , and our better direction in the manner of doing it , let us consider certaine motives to induce us thereunto ; and some particulars concerning the matter wherein , and the manner how it ought to be performed . The motives may be taken either , 1 From the examples of others , who have thus done , who have beene courteous and hospitable unto distressed strangers , and especially of the faithf●ll . The Scriptures are full of presidents to this purpose : in Genesis wee may reade of Abraham and Lot : of Laban to Abrahams servant , who bad him come in , and prepared house-roome for him and his Camels : In Exodus of Reuel , the Father-in-law of Moses , who before hee was acquainted with him , gave succour unto him , called him in , gave him bread , &c. when he was fled from the fac● of Pharaoh , who sought to slay him : In Ioshua of Rahab : In Iudges , of the old man of Gibea , who entertained the poor Levite : In the Kings , of the Widow of Zarephath , who entertained the Pr●phet Eliah , and gave him bread and drinke : In Iob , of himselfe , who would not suffer a stranger to lodge in the streets ; but opened his door to the traveller . In the New Testament we may reade of many : but these may be sufficient to stir up any man to the performance of this duty , if they have any desire to doe as faithfull and holy men have done : but if this will not do it ; to shame us , we may produce the examples even of Heathens , of Barbarians ; who ( as our Apostle in our Text witnesseth ) have shewed no little kindnesse to men in heavinesse : they by the light of nature saw , how that God had a care over strangers , therefore they worshipped , Iupiter hospitalis . Oh wha● an ignominy and reproach is this unto Christians ; whose name and title should put them in minde of pitie and compassion , to be even out stript by heathens ! and that barbarous savage people , should be more curteous than those , who in outward shew would seeme to be most pious ! surely these at the last day , will rise up in judgement against many in this Kingdome , in this Countrey , in this Place : oh with what face wilt thou pleade for mercy , when thy conscience shall accuse thee for being unmercifull I wilt thou say unto the Iudge , neminem occidi , I have killed no man ; surely hee will reply , but thou hast deprived many of their goods , thou hast denied them succour , whereby they might p●eserve life , &c. Oh what ● woefull prosp●ct will i● be unto thee , to see those who have perished through thy default , to stand and accus● thee before Gods Tribunal ▪ and to have not only Gods faithfull people , but even Infidels and Ba●barians , to witnesse against thee in this particular ! 2 Consider , it is a commendable worke , friendly to succour those that are in distresse ; yea , so praise-worthy is this vertue , that our Saviour Christ will speake it to the glory of his elect at the last day , when he shall cal them to inherit the kingdome prepared from the beginning of the world for them , saying , I was an hungry , and yee gave me meate ; thirsty , and you gave mee drinke ; a stranger , and ye took me in ; naked , and ye clothed me ; sick , and yee visited mee , &c. hath not the H. Ghost recorded the memorable examples of the faithfull in this kinde to eternity , for their everlasting fame and renowne ? When the Scripture speakes of Abraham , Lot , Iob , and the rest before named , how they were hospitable , is it not spoken to their glory ? and what could bee spok●n to the greater comme●da●ions of a man , than S. Paul of Gaius , when he saith ; Gaius mine Host , and the Host of the whole Church ; hee was no Inne-keeper , but his house was as open as an Inne to receive distressed Christians ; whose love and affection towards them , made S. Iohn to rejoyce : if this be the man ( as Ambrose thinketh ) to whom he wrote his third Epistle , surely it was a title of grea● worth , which the Apostl● there gives him ; and assuredly perswade thy selfe , that as he that shall give unto those that have no need shames his Father ( as Soloman speaks , ) so on the contrary , he that shall distr●bu●e to those that have need , he is a glory to his family . 3 As it is commendable , so its profitable ; never di● any man lose yet , by being truly hospitable : we may read of many that have gained by it ; the examples of all those afore-named Saints are a sufficient witnesse hereof : did not Abraham and Lot , hereby entertaine Angels at unawares ? Had not the one with them the promise of a Sonne , and destruction of Sodome revealed unto him ? and was not the other delivered frō the same ? Did not Raguel get a good match for his Daughter ? and was not Laban blessed for entertaining of Iacob ? How profitable was that nights lodging that Rahab gave unto the Spies ; was not she and hers by this meanes saved in the sacking of Ierico ? Surely , surely , this is a fruitfull and a gainfull course of Christianity ; and so acceptable unto God , that he will not suffer it to go unrewarded ; the Holy Ghost is very ample and large in describing the benefit that is gotten , by the due manner of performing of this duty ; to omit many other places ; that in Esay afore-named declares as much ; when the Lord by his Prophet had shewed the people , how they should deale their bread to the hungry , &c. in recompence thereof he addes ; then shall thy light break forth as the morning , and thine health shall spring forth speedily , and thy righteousnesse shall go before thee , the glory of the Lord shall be thy rererereward ; then shalt thou cal and the Lord shall answer , &c. In a word , so gainfull are the workes of Charity in this nature , that both GOD , our selves , and others reape profit hereby . God , in regard it is a means to procure praises unto him , from them whom wee relieve : wil not they say , God I thanke thee which hast raised up such an one to administer succour unto me in my distresse : thus men by their riches and increase may be said to honour the Lord. Our selves , in regard of the manifold mercies and favours , which for thus doing are powred upon us ; mercies which are great in number , excellent in quali●y , and everlasting for durancy . Others , for that by this meanes , such as are able and at liberty , may by our example , bee stirred up to the p●rformance of so gainfull a duty , and those that ●re distressed , shall be much comforted and relieved . Oh then , say not , that it is in vaine to succour the harbourlesse , and relieve those that are in misery : but remember the promise , The liberall soule shall be made fat , and he that watereth , shall bee watered also himselfe . Thinke upon that proverbial speech of Solomon , Cast thy bread upon the waters , and after many dayes thou shalt finde it againe . When men bestow their gifts for they know not what , they are wont to say , I had beene as good , I had throwne my money down the River : but in this case , though we seeme to throw our money or our food into the River or Sea it selfe , wee shall have it restored with advantage , and even then when we thinke all is forgotten . But this is a Paradox to miserable niggards , who are meere strangers to commiseration and pity ; they ●hink al too much that goes this way , and esteeme it no better than lost , as Iudas did of the Box of Ointment : Hence it is they are so loth to contribute to the nece●sity of any , and one penny to the poore distressed comes as hard from them , as if a distresse of a fine or an amercement were to be extorted of them : these indeed are such to whom the Lord hath given riches , but they know not how to use them . But did we indeed seriously consider the great benefit that comes by our workes of mercy , wee would bee more forward in time of distresse to shew pity . If what hath beene spoken will not be enough for our encouragement to this duty , then , in the last place , 4 Consider that ancient rule , Fac aliis fieri , quod cupis ipse tibi : It was given by our Saviour , Whatsoever you would that men should do to you , doe ye even so to them , which ( as S. Augustine saith ) must be understood of an upright and just will. For when we desire to have any thing done unto us which is upright and just , it is meet that we performe the same thing unto another man : but if we our selves should desire any thing that is filthy or unjust , then it is not meet that we should do the same thing unto our neighbour : for suppose there were an unchaste and wicked man , which through filthy counsell would b●e content his wife should play the harlot ; shall he therefore without sin defile another mans wife ? And if a man being in desperation , in adversity , would desire that one shold kil him , shal it for that cause be lawfull for him to kil his neighbour , surely no : therefore in an upright and a just way , let us do unto others , as we would they should do unto us . And wouldst not thou be pitied in distresse ? Suppose that thou wert the object of misery , and that God should impose upon thee , what thou seest inflicted upon others ; wouldst thou not desire reliefe ? would not thy heart yearne after compassion ? wouldst thou not complain as the Church in the Lamentations ; Is it nothing to you , al ye that passe by , &c. Wert thou ( to instance in this particular of my Text ) the man that shouldest suffer shipwrack , and to have both life and goods in danger of losing ; wouldst thou not cry out ; oh Friends , oh Countreymen , helpe and save me , or else I perish ? and shouldst thou in this sad disasture , lose both life and goods , and have thy body and all exposed to the open aire upon the stony beach , wouldst thou not willingly have that poore carkase of thine , to be covered with earth , & hid from the publik view of all passengers : or wouldest thou otherwise justifie the proceedings of those , that should wreak and teare thy goods from thee before thine eyes , and make sale of thine owne commodities , not respecting thy private interest in them ? Wouldest thou thinke it well done , or conscionably done , of such as should extort upon thee , in the purchase of some convenient necessaries , either to feed or cloath thy body , or safely to shelter the remainder of thy goods : Oh tell me , doth not that great witnesse within thy breast avouch unto thee , that in every of these particulars thou wouldest desire mercy ; and that if thou wert the man , that shouldest thus suffer , thou wouldest also be he that should crave reliefe : well then , thou knowest not how soone thou mayest be the man : be perswaded then , from the consideration of this , to cloath thy selfe with the robes of pity , towards them that are in misery ; assuring thy selfe that this is the way to make others to heare thee , when thou makest moane to them ; if thou wilt hear others when they make moan to thee , to comfort thee in thy sorrowes , if thou wilt comfort them in theirs . And thus much for the encouragement to the performance of this duty . 2 The next thing is for our direction , and that first for the matter wherein it must bee performed ; wee are to know that both our thoughts , words , and deeds , are to bee exercised in this duty of pity and compassion , towards distressed people . 1 Our thoughts , we must meditate upon their misery , that thereby we may whet up our affections , to compassion and commiseration towards them ; to this purpose we should thinke with our ●elves , that if their case were ours , what a wofull estate would we deeme our selves to be in ; questio●lesse this was Iobs wont , Did not I weep for him that was in trouble ? was not my soule grieved for the poore ? The Prophet Esay describing a bountifull man , saith that he Will devise of liberall things ; that is , he will meditate and thinke with himselfe , when and where and how to bestow his gifts , for the best advantage and comfort of the distressed . Hence it is , that the Psalmist pronounceth a blessing unto him , that considereth the poore , the Lord will deliver him in the time of trouble . 2 Our wo●ds ; and that by speaking comfortably unto them ; and by speaking unto God for them . 1 Mercifull Ioseph by consolatory speeches , raised up the hearts of his poore brethren , when they were cast down with feare ; whereas on the contrary , churlish Nabal , by his froward and untoward language , in disgracing David and setting light by his person , saying , Who is David ? and esteeming no better of him and of all those that were with him , than runnagates from their master ; this , I say , could not choose but disconsolate the hearts of his Young men who were then in distresse . Iob tels his friends , that if they were in the same case that himselfe was in ; that is , in so great extremity as he was , That he would then strengthen them with his mouth , and the moving of his lips should asswage their gri●fe . ●hen indeed have men most need of cheering up , when they are by misery most pressed downe . Temporis officium est solatia discere certi , Dum dolor in cursu est — 2 We must ●peake unto God for them , and that by our praiers , by commending and rem●mbring their afflicted estate ; a meanes which the poor●st man that lives may use , and be hereby a sp●ciall assistant unto his affl●cted brother : what though thou hast not wh●rwith to lodge him , no bread to feed him , never a penny to relieve him ; yet so long as thou hast a mouth to speake , or a heart to conceive , thou mayest either by outward expressions , or inward ejaculations , be a comfort unto him , for prayer hath a large extent ; and poverty doth not deprive a man of this priviledge , neither take away the presence of Gods spirit , or the vertue of his promises ; and who can tell , but that thou by thy prayers mayest obtaine that for thy poore distressed brother , which he himselfe with his own cannot doe ? see an example hereof in Iob ; God was pleased to accept his prayer which he made in the behalfe of his friends , rather than their own , which they made for themselves . The●e are means which God hath appointed and blessed , for the great good of such as are in misery ; these support in trouble , these sanctifie afflictions , and remove them , these have evermore beene accounted as speciall helpes in the time of distresse , when they have beene faithfully used , either by the afflicted themselves , or by others for them : see Iosh. the 7.6 . to 10. 3 Our deeds : and that as the need of the afflicted shall require , and our ability give us leave : for we must not love ( as the Apostle saith ) in word and tongue onely , but in deed and truth : for what availeth it ( saith S. Iames ) If a brother or a sister be naked and destitute of daily food , and one of you say unto them , Depart in peace , be you warmed and filled ; notwithstanding ye give them not those things which are needfull to the body : No , we must do more than this ; there must be reall expressions of this duty , as we shall hereafter shew in the second part of our Text , when wee come to speake of the thing wherein this courtesie of the barbarous people was shewen . In the meane time let this suffice for our direction concerning the matter wherein this duty must bee performed ; a word or two for the manner how , and so we will proceed to the next point . In our workes of pity and compassion towards the distressed , such as are harbourlesse , &c. Wee must know that they are to bee done , speedily , willingly , and wisely , 1 Speedily ; the common Proverb is , Optimum condimentum beneficii celeritas , & bis dat qui cito dat ; the best sawce to a good turne is to doe it quickly , and who giveth so , giveth twice ; thou must not say , go and come againe to morrow ; delayes in this kinde may be dangerous : for eith●r the object of thy compassion may perish , while thou with-holdest thy helping hand ; or else ( as Mordecai sometime told Hester ) GOD may by other meanes send helpe and deliverance , and so thou shalt lose the honour of being a meanes , and an instrument under God of his delivery , as Deborah said to Barak ; it shall not be for thine honor . 2 Willingly , not grudgingly , nor of necessity , for God loveth a cheerefull giver : hence S. Paul saith , Given to hospitality , where is a great emphasis in that phras , noting an eager affection and following of a thing ; as we say of a covetous man , given to money ; of a drunkard , given to company ; of a common gamester , given to play , &c. the meaning is , he hath a longing desire , and is ready upon all occasions to doe it . This willingnesse appeared in Abraham , who waited not untill strangers came home to him , to desire to be received in , and to require harbour ; but going of his owne accord out of his Tabernacle , he looked round about to see if he could espie any stranger whom he might receive into his house , and if he saw any , he ran to him , and prayed him not to passe his house ; If I have found favour in your eyes , &c. So L●t sat in the Gate of the City , not as a Iudge , because he sat in the Gate , which was the place or judgement ; nor to meet his Sheepherds , that hee might bee present at the folding and stalling of the Sheepe ; but ( as Calvin thinketh ) because hee would let passe by no occasion to doe good , when he saw strangers to passe by , upon whom hee might bestow his benevolence . 3 Wisely ; A good man is mercifull and lendeth , and will measure his affaires by judgment , and knowes when and where to bestow his favours : the truth is , most men through want of discretion mistake this duty , and glory much in their hospitality , while they keep Great Houses , have great resort , and company flock unto them , but in the meane time , there is little or no entertainment for the poore religious distressed strangers that are in want and necessity ; these are shut out of doores , which indeed , especially shou'd bee let in . Questionlesse the rich Glutton kept such hospitality ; Gallants , and Good-fellowes , and Gentlemen of the Countrey had entertainment enough at h●s Table , but poore Lazarus must be gone , there is neither meat nor lodging for him nor such as he was . This I say is a great mistake in the performance of this duty , which indeed hath ( as will appeare when we come to speake of the latter part of our Text ) for its proper object , such as are in misery . But let this suffice to have spoken of the first part , viz. The persons who shewed this courtesie or entertainment to the Apostle and his company , namely , The barbarous people . 2. Now more particularly , we are to speake of the thing wherein it was shewen , with the Apostles acknowledgement of it , They shewed us no little kindnesse ; for they kindled a fire , and received us every one . Wherin we may observe : 1 Them truly hospitable . 2 S. Paul , truly thankfull . 1 Their hospitality was right : for they observed that Rule of Charity according to S. Iohns direction , Non tantum verbo , sed opere ; not to love in word and tongue only , but in deed and truth . Had they onely commiserated their estate , with termes of alas poore people , wee are sorry for your sad disasture , God helpe you , and send you house-roome , &c. the● might the truth of their commiseration have beene called in question , and themselves found to be guilty of a cold charity , and lip love , which is common every where , and no whit availeable to such as are miserable . But they went further than so , and performed that part and office of kindnesse unto them , which did carry an expresse signification of their ●ender commiseration and compassion towards them ; For they kindled a fire , and received them every one . From whence wee may observe that , They are truely hospitable , who not onely in word and tongue , but in deed and truth are charitable . A doctrine much like unto that which went before it , for the matter , though now commended unto you in another forme . S. Paul in his exhortations to this duty of hospitality , for the most part useth such a word , as signifies , one friendly to strangers , and ready to lodge and entertaine them . For hospitality indeed ( as it is defined by some ) is a relieving of strangers which are destitute , and taking them and entertaining them into our houses . It is a species of beneficence or liberality , Qua peregrinos & hospites , vera benevolentia , & omnibus officiis hospitalibus complectimur ; whereby we entertaine strangers and ghests with true benevolence and all duties belonging to hospitality . He is truly harborous ( saith Luther ) not which wisheth well , and speaketh fairely , but which cheerefully and heartily receiveth and entertaineth strangers . In all those aforenamed examples of Abraham , Lot , &c. that w ch made them truly hospitable , was not their good words and courteous speeches , their well wishes , and faire proffers ; but their reall expressions of charity in some outward actions ; as in Abraham , his calling for water , washing their feet , his making of cakes for them , his dressing of a Calfe , his setting before them Butter and Milke , &c. In Lot , his making them a Feast , in baking unleavened bread for them , &c. In the Shunamite , her calling in the Prophet , constraining him to eat bread , and consulting with her husband to make a chamber for him , to set a Bed in it , a Table , a Stoole , and a Candlestick , to entertaine him when he came that way ; these were lively demonstrations of true hospitality . So the Inhabitants of the Land of Tema , They brought water to him that was thirsty , and prevented with their bread , him that fled . H●re was more than good words , more than courteous language , more than kinde proffers only ; here indeed was that which made them truly hospitable , their deeds of charity expressed in a reall performance of such offices , as did serve for the comfort and refreshing of those which were in want and misery . Now least any one should thinke that every man which is bountifull , is truly hospitable ; we are for the further amplification of this point to consider , that this duty stands not in the entertainment of all sorts ; I meane of drunkards and vitious persons , in keeping open house for gaming and such like sports and disorders , or in feasting of carnall men , which indeed beares the name of hospitality among many in these dayes ; but it is to be shewen unto such as are in want and distresse , to those that are not otherwayes able to helpe themselves , and especially to such as suffer in a good way , and for a good cause , according to the Apostles Rule , Doe good unto all , but especially to them that are of the household of faith , as being bound to them , not only by a bond of humanity ; but of fraternity ; by which meanes we are tyed so much the faster , as grace is superiour to nature ; and are therefore the rather bound , to performe the reall acts of charity towards them ; though we are not to neglect it to any in some measure , which are in want and misery . Now the reasons why they are truly hospitable , who not onely in word and tongue , but in deed and truth are charitable , may be these . Reas. 1. Because to speake kindly , and to proffer fairly , it is but the least part of this duty ; true it is , comfortable wo●ds uttered to a man in misery , are spoken in their place , and therfore are compared by Solomon , To Aples of Gold with pictures of silver . Yet are they in themselves simply considered , but adjuncts and attendants on this duty of hospitality , without which it may subsist in its bare nature ; and therefore they being presupposed alwayes to go with it , and attend on it , may indeed be said to be necessary , ad bene esse , to the well doing of this worke ; but not necessary simply , ad esse , as if it could not be done without them . Reas. 2. Because , if reall performances bee wanting , the party in distresse is little benefited ; though pleasant words are as an Honey-combe , sweet to the soule , and health to the bones ; yet must we not thinke that men are of the Camelion kinde , to live with Ephraim upon winde ; to be fed with faire words and curteous speeches : no , he that shall thus do , sine supplemento necessitatis , ( as the Schooleman speaketh ) without supplying of their wants , shall profit them but little . Reas. 3. Because in true hospitality , there must bee shewen , as well the outward as the inward acts of mercy ; now the inward acts of mercy , are onely the pitying and commiserating the estate of the afflicted , bewailing and and lamenting their heavie mis-hap , &c. But the outward acts go further than so ; there be seven of them appertaining to the body ; comprehended in this Verse , Visito , poto , cibo , redimo , tego , colligo , condo . To visit them which be sick , to give drink to them which be thirsty , to feed thē which be hungry , to redeeme them that be in captivity , to cloath the naked , to lodge the harbourlesse , and to bury the dead ; they which shall thus do , may indeed be said to be truly hospitable , because not only in word and ●ongue , but in deed and truth they are charitable , as these Miletenses here were , who kindled a fire , and gave house-room to Paul and his company , which at that time were in want and misery . Vse 1. The consideration of this , reproves the great neglect of this duty , in most people . Many there are whose mouthes are open , but their hands are shut , which speak much and do little , and yet would faine bee counted truly hospitable ; they will wish well to them that are in misery , but effect little for them ; be as free of their kind speeches , as that Popish Prelate was of his blessings : who being asked a penny by a poore man , hee would not give it , but offered to blesse him ; which the poore man refused , because he thought that if it had beene worth a penny , he would not have given it unto him . Much unlike that noble and charitable act of Ptolomeus the Thebane Captaine , who beholding one in misery that demanded of him an almes , and he having at that present nothing to b●stow upon him , pulled off his shooes & gave them him , saying , That hee had rather go bare-foot than see him suffer so much . But alas , it s wonderfull to se● , how the hearts of men are hardened in this kinde ; and how that which in old time was highly esteemed among all Nations , is now little regarded by any : we may truly take up the Prophets complaint , Mercifull men are taken away , there is little or no mercy in the Land : or if a droppe of it bee got into the hearts of some , its like to Iudah's goodnesse , which was compared to the morning dew , quickly dried up : a poor distressed harbourlesse m●n , may now adayes wait for some Samaritane , to come and prove himselfe a neighbour , to have compassion on him , and to take care for him , when his owne Countreymen ( more barbarous than the Heathens ) will shut the doores against him , and suffer him for to pe●●sh . O● my beloved , what is this but to grieve thē that are in misery ? And can God away with such unmercifulnesse ? such want of pi●ty ? Surely no ; Magna abominatio coram Deo est , afflicto addere afflictionem ; it is a great abomination before God , to adde affliction to the afflicted ; and accounted by the Heathen , as a most inhumane part . I beseech God , this sin and great abomination , be not laid unto the charge of some of you which heare me this day : I doubt mee you have beene wanting in your deeds of charity towards those poore distressed people which suffered shipwrack , even at your home , in the very mouth of your Haven : I am sure , I cannot say of some ( the more is the pity ) as S. Paul saith here of those barbarous people , that They kindled a fire , and received them into their houses . I would to God I could not speake the contrary ; or that I might have been silent in what hath beene spoken . But my zeale to Gods glory , and the desire for the salvations of you al , commands me not to flater : should I not put you in mind of your sins , I should not be a good Minister of Iesus Christ , whose Embassadour I now am : and were I before the greatest Emperour in the world , my resolution should be , as that of Ambrose to Theodosius , Neque imperiale est dicendi libertatem negare , neque Sacerdot ale quod sentia● non discere . Neither becommeth it you to forbid free speech , neither beseemeth it me , to keepe in silence what I should speak . Vse 2. In the second place , therefore suffer the words of exhorta●ion , & be stirred up to a reall performance of this duty , Let your love and hospitality be without faining , without hypocrisie , that is ( as Saint Iohn explicates it ) not in word and tongue , but in deed , and truth . When you see the distressed , doe not onely pity them , and mourn with them , &c. but go to them , sit with them , speake for them , now to God , now to man , assist them , direct them , comfort them ; and ( as thy ability wil amount to ) relieve them , cloath the naked , feed the hungry , receive the harbourlesse , &c. As considering ; 1 Thou art hereunto commanded : God cals upon Moab to let his outcasts , ( that is , his harbourlesse people , such as were chased by the enemy ) to dwell with him ; and he would have them be as a covert to them from the face of the spoiler . 2 They that want it , are made after the same image that thou art framed , endued with the same shape , live under the same governement and providence of the Creator , and ( as thou oughtest in charity to think ) within the compasse of Gods election . 3 Thy profession of Religion , is hereby knowne to be sincere , for that indeed is pure Religion and undefiled before God , when men are truly mercifull to such as are miserable , To visite the fatherlesse and widowes in their affliction , &c. 4 Lastly , it will argue not only a beginning of a spirituall life in thee , but give thee an assurance of an eternall life laid up for them , which Christ himselfe hath promised to reward all those with , that commiserate , and out of commiseration , are carefull to supply and relieve the wants and necessities of any , but especially his distressed ones , as reckoning whatsoever in this kinde is done to them , to be done unto himselfe , Mat. 18.5 . Oh , let not any objections against the reall performance of ▪ this duty prevaile with thee : what may be alledged against the profitable effect and fruit hereof , Solomon in his Ecclesiastes by divers similitudes hath most wisely answered . Tell mee not that thou wantest objects , whereon to exercise this chiefest work of charity ( as one cals it . ) The Yeare is not yet gone about , nor the twelve moneths fully expired , wherein you beheld almost ( if not altogether ) as sad a spectacle upon your Coasts , as that which happened the other day ; and was not there occasion enough offered for the performance of this duty : but suppose none of these things should so come to passe ; step but into thy neighbours house , and there thou shalt finde poverty in the Chimney-corner , want in the Cup-board , never a penny in the purse , scarce any clothes upon the back , and wilt thou yet say , thou wantest objects ? No , but I want meanes : Meanes , why tell mee ; where hast thou withall to fea●t the rich ? to drinke with thy friend ? to spend upon thy pleasure ? to maintain brawls and contentious sutes ? to go bravely ? and with the rich Glutton to fare sumptuously ? to build curiously ? ( in some desolate place ( as Iob speaketh ) for thy selfe , that the poor and stranger should not trouble thee , ) where hast thou I say for these things ? may nothing be spared from hence ? hast thou wherewith to do all this , and not a penny for the distressed ? a halfe-penny for Christ ? doest thou yet want meanes ? No , not for the present : but what shal my Wife and Children doe hereafter ? Oh faithlesse man , darest thou not trust God ? is the Lord so barren of wisdome , or destitute of power , as that he cannot enrich the one , but that he must empoverish the other ? surely no ; providence for thy everlasting estate , doth nothing impaire thy present estate ; and thy liberality doth augment and not diminish thy childrens prosperity : for thou shalt assuredly reape , not onely according to the matter , but also according to the measure of thy mercy . Oh thou canst not put thy stock into a surer hand for safety without any perill of losing , nor meet with a more commodious bank for gain , as to have the principal doubled and tripled , and increased , more than ten thousand fold . Content not thy selfe then with the inward acts of mercy only , but make a reall expression of this duty of hospitality , by some outward deeds of charity , as these Islanders here did to S. Paul and his company , who kindled a fire for them , and received them every one . Thus much of them truly hospitable . 2 Now S. Pauls thankfulnes appeares in these words , They shewed us no little kindnesse : alas , the matter was not so great , to set open the doore , and to suffer poore , naked , cold , and harbourlesse men to come in , and to throw a few sticks on the fire , to make some warmth for them : yet this being shewen to good S. Paul in his misery , is both commended and acknowledged by him as a great courtesie . From whence we may learn , Good men will be thankfull for common and meane kindnesses shewed to them in their distresses . The many acknowledgements which in Scripture are recorded to be made by Gods people , of the benefits and favours which have been conferred upon them , by o●hers in their distresses , are as so many demonstrations hereof . Deborah forgets not what Iael did for her , in slaying of her enemy Sisera ; and therefore to congratulate her kindnesse , shee thus sings in her Song ; Blessed above women shall Iael the wife of Heber the Kenite be : Ruth , the daughter-in law of Naomi another vertuous woman , being a stranger in the Land of Moab , and in want , having received but a reasonable courtesie from Boaz , see , how thankfull she was for it ; it was but to have leave to gleane , and to drink water out of the vessell ; yet she doth not despise nor extenuate this benefit , by saying , What is this that thou dost bid me to gather eares ? doth not the law of God grant this to the poore ? What is this that thou doest offer me drinke when I am a thirst ? water is commonly to bee used ; wherefore doest not thou give me some notable gift , sith I am poore , and thou rich , &c. She doth not thus expostulate with him , but in a most humble manner wondering at his kindnesse , fals on her face , and bowes herselfe to the ground , and sayes unto him , How have I found favour in thine eyes , that thou shouldest know me , seeing I am a stranger . Memorable to this purpose are the examples of David and Elisha ; the one , not once or twice only , bu● often mentioneth the good turnes by him received , and studieth to requite them . The story relates what favours he found at the hands of his trusty Ionathan in the time of his persecution ; and it is not silent in expressing his thankfulnesse for them ; not onely in Ionathans life time , but after his death ; he makes Proclamation , Is there yet any that is left of the House of Saul , that I may shew him kindnesse for Ionathans sake : the like he proffered to Hanun the sonne of Naehash , for his fathers sake ; for some kindnesse that hee had shewed unto him ( as it s thought ) for receiving of him when he fled from Saul . And because that neere relations should affect our hearts for benefits bestowed on them to whom we are united , either by kindred and alliance , by nation or profession ▪ he was not unmindfull to requite the kindnesse of the men of Iabish-Gilead , which they shewed unto the dead body of his predecessor and Father-in-law Saul ; yea , so carefull was hee to have this duty of thankfulnesse performed , that it is part of his charge that he gave unto his son Solomon a little before his death , wishing him to shew kindnesse unto the sons of Barzillai , and to let thē be of those that eat at his Table : for so They came to me ( saith he ) when I fled because of Absolon thy brother . The other , viz. Elisha , studied with himselfe how to requite the woman of Shunem , Behold thou ha●t beene carefull for us with al this care ; What is to bee done for thee ? Wouldest thou be spoken for to the King , or to the Captaine of the Hoast , & c ? Even so this blessed Apostle S. Paul , not only in our Text , but in diverse other places commending the duties of courtesie , which were shewen unto him , expresseth his thankfulnesse ; as to the the Romans , the Galathians , the Philippians , and so to the house of Onesiphorus , hee prayes for mercy , because he oft refreshed him , and was not ashamed of his chaine , &c. Thus have GODS people evermore acknowledge● such kindnesses as have been shewed to them in their distresses . Reas. 1. Because they are endued with truth and justice , which are the two principall parts of gratitude : the one acknowledging from whence , and what it is that is received ; and the other , rendring one good turne for another . Hereupon Zenophon among the praises which he gave unto Agesilaus , reporteth it a part of injustice , not onely not to acknowledge a good turne , but also , if more be not rendred than hath bin received . And Socrates was of opinion , That an ungratefull person could not be of a noble minde , nor yet just . Reas. 2. Because they are humble and lowly conceited of themselves ; and do rather admire , than any way neglect or contemne the least courtesie that is done unto them ; they see in themselves that which may rather withdraw mens affections from them ; and therefore are ready to say with Mephibosheth , when David proffered him so much kindnesse for his father Ionathans sake , as to restore him to al the lands of Saul his father , and to let him eat bread at his Table continually ; What is thy servant , that thou shouldest looke upon such a dead Dog as I am ? But especially in expressing their gratitude towards God , they are ready to say as David doth , What is man , that thou art mindfull of him , and the son of man , that thou visitest him ? Or else more particularly of their owne persons , with the same Prophet , they are ready to cry out , Who am I O Lord ? and what is my house , that thou hast brought me hitherto ? Thus , I say , being ready alwayes to acknowledge their owne unworthinesse , they secretly insinuate their thankfulnesse , and put away from them that hatefull vice of ingratitude . Reas. 3. Because they look up unto God , from whom these kindnesses shewed unto them in their distresses , originally do come ; and so beholding him in the giver , they are thereby much stirred up to this duty of thanksgiving ; not only unto God , who is the principall author and giver of every good giving , and every perfect gift , that they enjoy ; but also unto the creatures , who are as Gods hand in bestowing his mercies on them ; or ( as one cals them ) his Carriers , whereby his favours are brought unto thē , unto whom in the Lord , and under him they are not unmindfull to return thanks , for their paines and care in bringing Gods blessings to them . Vse 1. The consideration of this point stands in opposition to a vice , which is too too common in our times ; and justly reprehends it , for its being in such an age , wherein we are loaden with many kindnesses both from God and man. Many there are , who forget such favours as were shewen unto them , in their misery , and obscurely bury them in the pit of oblivion : like Pharaohs Butler , who in his prosperity forgot his friend Ioseph , and what pleasure he had done him in the time of his adversity . Or those Lepers which our Saviour healed , scarce one among tenne doth returne to give thankes : the favours which they receive , in this particular may be likened to wounds , the remembrance whereof continues ( as we are wont to say ) but for the space of nine dayes , no sooner ripe than rotten . If that be true which the Cynick hath said Nothing waxeth sooner old than a good turne or benefit : and yet there are a worser sort than these , who as David complaineth , reward evil for good ; a fearefull case : for doubtlesse , if to returne evill for evill , be a sin in some na●ure damnable ; then to return evill for good received , is far more inexcusable . The Scripture is full of examples for this purpose : thus Laban rewarded Iacob : and Saul David , as appeareth by the words of Ionathan , 1 Sam. 19.4 . compared with Psal. 35.12 . And thus the men of Keilah ; notwithstanding they were preserved from their enemies by Davids meanes , yet they made but a wicked retribution hereof , in being forward to deliver him up into the hands of his enemy Saul : poore David ; he was better conceited of them , and could not be perswaded that they would be so sinfull , as to make such an ungratefull returne unto him for his kindnesse : and therefore twice in the first of Samuel 23. he demands of the Lord , O Lord God of Israel , I beseech thee tell thy servant , will the men of Keilah deliver me and my men , into the hands of Saul ? They will deliver thee up , saith the Lord ; and so questionlesse they had , if David had staied there . It was no lesse abominable ingratitude in Ioash King of Iudah , who unjustly caused to bee put to death , the son of Iehoida the High Priest , which Iehoida , had saved his life , and advanced him to the Kingdome , and therefore to his disgrace it is left upon Record untill this day , and shall so remaine , as long as the Sun and Moone endureth , That Ioash the King remembred no● the kindnesse which Iehoida had done unto him , but slew his sonne . Oh , I would to God , that this age wherein we live , could not afford us examples for this so hatefull a vice : but alas , how do most men slight , not onely Man , but God , who gives unto them life , health , food , raiment , liberty , peace , plenty , seasonable times , and such like ; and in a most carelesse dis-respecting manner , passe by all the good turnes they receive from either : how many hundreds have beene cherished releeved , and yet have not returned thankes : where shall a man finde a gratefull Samaritan ? or such an one as Elisha was , who will study with himselfe , to requite a good turne ? surely the number is but small , unlesse it be some good Deborah , some vertuous Ruth , some godly David , some religious Paul , to whom thou shewest kindnesse , it s very likely to be either passed over in silence , or else returned with ingratefull impudence . Vse 2. From hence , let all men learne , who from others have received kindnesses , from the example here of S. Paul , and other of Gods people mentioned in the Scripture , to returne thankfulnesse , and you especially among the rest , whose lives were preserved in this so great a streit , and had your bodyes haled by the strength of men , from the violence of the waves , that you might not be drowned ; take notice of the meanes ; enquire after the men , and acknowledge it with S. Paul in my text , to be no little kindnesse ; Let your thankefulnesse appeare , by some reasonable recompence of their labour and paines ; ôh , how would this animate and stirre them up , to do the like to others , and in the same times of misery , do the best they can , in the workes of mercy ; I doubt not , but that it would prevaile with some , if not with all . But on the contrary , when they shall bee sleighted , and receive nought for their labour , but trouble and sorrow ; this stoppes the streames of their charity , and makes it , that in these cases , it flowes not so freely as otherwise it would , for indeed a great part of our men are like the spring Solinus speaketh of , that riseth and runneth over , while men sing and play to it , but falleth and sinketh againe as fast , so soone as they cease . Surely , kinde retributions would move them , and courteous requitalls make you the more worthy of their paines ; whereas indeed the contrary , ( not only here with us , but also in other places ) makes many men , as well short handed as close fisted , yea and hard hearted in these times of distresse . Therfore so many Inns and Victualling houses , ( saith Calvin ) which declare our corruption ; and prove , that it commeth to passe through our fault , that the principall duty of humanity among us , is decaied . Oh then study to be thankfull ; and thou that gettest any good done to thee by any man , at the least , meete him with gratitude . It is mervaile ( saith one ) how a man can lie downe without this consideration , especially ( say I ) if he remember how that it is a duty by God commended , and the neglect therof by him punished , the contrary being a vice so hatefull , that ( as the heathen man saith ) when thou hast called a man by it , thou hast spoken the worst thou canst of him . The lawes of Athens , Persia , and Macedonia , by the light of nature , strictly condemned it , and made such persons as were guilty of it , subject to accusation and sharpe punishment ; In old time , liberties and franchises , were for it revoked , and a man ( saith one ) were better never to receive a benefit , than to be unthankfull for it . What should I say more ? I beseech you , doe your selves that right , as to consider of it ; Be thankfull unto God , as the principall agent ; to man , as the Instrument of your safety ; ôh let not the remembrance of this so great a deliverance passe from your thoughts ; you who are now living to heare this duty pressed unto you , might have been of the number of those whose bodyes your own eyes beheld , lying dead and naked upon the shoare , some pittifully bruised through the violence of the waves , others miserably torne with beating against the rockes ; well , think upon it ; you are some of those which the Psalmist mentioneth , that are much indebted unto God for deliverance , you go down to the Sea in ships , you doe businesse in great waters , you see the workes of the Lord and his wonders in the deepe , how he commandeth and raiseth the stormy wind : which lifteth up the waves thereof , &c. and when you cry unto the Lord in your trouble , he bringeth you out of your distresses . He ( often ) maketh the storme a calme : so that the waves thereof are still , and he brings you unto your desired haven . Oh , therefore that you would praise the Lord for his goodnes : and for his wonderfull workes to the children of men , and give unto those who are the Instruments of your deliverance , their deserved dues ; forget not the example here of our blessed Apostle , who forgot not a common courtesie that was shewed unto him in his misery , but acknowledgeth with much thankefulnesse , the reall performance of a small kindnes , saying , the barbarous people shewed us no little kindnes , for they kindled a fire , and received us every one . Thus much of S. Paul truly thankefull . 3 It remaines now , to speake of the last particular of this text , viz. the reason or occasion which moved these people thus to doe , and that was , because of the present raine , and because of the cold . It is called in the originall , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a forcing raine , imbrem urgentem , a smoaking shower , which mightily fell upon them , &c. Doubtlesse , their case was lementable and much to bee pittied , their misery being not single , but manifold ; when as their goods were lost , their bodies well washed and be-daggled with the brinish Sea ; their joynts benummed , not onely with the waves , but also by meanes of this violent storme , and extremity of cold , being in the winter time ; insomuch , that ( alas poore men ) its likely they were scarce able to stand ; besides , they were not yet freed from their former feare of loosing their lives in this so heavy a stresse ; their being in a strange place , and present want of food and rayment , &c. All which these barbarous people taking notice of , were thereby moved and stirred up , to shew them kindnesse ; from whose example wee may also learne this lesson . viz. Then is the fittingest time , for men to shew mercy , when they behold and see others in misery . These people were here , by the light of nature , instructed in the performance of this duty , and ( as it was the manner of the heathens ) conside●ing of that conjunction of men in humanity , they observed this law of courtesie , to shew mercy to them that were in misery . There are divers examples , in the holy booke of God , for this purpose ; of some , who were also guided by the law of nature , and bound thereunto by the bond of common humanity : As that of Thermuthis , ( as some call her ) the daughter of Pharoah ; she being an Aegyptian , beholding the Childe Moses in a basket , which shee had espied swimming in the River Nilus , and commanded to be taken up , was by the light of nature moved to compassion ; not onely because the Child was faire and well featured , and therefore did greatly delight her ( as Iosephus thinketh ) but also in regard of the present misery the babe was then in , which wept upon her , and in a manner desired mercy of her ; whereupon being moved with the weeping , and together also delighted with the beauty of the Child , she had mercy on it , and in so great a streit , did both relieve and succour it . Shobi , Machir and Barzillai beholding the present misery of David and his people ; were hereupon moved and stirred up to shew them mercy ; They brought ( saith the text ) beds and basons and earthen vessells and wheate and barlie and flower and parched corne and beans and lentiles & parched pulse , &c. for David and for his people that were with him for to eate ; now what occasioned them thus for to do ! Why , because they saw the people were hungry , and weary , and thirsty in the wildernesse . Doubtlesse the same consideration moved the Princes of Ephraim to have compassion on the distressed Captives of Iudah ; for such as they saw naked , they cloathed ; those whom they beheld barefoot , they shod ; and such as were hungry and thirsty they gave them to eat and to drink : in a word , they annoynted them and caried all the feeble of them upon Asses , and brought them to Iericho , the City of palme trees , to their brethren . What should I speake of Iob , that holy man , heare himselfe speake in his owne words Chapter , 31.16 , 17 , 18 , 19. verses , and from thence you may observe , that then he thought it best to shew mercy , when he beheld and saw others in misery . It was a worthy saying of Ebedmelech that noble Courtier , unto his lord and Master the King , Ieremiah the Prophet whom these men have cast into the dungeon , is like to die for hunger in the place where he is , &c. Surely , surely , he tooke notice of the Prophets misery , and was therupon set forward and raised up to procure him reliefe ; which he did , not only by acquainting the King of his distresse , but was himselfe also an Instrument of drawing him out of that deep dungeon , w th cords of old clouts and rotten ragges , which he had devised and made for the same purpose . So the Samaritan , finding the wounded person , ( though likely a Iew , who were because of their religion , so great enemies , that they would neither eat , nor talke , nor have any familiarity one with another , yet ) moved with naturall affection , took this opportunity , and according to his distresse , when he saw him , he had compassion on him , and went to him , and bound up his wounds , &c. But what need I to multiply examples in this so manifest a truth ? do●h not God himselfe expresly command us , that when we see and behold others in misery , we should thereby be stirred up and moved to mercy ? I am sure these places prove it , Deut. 15.7 , 8. Iames 2.15 , 16. neither is sufficient reason wanting for the confirmation of it . Then is the fittingest time . Reas. 1. Because , then mercy will be right welcome and comfortable unto them , best apprehended , most accepted ; ôh how faire a thing is mercy in the time of anguish and trouble ? ( saith Iesus the son of Syrac ) it is like a cloud of raine that commeth in the time of a drought : A morsell of bread to a hungry man , how sweet is it , or a cup of cold water to one that is athirst , tell me ? how welcome do you thinke was the kindnesse which Ruth received from Boaz in the time of her distresse , though for the present it were but meane , in suffering her to gleane amongst the sheaves of barly , &c. yet doth her Mother i● law say , blessed bee he that did take knowledge of thee . An● was not that a joyfull Cave to the hūdred Prophets , wherin Obadia had hid them from the fury of Iezabel ? ôh how sweet was the bread and water which he then fed them withall ! In like manner , questionlesse , the entertainment that these barbarous people gave to S. Paul and his company in this so great a misery ; in receiving them into their houses , in making a fire for them , &c. was most desired of them , best accepted by them . Reason 2. Because misery is the true and the proper object of mercy ; when God calls upon us , for the performance of this duty , whom doth he nominate , but distressed people , the needy , the poore and such like ; who stretch forth their hands for helpe ? Thou shalt open thine hand unto thy brother , to thy needy and to thy poore in the Land. Our bread must be dealt to the hungry , our doors open to receive the poore and needy , our garments ready to cloath the naked ( as the Prophet speaketh ) these , these are they which call for mercy at our hands , the hungry cry for bread , the thirsty for drinke , the naked for cloathing , the harbourles for house roome , the sick for visiting , the troubled for comforting , in a word , all that are in misery , crave for mercy ; to these , therefore , ( as we are able ) should we endeavour to give supply , answerable to their necessities and wants , Reas. 3. Because , we know not what a day , or an hower may bring forth ; who sees not , but that times alter and change ? and are not men ( in like manner ) variable in their dispositions ? Qui non est hodiè , cras minus apius erit . If we neglect the present time , the future , perhaps , will be lesse fitting ; either for us to give , or them to receive ; our brother may be dead , swallowed up , with overmuch heavinesse ; ou● goods may be taken from us , that so ( when we be willing ) we may want opportunity to shew mercy , the which ( though the world makes little account of ) is an heauy curse , and no lesse griefe to a pious man , than for an Husband-man , to have much good seed , and yet want ground and time to sowe it . We should therefore take the present occasion , and then shew mercy , when we behold and see others in misery . 1 The consideration of this , meets with the Misanthroposes of our Times , haters of their owne shape : who when they behold others in misery , have no more regard , or humanity in them , than if the Rocks had fathered them , or the she Wolfe brought them forth , or that they had drawne their milke from Dragons in the Wildernesse : instead of comforting the distressed , they give them ( as the enemies of Christ & David did ) Gall for meat , and Vineger for drink . We need not go farre for instance : I would to God , that the consciences of some of you , which heare mee this day , could not beare witnesse with me , that ye are the men , who most barbarously have offended in this kinde . Misery upon your Coast is so common an object , that custome herein hath even extinguished naturall affection In mine own hearing , I have heard the distressed pleade with you , cry unto you , intreate you , not only in consideration of that common bond of humanity , but for your Gods sake , your Countries sake , that you would forbeare , and take pity on them , but ye would not ; besides , your cruelty shewne to the dead bodies , of such as have miscarried in these sad times ; your eyes have not only beheld them ( how they have lyen massacred and torne , either by beating against the Rocks , or bruised with the broken timber ) but your feet also have gone over them , yea trode upon them ( and which I am ashamed to utter ) to this very intent , that you might dis-robe them of their garments , and so lay open their nakednesse to the view of passengers , leaving their corps uncovered , for Dogs and Crowes , to make a prey of ( did not the better sort amongst you , whose care herein is to be commended in some reasonable time , take order for their buriall ) whose bodies , for ought you know ( at least wise of some of them ) had they escaped the danger of the Seas , and died in their owne Countrey , might have beene buried in Censoriall pompe . Oh , will not the Lord visite for these things ? shall not the God of mercy take notice of such cruelty ? Surely yes . It that be true which the Father saith , exagerating the fact of that cruell Souldier , which with a Speare pierced the side of Christ after he was dead , viz. That it is far worse to offer any contumely or disgrace to one that is dead , than is the punishment of the Crosse. Then certainly , such as are guilty in this kinde , shall not escape ; God hath threatned to punish them , and will not faile to inflict it upon them ; either in this life , as he hath done upon some , or else in the life to come , as he will do upon all , that live and dye in this sin . Oh , thinke upon this I beseech you , and let it work remorse and penitency in you ; assure your selves , that if they shall perish eternally who have not done the workes of mercy ; then much more shall they be damned , who have acted the workes of cruelty , and especially against such who are in misery . Si isti poenas luent , qui proximo suppetias non tulerunt , quid fiet de istis , qui miserum insuper expilarunt , & despoliarunt ? If they who helpe not their poor and needy neighbours , shal eternally be burnt in hel fire ; much more shall they be there burnt , who rob and spoile their needy neighbours ; thus goes the sentence , Depart from me , ye cursed , in to everlasting fire , prepared for the Devill and his angels . For I was an hangred , and ye gave me no meat ; I was thirsty , and ye gave me no drink ; I was a stranger , and yee tooke me not in ; naked , and ye clothed me not ; sick , and in prison , and ye visited me not . If it be so severe against such : oh how fearefull and lamentable shall their case be , against whom the Iudge may thus proceed in sentence , Depart from me ye cursed , &c. For I had meat , and by force you tooke it from me : I had drinke , and you spoiled me of it ; I had a house , and you thrust me out of it ; I had goods , and you violently tooke them from me ; I had clothes , and you pulled them from my back ; I was in health , & you drove me into sicknesse ; I was at liberty , and you imprisoned me : doubtlesse , it will be a heavie sentence , and a voice of much terror unto all mercilesse men ; who neglecting the present occasion of shewing mercy unto the distressed , have instead thereof , exercised the works of cruelty . Vse 2. This may informe us of the great error and mistake of those , which misguiding their affaires without judgement , are forward to extend their liberality and workes of bounty , to such as have no need : rich men , and such as are well able to recompence their cost , shall finde entertainment at their houses : but they are willing to do little or nothing for the distressed , for thē by whom they thinke to be answered nothing againe , these for the most part are contemned and despised ; as Iob saith , He that is ready to slip with his feet , that is , which is fallen from prosperity to adversity , is as a Lamp despised , in the thought of him that is at ease ; his company is offensive , unsavoury , as the snuffe of a Candle : these men are not unfitly by that holy man compared unto a Brook , which in Summer , when we need waters , it affords none , it s dried up ; in the Winter it is hard frozen ; but in the time of rain , when there is no want , then it overflowes . Surely , these men account all that to be lost , which man repayeth not , and so by this meanes they omit the present opportunity , or poore mans necessity . Vse 3. Lastly therefore , from the consideration of this proposition ; let every one learne , to take notice of the present occasion offered , wherein to exercise the workes of mercy , and make use of it . Oh , how ready are we , to watch our opportunities in other matters , we are prone to commit sin instantly , and take advantage from the least occasion to worke our owne ends ▪ in outward businesses we observe the fittest seasons ; we gather fruit when it is ripest , wee cut downe corne when it is hardest , we let bloud when it groweth rankest ; and why should we not in like manner refresh our distressed brother whilest he is poorest . Oh my brethren , ( if we want not hearts ) we have opportunities enough daily offered us , to the exercising of mercy : Mercy needs not ride abroad to seek worke in these times ; we may finde objects almost in every place , in every City , Towne , and Countrey , ( if we please but to harken ) we may heare the cries of the distressed , bewailing themselves in their miseries , and beseeching others to give reliefe unto them ; let us not then put off our good and charitable duties from time to time : if thy brother bee hungry , now feed him ; if thirsty , now give him drink ; if naked , now cloath him ; if sick , now visit him ; for now is the fittingest time for thee to shew mercy , whilest thou doest behold and see him in misery . The time will not suffer me to inlarge my meditations any further , upon the discovery of this duty : we have already broken the ordinary wont , & gone beyond the limits of our appointed houre : but my desire is ( if possible ) to move the consciences of some here present , and to bring them to a sight of their sin , in the neglect of this duty , that so they may labour to break it of by repentance . Oh that such would consider , how that God himselfe doth undertake to pleade the strangers cause , heare what he saith ; If thou vex or trouble such , that is , Strangers , Widowes , and Fatherlesse children ; and so he call and cry unto me , I will surely heare his cry , and my wrath shall wax hot , and I will kill you with the sword , &c. You are men , ( many of you ) of the same profession with those , which unhappily many times are cast away upon your Coast ; you of all others considering your liablenesse to the same misery , should take pity on them , ayde and assist them for the best , what they may doe in such a case , for the preservation of their goods and safety of their lives ; and for the dead bodies of those that have perished in these heavie times , you should labour to have them committed to the earth , with as much speed as conveniently you may , and not suffer them to lie , some foure , some five dayes , tossed to and againe , and beaten upon the Rocks : oh my brethren if the Law commands you to cover the naked while they are living , how much more ought yee to cover them , when they are dead . What a shame is it to suffer Figuram & figmentum Dei ( as Lactantius calleth it ) the work-manship of God , Gods Image to be exposed and cast out for a prey to wild beasts and birds ; that which hath been so worthy an Instrument , should not be irreverently intreated , though dead ; what though Pompeys Exequies do but little profit deceased bodies ; Tamen in venta est sepultura , &c. Yet is the grave a meanes , though not to keepe them from putrification , yet us from infection ; and such offices of Piety , Humanity , and Civility ( saith Saint Augustin ) doe please God. Oh please him then , in your carefull performance of this Christian duty ; and let the remembrance of that , which this day hath been delivered in your hearing , remaine and abide with you ; be hospitable , not only in outward shew , but in deed and truth , be thankfull as well for mean , as great courtesies , shewen unto you in your distresses , and let your workes of mercy extend themselves epecially to such as are in misery , so doing you shall 1 Imitate your heavenly father , whose manner is , to stretch forth his arm of mercy , especially to them that are weary and heavy laden ; therefore the Psalmist describes him to be a helper at opportunities , in the needfull times of trouble , The Lord Lord will bee a refuge for the oppressed ; a refuge in times of trouble . And that proverb , frequent amongst the Hebrewes ; witnesseth as much of him ; In the mountwill the LORD beseene . Which was occa●ioned by the Lords appearing and shewing himselfe unto Abraham upon the Mount Moriah , for the preservation of Isack , when he should have been offered up for a sacrifice , then , even then , in so great a streit , God in mercy releived him . 2 You shall obtaine mercy for your selves ; compare , Ier. 38.9 . with Chap. 39. ult . Ioshua 6.17 , 25. Mat. 25.40 . God respecteth the circumstances of time , ●●d such actions of all other , are the best plea●ing unto him that be done in their season : refesh therefore , the poore afflicted and needy in their needs , and God in mercy will remember thee , in thine . I will not trouble you with any more instances ; The Hospitality of Publius in this place , was not unrewarded , for the Lord restored his Father to health ( by the hand of Paul ) who was indeed sicke of a dangerous disease , by which meanes he would testifie ( saith Calvin ) how greatly that courte●ie , which is shewen to men in misery , and to strangers , doth please him ; Although those who are holpen , be unmindfull and unthankfull , for that benefit which they have received , or they be not able to recompence those , who have done good unto them , yet GOD himselfe will abundantly restore to men , whatsoever they have bestowed at his commandement , and if thou wilt open thy hand unto the poore , Christ will open his gates unto thee , that thou mayest enter the possession of Paradise ; the Paradise of Heaven , unto which place , the Lord of his mercy bring us . Now gracious Father , which doest teach us , that all our doings without Charity are nothing worth , send thy Holy Ghost , and powre into our hearts that most excellent gift of Charity , grant that we may expresse the fruits of it in our conversation , in being ready to helpe and succour such as are in any want and misery . Lord we beseech thee for them , whersoever , or howsoever they are distressed ; and amongst others such as travaile upon the Seas , in their lawfull vocations , ôh bee thou unto them a refuge against the stormy wind and the Tempest , let their lives and goods be precious in thy sight , stand by them , looke upon them , be with them by thy power , to defend them from all dangers , either of forraine enemies , home-bred Pirates , or outragious Tempests , Lord give them the feare of thy name , the love of thy mercy , peace in their consciences , sa●ety in their ships , health in their persons , mutuall love amongst themselves , obedience to their Governours , contentment with th●ir provisions , successe in their businesse , and safe returne to their homes , that we may all joyn together in the praise of thy name , through Iesus Christ our Lord , Amen . FINIS . Notes, typically marginal, from the original text Notes for div A13777-e210 On Sunday morning the 21. of February , 1635. Sic assueverunt , ut recte fieri patent . Erasm. Colloq . Pereg. Religion . ergo . Vox audita perit , littera scripta manet . Iam inde non belli gloria , quā humanitatis cultu inter florentissimas orbis Christiani gentes inprimis floruit . Camden . Brit. de Norma . Visam Britannos hospitibus feros . Horat. Carm. lib. 3. Od. 4. Notes for div A13777-e560 Ortel . in Thesan● . Curio bellum Melitense . Viperanus . Knoles . pag. 796. Calvin . in 〈◊〉 . Parts 3. Quia asper● magis & horridiore lingua videbantur uti , Aretius . Hinc . barbarismus p●o vitio La●ini aut Graeci se●monis . Ovid in Pont. Aretius in loc . Doct : 1. Vide Aretiū & Piscat . in l●● . Deut. 10.18 . Vers. 19. Esay 58. ● Rom. 12.13 Heb. 13.2 1 Pet. 4.9 . Reas. 1. Gen. 12.20 Calvin in ●oc . Reas. 2. 1 Cor. 13.4 , 5. Phil. 2.4 . Gal. 6.10 Reas. 3. Eccl. 9.2 Men and. apud Plut ▪ de tranq . Exod. ●2 . 21 . Lev. 10.19 . So Theoph. Cajetan . Erasm. Beza . Vse 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 1.28 30. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Born. Epist. 256. Ab humanitate homines dicimur . Aretius . Iudg. ● . 4 , 5 Chap. 19.18 . 1 Sam. 25.5 , 6 , &c. Vse 2. Quest. Answ. Gen. 31.54 ● King 6.23 . Surius in vita 14. Maij Vse 3. Motive . Gen. 18.3 , 4 , 5. Chap. 19.2 Chap. 24.3 Exo. 2.20 . Iosh. 2.1 Iudg. 19.16 . 1 Kin. 17 10.15 . Iob 31.32 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vide Homer in lib. 2. Odyss . Mat. 25.34 , 3● , 36 Rom. 16.23 . Pro. 28.7 . Heb. 13.2 . Tanta est apud Deum hospitalitatis gra●ia ut ne potus q●i ●e aquae f●igidae a p●●em●is remunerationi● immunis sir. ●mbros . de ossic . ●say 58.8 , 9 , 10 , 11 , 12. Prov. 3.9 . 2 Cor 9.9 Esa. 58 . 1● Pro. 11.25 Eccl. 11.1 . Mark ●● . 4 Eccl. 6.2 . Mat. 7.12 . Aug. de Serm. Domini in monte . Lam. 1 12 Scito omnem conditionem versauilē esse , & quicquid in ullum incurri● posse in te quoque incurrere . Senec. Eleemosyna fiat vel mente , vel verbo , vel opere . Vide Concionosorii in Dominic . 16 post Pentecosten . Iob 30 . 2● Esay 32.8 Psal. 41.1 . Gen. 50. 1 Sam. 25.10 Iob 16.5 . Ovid de Pont. Iob 4● . 8 , 9. 1 Sam. 7.8 , 9. Act. 12.5 1 Iohn 3.18 . Iames 2.15 , 16 Esther 4.15 . Iudg 4 ● 2 Cor. 9.7 Rom. 12.31 . Gen. 18.2 , 3. Psal. 112.5 . Part 2. 1 Iohn 3.18 . Iam. 2.16 Doct. 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Rom 12 Heb. 13.2 Lu●her in 1 Pet. 4.9 . Gen. 18.4 , 6 , 7 , 8. Cap. 19.3 2 Kin. 4 8.10 . Esay 21.14 . Gal. 6.10 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Illis enim uno humanitatis , istis praeterea fraternitatis vinculo communica●e obligamur . Tareus in loc . Reas. 1 Pro. 25.11 . Reas. 2 Pro● . ●6 . 24 . Hos. 12.1 Aquin. in Iacob . c. 2.15 . Reas. 3 Ab Stem . in fabulis . Esay 57. Hos. 4.1 . Cap. 6.4 . Luc. 10.33 , 34. Oecolamp . in Esa. 47.6 . Vrgere jacentem est inhumanum . Cic. pro. C. Rab. post . 1 Tim. 4.6 . Ambros. Ep. lib. 5. Vse 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Rom. 12.9 . 1 Iohn 3.18 . Esa. 6.4 . Qui fuerunt propulsi ab hostibus . Pisc. in Iames 1.27 . Mat. 10.42 . Eccles. 1● ▪ 1 , 2 , 3 , 4.5.6 . Calvin . in Gen. cap. 18. Luke 16.19 . Iob 3.14 Hos. 10.12 . Hospitalitas Melitensium , exigit gratitudinem advenarum . Aret. in loc . Doct. 3 Iudg. 5.24 , 25. Lavaterus in lib. Rutha . cap. 2. Ruth 2.10 . 2 Sam. 9.1.3.7 . 1 Chron. 19.1 , 2. Sic Hiero● scribit in libros Regum . Pet Mart. in 2. Sam. ca. 10. 2 Sam. 2.5 , 6. 1 King. 2 7. 2 King. 4 13. Ro. 16.4 . Gal. 4.15 Phil. 4.15 , 16. 2 Tim. 1.16 . Veritaes agnoscit & sa●e●ut u●de sit acceptū beneficium . Iustitia obligat nos ad aequitatem seu ad mutua quaedam officia . Fabritius in Ps. 40. con . 5. 2 Sam. 9 ▪ 8. Psa. 8.4 . 2 Sam. 7.18 . Indignitatis agnitio Ingratitudinis amoliti● . Reas. 3 Iames 1.17 . D. Gouge in Ephes. cap. 5.20 . Vse 1. Ps. 68.19 Gen. 40.23 . Luke 17 18. Diogenes . Psal. 38.20 . Gen. 31.38 . 1 Sam. 23 11 , 12. 2 Chr. 24.22 . Luk. 17.16 . Vse 2. The Masters of both ships and some of the company which were then saved , being present . Solin . Poly hist. cap 1.1 . Calvin in Gen. cap. 18.2 . Rolloc . in Colos. 3.15 Si ingratū dixeris , omnia dixeris . See Amb. Marcellin . l. 23. and Seneca de Ben. l. 2. c. 7. and Gualth . in Marc. c. 2. Hom. 18. Psa. 10 23 , 24 , 25. &c Verse 31. Part. 3. Qui ing●uerat , & nos premebat . Piscat . V●gebat cos miseria non una●in naufragio ami●erunt omnia bona sua : madidi funt ex marinis undi● ; urgentur nunc etiā pluvia , quae instat , accidit hiberni temporis frigus , & ipsi nudi sunt & bene madidi . Aret. in loc . Doct. 4 Cic. o●fic . lib. 1. & ● Iosephu● in lib. 2. Antiq. 1. Exo. 2.6 Et fletumota , & etiā venustate pueri delectata ejus miseretu● . Simler . in loc . 2 Sa. 17.27 . Calamita● praesens Davida , in eis mise●●co●diam excitavit Petr. Martyr ▪ in loc . 2 Sa. 17.29 . 2 Chr. 28 15. Iob 31.16 . &c. Ier. 38.9 . Verse 11. L●c. 10 30.33 , 34. Reas. 1 Ecclus. 35.19 . Ruth . 2 19. 1 Kin. 18 4. Nihil optabilius , nihil magis necessarium igne , quo reficiant corpora . Arct , in loc . Reas. 2 Levi. 25.35 . Deu. 15.11 . Esay 58.7 . Humanitatis est ea parte , inprimis succurrere qua labo rat miser . Aret. in loc . Reas. 3 Tempora mutantur & nos mutamur in illis . Vse 1. Mat. 27.34.48 . Psal. 69 21. Censorium Funus , The honorable and solemne manner of buriall , as the Censor-ship was the most honorable office and accomplishment as it were of all other . See Polybius lib. 6. & Cornelius Tacit hist. lib. 4.18 . Illudere mortuo , quam ipsum Crucis supplicium longe peju● est . Chrys●hom . 48. in Ioh. Mathes . in Mat. 25.42 . Mat. 25 41. Vse 2. Despiciunt pauperes , & egenos , & nudos , homines autem locupletes ●n vitant . Guadalupens . in Hosea 6. Iob 12 5 Cap. 6.15 , 16 , 17 18 , 19 , 20 Vse 3. Exo. 22.21 , 23 , 24. Lactant. Institut . lib. 6. Sence . Deo placent etiam talia pietatis officia . lib. 1. de civitate Dei ca. 13. Lu. 6.36 Psa. 9.9 . Gen. 22.14 . Vide. 1 Classem proverb . Drufii . lib. Prov. 3. Si aperueris pauperibus manus tuas , Christus ●ibi aperiet Ianuas suas ▪ ut paradisi possessor in troeas Aug. Serm. 227 de Tempore . See the Collect on quinquage sima Sunday . A60606 ---- A poem on the famous ship called the Loyal London Begun at the charge of the Right Honourable the Lord Mayor, aldermen, and commoners of the city of London, in the year 1665. and lanched June 10. 1666. which they presented to His Majesty as a testimony of their loyalty and dutiful affection; and built at Deptford by Captain Taylor. By William Smith. Smith, William, fl. 1660-1686. 1666 Approx. 14 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A60606 Wing S4277 ESTC R221515 99832813 99832813 37287 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 0 1.0 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 1, no. A60606) Transcribed from: (Early English Books Online ; image set 37287) Images scanned from microfilm: (Early English books, 1641-1700 ; 2061:1) A poem on the famous ship called the Loyal London Begun at the charge of the Right Honourable the Lord Mayor, aldermen, and commoners of the city of London, in the year 1665. and lanched June 10. 1666. which they presented to His Majesty as a testimony of their loyalty and dutiful affection; and built at Deptford by Captain Taylor. By William Smith. Smith, William, fl. 1660-1686. [4], 11, [1] p. printed for Nath: Brook, at the Angel in Cornhill, London : 1666. In verse. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Ships -- Poetry -- Early works to 1800. 2005-04 TCP Assigned for keying and markup 2005-05 Aptara Keyed and coded from ProQuest page images 2005-06 Mona Logarbo Sampled and proofread 2005-06 Mona Logarbo Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion A POEM On the famous Ship CALLED The Loyal London . Begun at the charge of the Right Honourable the Lord Mayor , Aldermen , and Commoners of the City of London , in the year 1665. and Lauched June 10. 1666. which they presented to His Majesty as a testimony of their Loyalty and dutiful affection ; And built at Deptford by Captain Taylor . By WILLIAM SMITH . DOMINE DIRIGE NOS printer's or publisher's device LONDON , Printed for Nath : Brook , at the Angel in Cornhill , 1666. Committee appointed to take care for the building of the Ship LOYAL LONDON . 15. March 1664. Alder. Sir John Lawrence Sir Tho : Adams Sir Rich : Brown Sir John Frederick Sir John Robinson Sir An : Bateman Sir Tho : Bludworth Sir Wil. Turner Sir R : Ford Sir R : Ryves Com. Sir Tho : Chambrelan Sir Wil : Bateman Sir A : Ingram Captain Ryves Col. Nevile Deputy Tivill Mr. N : Pening Deputy Canham Deputy Jefferies Major Stroud Sam : Foot Esq . Hen : Bainbrigg Esq . mort . Col. Clegat Mr. Tho : Pilkington Deputy Warren Deputy Throckmorton Tho : Culling Esq . Captain Birkin Deputy Lluellin and Mr. Jonathan Ash mort . Licensed June 15. 1666. Roger L'estrange . A POEM ON The Loyal London . WHen envious Fate , or Errour had dissolv'd The former London , and her self involv'd , Her Men , her Guns , her Tackling in a cloak Of sudden lightning and sulphureous smoak , She roar'd out thus . Another ( though I burn ) Shall blossome from , and grace my watry Vrne ; A LOYAL LONDON , who shall long proclaim Her Princes greatness , and her CITYS fame . This mightier Phaenix now at length we have , The greater birth of her great Mother's grave . Th' Escurial of the Deep , whose State may bear As well as Titus Amphitheater , The name of Wonder ; and deserves a room Above the ruines of the Carian Tomb. Her bulk's for use , her beauty strength doth hide ; Those were th' effects of Luxury and Pride . Yet e're kind Zephyr with officious gales Salutes her Canvas , or employs her sails ; Before the wondring Nereides shall discern Her threat'ning Lyon , or her guilded Stern ; On the admiring Surges floating ere Among her Sister-wonders she appear , ( Cathedrals high-aspiring heads at land Thus lift , and o're the humbler Churches stand . ) Her mighty timbers , and her large-siz'd beams . Thames first receiv's on his transparent streams , Glad to behold and bear this pompous load , His reed-environ'd head from 's moist aboad He now advanc'd , and thus begins to say , Whilst silver-footed Nymphs about him play . I 'm He , whom th' Ocean most of all his Sons Does court ; my crystal current gently runs , And sends such winged fortresses abroad As awe the world , and Thetis shoulders load . Iberian Pagus slight thy golden Oare ; My fertile banks exceed thy barren shoare . And Nereus knows my force o're him prevails ; His arms my Cables press , his back my Sails . To Pibers awful Fasces yielding place , So once the Ocean did submit his Mace. Surrounding Drake about the vast globe rowls , Viewing the Artick and Antartick Poles , Yet his small Pinnace coasting did but show A vain Ludibrium on rough Neptunes brow . Built o're the subdu'd billows to give Law , Both to encompass , and the world to awe , Here 's SHEE , whom uncontrolled Fates have chose To check the boldness of our Neighboring foes ; Whose solid planks , when on rude waves they pass , Contemn the fury of the thund'ring Brass . No Sea-exciting gusts or Storms she fears ; Much lowder tempests in her self she bears : Through foaming Neptunes boiling waves she glides , Aetnas inclosed in her armed sides ; And trembling Holland her more dreadful finds Then raging storms rais'd by Autumnal winds : From out each Port-hole a Vesuvius roars In massie Iron , and not in Cinder showers , Whose unperceived speed leave far behind Strong Corus o're the slower Eastern Wind ; Like wrathful Angels her lowd Guns do breath On obvious Mortals unexpected Death ; And She , as Sinon's Horse , bears armed men , Not by close plots , but open force to win ; Whose Sterling valour in true worth doth shine Without the base allay of Brandy-wine . To move revenge , and to incite our rage What hood-wink'd rashness did the Dutch engage ? Depriv'd of Herrings ( but our slighted store ) Soon they will be so despicably poor , As when they made their Idolized thing , And first took Arms against their Catholick King ; In whose Dominions Heaven's bright Cohorts have Their rise and set , their cradle and their grave . With equall folly , and with equal fate Mistaken Carthage urg'd the Romane State. Oh may I still the Loyal London see Triumphant o're our foes return from Sea , A living Monument and a lasting story Of her great Masters and his Citie 's glory ! He having spoke in this , or such a straine , His aged head his flouds receive again . Slightly encamp'd the Ancient Consuls lie , Their Evocati and Triarij nigh , Secur'd with treble fosses arm'd with stakes , Whilst at each port an order'd Cohort wakes Our better fenced Isle , which Thetis laves , Entrench'd by Nereus with unconquer'd waves ; A liquid Rampier of fierce surges arms , And we encamp'd within secure from harms . Defended thus by careful Nature's hand , Sole Umpiers of the Western world we stand ; When with extended Sails rough Seas we sweep , Our sturdy Oaks re-florish in the deep . On tumid billows tost with furious winds Our warlike SEAMAN steady footing finds , With Roman courage , Roman constancy , Intends to conquer , or intends to die ; Protests that Quagmire Holland now doth quake , Fearing our arms will to one Chaos shake , Butter and Cheese , united Boors and Bogs , And pickle up Mijnhere with Eeles and Frogs ; His sober brain provok'd , contemns vain fear , Nor needs the fury of the Grape or Beer ; He without Brandy his true valour shows , Engaged heats , still fighting fiercer grows ; His daring heart and good success alike O're the Dutch sinews a chill Ague strike ; The great Augustus once affrighted thus The weaker Angel of Antonius . We floating Forts ( our Guardian Angels ) send Our foe to vanquish , or assist our friend ; Vainly the Friar his Brasen Head invokes , For Brasen walls we have brass-armed Oaks ; Swift Oaks , whose flame-wink'd thunder can with ease Command the Ocean and the narrow Seas ; And our successful Red Cross still did come From Sea victorious , and triumphant home . With equall courage and with equal fate , Our antient TITLE we at land debate ; Whilst our Victorious Armies twice advance The English Standard through the heart of France ; France , on whose face our Swords have left more scarrs Then mighty Caesar in his ten years wars . And Monseur , if you question this report , Read Crescy , Poictiers , Vernoil , Agincourt : They 'r your own Chronicles will tell you who On one poor Rump oft sup'd and dined too . Great Julius Eagles fixt their rav'nous claws , When under various Princes , various Laws ; We did our Conquest to a period bring , When France was subject to one Potent King. Majestick Rome did back his conquering cause , Rome to the wealthy East which then gave Laws ; The French provoked Scotch with hostile rage , And sudden fury did our backs engage ; His were old Souldiers , ours had seen no foe ; And that Mercurial , aëry Nation know , Our civil broils were the unhappy chance , Not Joan nor Charls , which thrust us out of France ; It was our selves , our selves that overthrew ! None could our Arms , but our own Arms subdue . 'T was our Black Edward , shak'd th' Iberian Crown , And dispossessed Pedro did enthrone ; T was our stout Richard won the Holy Land , Both Prince and Victor did in Cyprus stand . To the King. BUt You , Great Prince , from whom do blossom forth All former virtues , and all former worth , Have propagated more the British powers Then our old Monarchs , your great Ancestours . Our ancient Saxon King did sometime please O're smaller limits of the narrow Seas To sit triumphant , view the neighboring shoares , Whilst Captive Kings tug'd at his laboring oares . The Earth-environing Ocean doth obey The mild commands of your diffusive sway . How do our Annals Edward's fame advance For worsting once the Naval Force of France ? Far higher must your great renown appear , Who worsted , and triumphed over Her , Whose avaritious domineering rage , You standing Neuter , might the world engage . In our Terrestrial Sphere long may you move , Your Subjects safety , and your Subjects love ! Your watchful thoughts , and your unwearied care , Succeeding ages will with joy declare ; Tell , how without th' expence of their own bloud , Or sweat , You wisely have contriv'd their good ; Cry out , oh Happy Age ! even then alone Both Arms and Arts in full perfection shone ! Then did the Sacred Nine sing in a strain Not much exceeded in Augustus reign . To the City . I Know , oh stately City , my low praise , Nor disproportion'd verse thy glory raise : If of thy Arms , or of thy Arts I sing , Or neighb'ring fields blest with perpetual Spring ; When Jove to seasons turn'd the fleeting year , He left that ancient priviledge only here ; Or if I say , the rarest things thou hast To feed the eye , or to provoke the tast ; Yea , if Lucullus had but seen thy store , He must have thought's Luxurious Kitchin poor ; Or of thy wholsome site for air and health , Or mighty trafick , or abundant wealth ; Or thy old splendor , power , and great renown ; Paulinus did see thee a famous Town ; Or of thy River , which such Fleets doth bear , As Lumbardstreet shews us both Indies here ; Or should I say , thou always wert the great Emporeum of our Kings , and regal Seat. To compleat all , and now to serve thy King , Thou didst at last to full perfection bring This mighty Ship , this work of many days , To thy great credit and eternal praise ; Although begun when scarce thou drew thy breath , In a sad night of horror and of Death ; And she ( I hope ) will recompence alone The former London and the Prince , that 's gone . The Prince , which ( if the Muses can divine ) May prove a Phaenix too ; one shall out-shine Her , built by the brave Liberality , And forward hearts of our Nobility ; Whose worthy service shall for many years The Honour tell and Splendour of our Peers . That in their veins , this resolution shows , The antient bloud of their great Fathers flows . FINIS . A70061 ---- Fore-warn'd, fore-arm'd, or, England's timely warning in general and London's in particular by a collection of five prophetical predictions published by Mr. William Lilly forty years ago, two of Mr. John Gadbury's, anno 1678, and one of Mother Shipton's long since, all at large published in the said Mr. Lilly and Gadbury's own words, purporting I, London's danger anno 1683 and its catastrophe soon thereafter, II, The danger that the Protestant religion will be brought unto all over Europe, and by whom effected and where contrived, III, That England in general will be brought into great calamities and by what means, IV, The extinguishment of a very great family in some part of Europe, V, That the breach of some nations priviledges, ancient customs and long enjoyed rights may produce dangerous effects : all of which are published by the author, not to affright the people with, but to warn them of, knowing that evil before-hand warned of commonly hurts less then that which comes at unawares. 1682 Approx. 16 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A70061 Wing F1556A ESTC R15451 13593739 ocm 13593739 100707 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 0 1.0 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 1, no. A70061) Transcribed from: (Early English Books Online ; image set 100707) Images scanned from microfilm: (Early English books, 1641-1700 ; 426:12, 788:19) Fore-warn'd, fore-arm'd, or, England's timely warning in general and London's in particular by a collection of five prophetical predictions published by Mr. William Lilly forty years ago, two of Mr. John Gadbury's, anno 1678, and one of Mother Shipton's long since, all at large published in the said Mr. Lilly and Gadbury's own words, purporting I, London's danger anno 1683 and its catastrophe soon thereafter, II, The danger that the Protestant religion will be brought unto all over Europe, and by whom effected and where contrived, III, That England in general will be brought into great calamities and by what means, IV, The extinguishment of a very great family in some part of Europe, V, That the breach of some nations priviledges, ancient customs and long enjoyed rights may produce dangerous effects : all of which are published by the author, not to affright the people with, but to warn them of, knowing that evil before-hand warned of commonly hurts less then that which comes at unawares. Lilly, William, 1602-1681. Gadbury, John, 1627-1704. [2], 6 p. Printed for John Powel, London : 1682. Reproduction of original in Huntington Library and British Library. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as s. 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Shipton, -- Mother -- (Ursula) London (England) -- History -- Prophecies. 2007-01 TCP Assigned for keying and markup 2007-01 Apex CoVantage Keyed and coded from ProQuest page images 2007-02 Pip Willcox Sampled and proofread 2007-02 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Fore-Warn'd , Fore-Arm'd : OR , England's Timely Warning in general , And London's in particular . By a Collection of Five Prophetical Predictions Published by Mr. William Lilly Forty years ago : Two of Mr. John Gadbury's , Anno 1678. And One of Mother Shipton's long since , all at large : Published in the said Mr. Lilly and Gadbury's own Words . PURPORTING I. London's Danger Anno 1683. and its Catastrophe soon after . II. The Danger that the Protestant Religion will be brought unto all over Europe , and by whom effected , and where contrived . III. That England in general will be brought into great Calamities , and by what means . IV. The Extinguishment of a very great Family in some part of Europe . V. That the Breach of some Nations Priviledges , Ancient Customs , and Long-enjoyed Rights , may produce dangerous Effects . All of which are Published by the Author , not to affright the People with , but to warn them of ; knowing that Evil before-hand warned of , commonly hurts less , then that which comes at unawares . London , Printed for John Powel , 1682. Fore-Warn'd , Fore-Arm'd : OR , England's Timely Warning in general , and London's in Particular . I Shall begin first with Mr. Lillies , grounded on that ( as he said ) of Mother Shiptons , but was not hers but Ambrose Merlins concerning London , Published in his Englands Prophetical Merlin , Anno 1642 page 91. the words are as followeth . What Lincoln was , and London is , That York shall be ; The fairest City of the three . Brave London prays that day she nere may see . On which he saith , That London in England ( by reason of the unlucky Position of Mars in her Sign , and being Cadent from Aries and Mercury his Dispositer in Combust and in Detriment ) shall indure many a hard shock , two plagues , ( but from Mercuries being Combust , and in detriment he might , and its a wonder to mee why he did not say , that one of those two Plagues might have been a fiery one , as indeed it proved to be ) extream dammage in her Wealth , the loss of many Valiant Citizens , but it shall be with Honour and to her perpetual Renown . — Nor shall any man yet alive s●e the days Mother Shipton spake of concerning London ; yet in time all Cities must have an end : But I rather think that about the year 1683. the City shall be in great danger , and then come to a final Catastrophe during the Revolution of that fifth Conjunction . So far Mr. Lilly in that page , but its danger shall be more particularly declared anon . But by that fifth Conjunction is to be understood that of Saturn and Jupiter , in the Fiery Triplicity , and in Leo , on the 20 day of October , Anno 1682. which will be their fifth from that seventh great Conjunction of theirs Anno 1603. when they left the Watery , and entred into the Fiery Trigon , on the 7 of December in the said year , which kind of Conjunctions seldom or never hapned , ( if Credit may be given to History , Antiquity or Experience , ) ( as Mr. Lilly saith , ) but they were followed with great and strange Changes in the World , both in Civil and Ecclesiastical States , and are as seldom accompanied with any propitious Successes to England in general , or London in particular . 1. For at their first entrance into Aries , called by Ptolomy the first of the Zodiake , and the Arabians the fiery Trigon , which was their first Conjunction after the Creation , and was called their great Conjunction , and was before Enochs Translation . 2. Their Second before Noahs Flood , and was followed with the sad Universal Deluge , Nimrods usurped Monarchy , and the building of Babel . 3. Their third , before Moses bringing the Israelites out of Egypt , and the giving of the Law. 4. Their fourth was also followed with erecting of the Empire of the Medes . 5. Their Fifth with that of the Romans , and the Incarnation of Christ , and Publishing the Gospel to the Jews . 6. Their Sixth with the Translation of the said Empire to the Germans . 7. And their Seventh great , yea and greatest , being their Sabbatical Conjunction , was Anno 1603. which was followed , first , with the Death of Queen Elizabeth , a Mother to the English Nation , at which time was a great Plague in London . And secondly , The raising the Monarchy of great Brittain , and Ireland to the Family of the Stewarts in Scotland ; and could a more memorable change happen in this part of the World , then for a Scotch King to become King of England and Ireland , without blows , considering the Antipathy between both Nations ? And was not this a raising of a new Monarchy , and a great one too , of which James the sixth of Scotland was the first King , and our King Charles the second was and is the first King of the said Race , born in it , and to it , and consequently a proper Native of it , God grant he may live long to enjoy it . And here we are to take Notice , That these said seven Conjunctions of the two superior Planets are all the great Conjunctions that have been since the Creation ; or that will be in some Centuries of years , if ever any more be at all , of which Mr. Lilly doubted , with many more , the Sabbatical one being now already past ; neither do they come to pass above once in eight hundred years . -And further , that there have been but fifteen more in all of those two Planets , since the Creation , as appears by Ptolomy's Table of all the Conjunctions that have been of all the Plannets since , as aforesaid , of which said Table the Author hath a Copy now extant of Mr. Lillies Transcribing . 1. Which said 15 Conjunctions past ; with the next to come this next October , are called lesser , or minor Conjunctions . 2. But the next Conjunction that followed that of 1603. was that which came to pass in seven degrees of Leo , in the same Trigon , Anno 1623. and was followed first with King James his death , and then with that Plague of which was said to dye above 50 thousand People in London Anno 1625. 3. Their third Conjunction fell out to be Anno 1642. in which said year began our intestine War between King and Parliament , which lasted more or less with some Intermissions until 1652. in which year or the next we had a dull Saturnine Comet , on Contemplation whereof , Mr. Lilly writ a second Prediction , for matter and form as followeth . In the Year of Eighty Three , Great Changes there will be . In England , — But Long ere that time poor Merlin sleeps , In his Grave secure ; sad England weeps . Leaves he no Heir , unhappy man , That this obscure Riddle — can Vnfold ? — No. But more remarkable was that which followed their fourth Conjunction in Sagitarius , and fiery Trigon , Anno 1663. when all the Planets met in that house as at a general Rendezvouz to consult the effecting the heavenly decrees , and was followed , first , with three great Comets , in less then Seven Months space , and then secondly with the greatest Pestilential Plague that ever London knew , to the Destruction of near an hundred thousand People , thereby leaving many houses desolate of the Inhabitants , Anno 1665. and then with that dreadful fire which Consumed most of the City and as much of the Suburbs , as it left of the City , thereby leaving more Inhabitants destitute of houses , Anno 1666. by all which we may observe , that the Effects of these last Conjunctions were speedy and severe , though not of any long Continuance . But what manner of Effects have already or may yet precede this now so near approaching on , a very few years may probably determin ; and for as much as the former were , as aforesaid , what may we expect otherwise then that this coming of the same or the like cause , should produce the like Effects , unless God of his great Mercys be pleased to prevent the same . 3. Mr. Lillies third Prediction , saying , page 25. of the same Book , I judge that privately by Lies , Treacheries , fained and dissembled Treaties and Embassadors , and by the Policies of a Jesuitical Faction , all over Europe , the true Protestant Religion will be infinitely distressed , and the heavenly intentions Impedited ; and all those Countreys professing Protestantisme exceedingly molested by so great a Compact of Villains , and false hearted Traytors lurking in the Clossets and Bosoms of Princes , that many shall think that Popery shall return to its old Seat in every Countrey , &c. Consider who are Enemies to the Protestant Religion , viz. The Popish Priests , Jesuits and Papists , with their Adherents ; and where they Harbour , and Contrive their Mischiefs ( if Mr. Lilly were not mistaken . ) 4. His fourth Prediction page 110. of the same Book . Woe to a great Family in Europe , That was , is now , and shall not be ; 't is not old , it s not Antient , but like an untimely Birth , it s cut off and shall not flourish in Branch or Root . Good Lord ! shall the number of Fifty cut off more than five , or shall less then 90. be alotted for four , shall the Virgin be barren , and the Lyon have no Issue ? shall less then 36 end in two ? shall the second end in a Cipher ? and shall seven come to be one , and then none ? The fifth of Mr. Lillies , I intend to reserve for the close of the Treatise . Mr. Gadburies Prediction in his Almanack , for the Year 1678. What art thou , O Crafty but smooth Tongued Enemy , whether Courtier , Causidian or Ecclesiastick ; that thus delightest to obstruct the Peace of Kingdoms , and Republicks , and playest thy Game under a shew of Friendship , Piety and Conscience ; with a seeming compliance with the things thou really opposest ? shall time be so much a Traytor to Truth and Goodness , as not at length to pull off thy Hypocritical Vizor ? Be quiet Friends , it cannot yet be , Eighty Three is not yet come ; But the Heavens and Stars are by Gods Permission preparing matter . Another of the same Author . When Venus shall a Prince and Empire raise And Jove's Constrain'd to give dull Saturn praise , Then shall the Laws and Powers Jove did Erect Strike Sail , and how to a Saturnine Sect. One of Shiptons own Prophecies England thy proper Native thee betrays , Because all Nations hate thee and thy ways . Spain doth Vndermine thee , France doth gnaw , Wales Threats thee , Irish thee by Snares do aw . Thy bravest men do on a suddain dye , And thou thy self dost wholly ruin'd lye , And seest it not , but under feigned Peace , Do'st thine own Misery still the more encrease . Having thus given the Nation in general , and the City in particular , a Prospect of some of the dangers predicted against them , and in possibility may be brought upon them , and by whom , and about what time ( viz. ) Soon after the Celebration of that Conjunction of Saturn and Jupiter , spoken of by Mr. Lilly , and is already preceded as followeth . First , by a restraint put upon Liberty of Conscience in Religious things , contrary to some Engagements past to another purpose ; and procured at the Request and Solicitation of such men as peradventure are of no Religion themselves , or at the best , such a Religion , whose Principle is to conclude ( Papist-like ) with Nulla Fides , otherwise it had never been desired , but we may thank the first Parliament for that . A second precedent is a Mercurial War managed with Tongue and Pen , apt Weapons for such a Warfare . Which is in all the Nation proclaimed by those distinguishing Nicknames of Whiggs and Tories obscenely and provokingly put upon the Adherents to the two adverse Parties in the quarrel ; id est , the Protestants and Papists , just as it was before the War began between the late King and Parliament , Anno 1642. when called Cavaliers and Round-Heads . A Third is , some apparent dangers which the City of London does now labour under , which may be part of the danger Mr. Lilly said the City should be in about 1683. The first is that of their Charter , called for by the King with a Quo Warranto , and as some think is in danger of being lost . The second is their Priviledges assaulted by their present Lord Mayor , who ( as his Lordship thinks ) has drank the Commons out of their Priviledge of Electing two Sheriffs . The third is their Religion in common with the rest of the Nation , and hath been and still is designedly assaulted by its common Enemies the Papists . But the fourth , last , and greatest , and worst danger , preceding the foresaid Conjunction , is the Miserable Divisions the whole Nation in general is fallen into , and labours under , making themselves two distinct parties , in absolute Opposition against each other , of which kind of danger it may be feared , that there is but little hope to escape from , unless the Lord send help some other way then is yet thought of . Therefore let 's yet consider Christs Words , A City divided against it self cannot stand . The present Condition , we now stand Labouring under , may probably be the matter , Mr. Gadbury said that the Heavens and Stars were preparing for Eighty three . This is it that the Popish Priests , Jesuits , and other Papists longed for ever since they miscarryed in their Design Anno 1678. and is the Product of what the Addressors from the North to West desired at the first , and what some Gentlemen near home Solicited so often for since , and which some of the Ministry , Magistracy , and People of the Church of England , do so violently prosecute against the Dissenters abroad , and which the Papists , Atheists and Debauchees of the Nation , do now rejoice in , and hope to confound the Protestant Religion , Laws , and Government by , against which , together with Popery with its ill Circumstances , or for avoiding thereof , a War , with its doubtful events , we should pray to God to deliver us from . Which War I mention the rather , because Mr. Lilly in his Almanacks for 77 and 81. saith , That the breach of Just Priviledges , Antient Customes , and Long-Enjoyed-Rights , will Animate the generality in some Nation to a strong and Sturdy Rebellion . For preventing of all which , that God may bless King Charles the Second , with Life to the height of old Age , shall be the dayly Prayers of this Author . FINIS . A71275 ---- The Wonderful preservation of Gregory Crow being shipwrackt upon the coast of Kent : shewing how this poor man threw away his money, saying if it pleased God to preserve him, he would likewise find him sustenance, and that his whole care was to preserve the New Testament he had, by putting it into his bosome. 1679 Approx. 8 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A71275 Wing W3373A ESTC R20426 12734289 ocm 12734289 66533 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 0 1.0 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 1, no. A71275) Transcribed from: (Early English Books Online ; image set 66533) Images scanned from microfilm: (Early English books, 1641-1700 ; 994:13 or 1112:12) The Wonderful preservation of Gregory Crow being shipwrackt upon the coast of Kent : shewing how this poor man threw away his money, saying if it pleased God to preserve him, he would likewise find him sustenance, and that his whole care was to preserve the New Testament he had, by putting it into his bosome. Morse, Thomas. [1], 3 p. [s.n.], London printed : 1679. Apparently written by the captain of the ship that saved Crow, one Thomas Morse. Cf. p. 2, 4th paragraph. This work found on reels 994:13 and 1112:12. Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Crow, Gregory. Shipwrecks -- England -- Religious aspects. 2004-01 TCP Assigned for keying and markup 2004-02 Apex CoVantage Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion THE Wonderful Preservation OF GREGORY CROW BEING SHIPWRACKT UPON THE COAST OF KENT . Shewing how this poor man threw away his Money , saying if it pleased God to preserve him , he would likewise find him sustenance ; and that his whole care was to preserve the New Testament he had , by putting it into his Bosome . London , Printed , 1679. THE Wonderful Preservation OF GREGORY CROW BEING SHIPWRACKT ON THE COAST of KENT . I Think it neither unseasonable , nor altogether unprofitable to give the world a true and impartial relation of one G. C. marvellously preserved with his New Testament upon the Seas for some days ; whereby they may learn to marvel and muse at the wonderful and unsearchable work of the Lord ; For , They that go down ( saith the Psalmist ) into the sea , labouring upon the water , have seen the works of the Lord , and his mighty wonders upon the deep , Psal. 106. &c. The Truth whereof may well appear in the following relation , being signified to me in a Letter from one Thomas Morse related to the said G. C. the Contents whereof are as followeth . Upon Tuesday after Whitsunday , a certain poor man , whose name was Gregory Crow , dwelling in Maulden , went to the sea , minding to have gone into Kent for Fulling-earth , but by the way , being foul weather , was driven upon a sand , where presently the Boat sunk , and was full of water , so that the men were forced to hold themselves by the Mast of the Boat , and all things that would swim did swim out of her . Amongst which Crow saw his Testament in the water , and caught it and put it in his bosome . Now it was ebbing water , so that within one hour the Boat was dry , but broken so as they could not save her ; but they went themselves upon the sand ( being ten miles at the least from the land ) and there made their prayers together , that God would send some Ship that way to save them ( being two men and one boy in all ; ) for they might not tarry upon the sand but half an hour , but it would be flood . In the which time they found their chest wherein was money to the sum of five pound six shillings and eight pence , the which mony the man which was with the said Crow ( whose name I know not ) took and gave it unto Crow who was the owner thereof , and he cast it into the sea , saying ; If the Lord will save our lives he will provide us a living , and so they went upon the Mast , there hanging by the arms and legs for the space of ten hours , in the which time the boy was so weary and beaten with the sea , that he fell off and was drowned . And when the water was gone again , and the sand dry , Crow said to his man , it were best for us to take down our Masts , and when the flood cometh we will sit upon them , and so it may please GOD to bring us to some Ship that may take us up . Which thing they did , and so at ten of the clock in the night of the same Tuesday , the flood did bear up the Mast whereupon they sate . And upon the Wednesday in the night the man died , being overcome with hunger and watching . So there was none left but this Crow , who driving up and down in the sea , called upon God as he could , and might not sleep for fear that the sea would have beaten him off . So at length I my self ( said Thomas Morse ) being laden to Antwerp with my Crayer , going from Lee upon Friday , having within my Crayer Mariners and Merchants , to the number of 46 persons , and so coming to the Foreland , the wind was not very good , so that I was constrained to go somewhat out of my way , being in the afternoon about six of the clock , where at last we saw a thing a far off , appearing unto us like a small buoy , that Fishermen do use to lay with their hooks . When we saw it , some said , Let us have some fish . And I said to him that was at the helm ; Keep your course away , for we shall but hinder the Fisherman , and have no Fish neither , and so at my commandment he did . But at length he at the helm standing higher than all we did , said ; Methink Master , it is a man. But yet they , being in doubt that it was but a Fishers buoy , turned the Ship from him again to keep their course . Crow beholding the Ship to turn from him , being then in utter despair , and ready now to perish with watching , famine , and moreover miserably beaten with the seas , at last took his Mariners cap from his head , and holding up the same with his arm , as high as he could , thought by shaking it as well as he might , to give them some token of better sight . Whereupon the Steeresman more sensibly perceiving a thing to move , advertised us again , declaring how he did plainly see a mans arm ; and with that we all beheld him well , and so came to him and took him up . And as soon as we had him in our Ship , he began to put his hand in his bosome ; and one asked him if he had money there . No , said he , I have a book here , I think it be wet ; and so drew out his Testament which we then dried . But the sea had so beaten him , that his eyes , nose , and mouth were almost closed with salt , that the heat of his face and the weather had made . So we made a fire and shifted him with dry clothes , and gave him Aqua Composita to drink , and such meat as was in the Ship , and then let him sleep . The next day we awaked him about eight of the clock in the morning , and his blood began to appear somewhat in his flesh ( for when we took him up , his flesh was even as though it had been sodden , or as a drowned mans is ) and then we talked with him of all the matter before rehearsed . And so sailing to Antwerp , the Merchants which saw the thing published the same in Antwerp ; and because it was wonderful , the people there both men and women came to the Ship to see him many of them . Some gave him a Peticoat , and some a Shirt , some hose , and some money ( always noting how he cast away his money , and kept his book . ) And many of the women wept when they heard and saw him . And Master Governour of the English nation there had him before him , and talked with him of all the matter ; and pitying his case , commanded the Officer of the English house to go with him to the free Host-houses amongst the English Merchants , and I with them , and at three houses there was given him six pound ten shillings . And so from thence he went with me to Roane , where the people also came to him to see him , marvelling at the great works of God. And thus much concerning this poor man with his New Testament preserved in the Sea ( which Testament the Popes Clergy condemneth on the land ) ye have heard , as I received by the relation of the party abovenamed , who was the doer thereof , and yet alive dwelling in Lee , well known to all Merchants of London . In which story this by the way understand , good Reader ( which rightly may be supposed ) that if this poor man , thus found and preserved in the Sea with a New Testament in his bosome , had had instead of that a Pixe with a consecrated hoste about him , no doubt it had been rung ere this time all Christendome over for a miracle , so far as the Pope hath any land . FINIS . A83624 ---- Die Jovis, 21 Martii, 1643. Whereas the Lords and Commons assembled in Parliament, by an ordinance of the 14. of Ianuarie, 1642. did for severall reasons in the said ordinance mentioned, prohibite all ships and other vessels, to carry provisions of victualls, armes, or money, unto New-castle, Sunderland, or Blithe, ... England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A83624 of text R212038 in the English Short Title Catalog (Thomason 669.f.7[72]). 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. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A83624 Wing E2493 Thomason 669.f.7[72] ESTC R212038 99870693 99870693 161053 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 0 1.0 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 1, no. A83624) Transcribed from: (Early English Books Online ; image set 161053) Images scanned from microfilm: (Thomason Tracts ; 245:669f7[72]) Die Jovis, 21 Martii, 1643. Whereas the Lords and Commons assembled in Parliament, by an ordinance of the 14. of Ianuarie, 1642. did for severall reasons in the said ordinance mentioned, prohibite all ships and other vessels, to carry provisions of victualls, armes, or money, unto New-castle, Sunderland, or Blithe, ... England and Wales. Parliament. 1 sheet ([1] p.) Printed for John Wright in the Old-bailey, March 23. London : 1643. [i.e. 1644] An ordinance of Parliament permitting trade to be resumed with Sunderland and Blyth. Title from caption and first lines of text. Order to print signed: John Browne Cleric. Parliamentorum. Reproduction of the original in the British Library. eng Shipping -- England -- Early works to 1800. Trade regulation -- England -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A83624 R212038 (Thomason 669.f.7[72]). civilwar no Die Jovis, 21 Martii, 1643. Whereas the Lords and Commons assembled in Parliament, by an ordinance of the 14. of Ianuarie, 1642. did for sev England and Wales. Parliament. 1643 401 1 0 0 0 0 0 25 C The rate of 25 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-11 TCP Assigned for keying and markup 2007-11 Apex CoVantage Keyed and coded from ProQuest page images 2007-12 Elspeth Healey Sampled and proofread 2007-12 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Die Jovis , 21 Martii , 1643. WHereas the Lords and Commons Assembled in Parliament , by an Ordinance of the 14. of Ianuarie , 1642. did for severall reasons in the said Ordinance mentioned , prohibite all Ships and other Vessells , to carry Provisions of Victualls , Armes , or Money , unto New-castle , Sunderland , or Blithe , or make returne of any Coales , or Salt , from either the said places , under paine of seizure of the said Ships , and Vessells , and their Lading . And whereas by the good Providence and Blessing of Almighty God , and the endeavours of our Bretheren of Scotland , the Townes and Ports of Sunderland , and Blithe , are lately rescued out of the hands of the Enemy , and reduced to the obedience of the King and Parliament : The Inhabitants of which places , by reason of the Rapine and spoyle of the Enemy , have beene probably brought to some Extremitie of Want . It is this day Ordered by the Lords and Commons , That it shall & may be lawfull for any person or persons , under the obedience of the King and Parliament from hence forward , to Trade and goe with their Ships and Vessells unto either of the said Ports of Sunderland , or Blithe , and to carry with them Armes , Ammunition , Corne , or any other Provision of Victualls , for the Reliefe of the said Inhabitants , And the Armies of our said Brethren of Scotland , or such other Forces as are , or shall be imployed in the Service of the King and Parliament , for the defence of the King , Parliament , and Kingdome ; And to make returnes of Coales , Salt , or other Merchandizes , from the said severall Ports , unto any Port or place within this Kingdome , which are , or shall be , under the power of the Parliament ; any Former Order , or Ordinance to the contrary in any wise notwithstanding . Die Iovis , 21 Martii , 1643. ORdered by the Lords Assembled in Parliament , That this Ordinance be forthwith Printed and published . John Browne Cleric . Parliamentorum . March 23 , London Printed for John Wright in the Old-bailey ▪ 1643. A38203 ---- Articles of accusation, exhibited by the Commons House of Parliament now assembled, against Sr. John Bramston Knight, Sr. Robert Berkley Knight, justices of His Majesties Bench, Sr. Francis Crawley Knight, one of the justices of the Common-Pleas, Sr. Humphrey Davenport Knight, Sr. Richard Weston Knight, and Sr. Thomas Trevor Knight, barons of His Majesties Exchequer England and Wales. Parliament. House of Commons. This text is an enriched version of the TCP digital transcription A38203 of text R6725 in the English Short Title Catalog (Wing E2521). 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. 99 KB of XML-encoded text transcribed from 26 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A38203 Wing E2521 ESTC R6725 12143614 ocm 12143614 54885 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 0 1.0 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 1, no. A38203) Transcribed from: (Early English Books Online ; image set 54885) Images scanned from microfilm: (Early English books, 1641-1700 ; 761:14) Articles of accusation, exhibited by the Commons House of Parliament now assembled, against Sr. John Bramston Knight, Sr. Robert Berkley Knight, justices of His Majesties Bench, Sr. Francis Crawley Knight, one of the justices of the Common-Pleas, Sr. Humphrey Davenport Knight, Sr. Richard Weston Knight, and Sr. Thomas Trevor Knight, barons of His Majesties Exchequer England and Wales. Parliament. House of Commons. Bramston, John, Sir, 1577-1654. Berkeley, Robert, Sir, 1584-1656. Crawley, Francis, Sir, 1573 or 4-1649. Davenport, Humphrey, Sir, 1566-1645. Weston, Richard, Sir, 1579?-1652. Trevor, Thomas, Sir, 1586-1656. [2], 48 p. Printed for I.H., [London] : 1641. Reproduction of original in Huntington Library. Sir Robert Berkeley was charged with treason, the others were impeached. The charges included that of delivering opinions favorable to the right of the crown to collect ship-money. eng Ship-money. A38203 R6725 (Wing E2521). civilwar no Articles of accusation, exhibited by the Commons House of Parliament now assembled, against Sr. John Bramston Knight, Sr. Robert Berkley Kni England and Wales. Parliament. House of Commons 1641 17266 4 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2006-04 TCP Assigned for keying and markup 2006-07 SPi Global Keyed and coded from ProQuest page images 2006-09 John Latta Sampled and proofread 2006-09 John Latta Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion ARTICLES OF ACCUSATION , EXHIBITED By the Commons House of Parliament now assembled , AGAINST Sr. John Bramston Knight , Justice of his Majesties Bench . Sr. Robert Berkley Knight , Justice of his Majesties Bench . Sr. Francis Crawley Knight , one of the Justices of the Common-pleas . Sr. Humphrey Davenport Knight , Baron of his Majesties Exchequer . Sr. Richard Weston Knight , Baron of his Majesties Exchequer and . Sr. Thomas Trevor Knight , Baron of his Majesties Exchequer . 2 CHRON. 19.6 , 7. Jehosophat said to the Judges , Take heed what ye do : for ye judge not for man , but for the Lord ; wherefore let the feare of the Lord be upon you ; for there is no iniquitie with the Lord our God , nor taking of gifts . Printed for I. H. 1641. The Articles of impeachment of Sir Robert Berkley Knight , one of the Justices of the Court of the Kings Bench ; by the Commons in this present Parliament assembled , in their owne name , and in the name of all the Commons of England , in maintenance of their accusation , whereby he standeth charged with high treason , and other great misdemeanors . INprimis , that the said Sir Robert Berkley , then being one of the Justices of the said Court of Kings Bench , hath traiterously , and wickedly , endevoured to subvert the fundamentall Lawes , and established government of the Realme of England ; and , instead thereof , to introduce an Arbitrarie , and Tyrannicall government against Law , which he hath declared by traiterous and wicked words , opinions , judgements , practises , and actions appearing in the severall Articles ensuing . 2 Whereas by the Statute made in the five & twentieth year of the raigne of the late King Henry the eighth , prices of Victualls are appointed to be rated in such manner , as in the said Statute is declared : But it is manifest by the said Statute , Corne is none of the victuals thereby intended . Neverthelesse some ill-affected persons endevouring to bring a charge upon the subjects contrary to Law , did surmise that the prices of Corne might be rated , and set according to the direction of that Statute , and thereupon great gaine might be raised to his Majestie , by licences and dispensations for selling Corne at other prices : And a command from his Majestie being procured to the Judges , and sent to them by William Noye Esquire , his Majesties then Attorney generall ; to deliver their opinions touching the question , whether Corne was such victuals as was intended to have the price rated within the said Statute : In answer to which demand , the said Sir Robert Berkley then being one of his Majesties Justices of the Court of Kings Bench , in furtherance of the said unlawfull charge , endevoured to be imposed , as aforesaid , the 30. day of November , in the 8. year of his now Majesties Raigne , did deliver his opinion , that Corne was such victuall as was intended to have the price rated within the said Statute ; which said opinion was contrary to Law , and to the plaine sence , and meaning of the said Statute ; and contrary to his owne knowledge , and was given and delivered by him , with a purpose and intention , that the said unlawfull charge might be imposed upon the Subject . 3 That an information being preferred in the Court of Star-chamber by they said William Noy , his Majesties then Attorney generall , against John Overman , and fifteen other Soape makers Defendants , charging them with severall pretended offences , contrary to divers Letters Patents and Proclamations , touching the making and uttering Soape , and using the trade of Soape-makers , and other offences in the said Information mentioned , whereunto the Defendants did plead , and demurre as to part , and answer to other part of the said Information : And the said Plea and demurter being over-ruled , for that the particulars therein insisted upon , would appeare more fully after answer and proofe ; therefore the Defendants were ordered to answer without prejudice , and were to be admitted to such exceptions to the said Information , and advantages of the matter of the Plea and demurrer upon the hearing as shall be materiall ; and accordingly the Defendants did put in their answers , and set forth severall Acts of Parliament , Letters Patents , Charters , Customes , and Acts of Common-councell of the Citie of London , and other matters materially conducing to their defence ; and in conclusion pleaded not guiltie . The said Sir Robert Berkley then being one of the Justices of the Court of Kings Bench , upon the 30. day of March , in the eighth yeare of his Majesties now raigne , upon an Order of Reference to him and others by the said Court of Star-chamber , to consider of the impertinencie of the said answers , did certifie the said Court of Star-chamber , that the whole answers , excepting the foure words and ten last lines , should bee expunged , leaving thereby no more in substance of the said answers , then the Plea of not guiltie . And after upon a Reference to him and others , by order of the said Court , of the impertinencie of the Interrogatories and depositions of witnesses taken on the Defendants part ; in the same case the said Sir Robert Berkley , upon the second day of May , in the eighth yeare of his now Majesties raigne , certified that nine and thirtie of the said Interrogatories , and the depositions upon them taken , should be suppressed , with answers ( except as aforesaid ) and depositions , although the same did containe the said Defendants most materiall defence . Yet were expounged and suppressed according to the said Certificates ; both which said Certificates were contrary to Law , and Justice , and contrary to his the said Sir Robert Berkley's owne knowledge , and contrary to the said former order , whereby the advantages were saved to the Defendants , as aforesaid : And by reason thereof , the said John Overman , and the said other fifteene Defendants , were sentenced in the said Court of Star-chamber , to be committed prisoners to the Fleete , and disabled from using their trade of Soape-makers : And one of them fined in a thousand five hundred pounds ; two of them in a thousand pound a peece ; foure of them in a thousand Marke a peece ; the rest five hundred pounds a peece ; which fines were estreated into the Exchequer without any mitigation : And the said Defendants according to the said sentence were imprisoned , and deprived of their trade and livelihood , tending to the utter ruine of the said Defendants , and to the overthrow of free trade , and contrary to the libertie of Subjects . 4 That hee the said Sir Robert Berkley then being one of the Justices of the Court of Kings Bench , and having taken an oath for the due administration of Justice , according to the Lawes and Statutes of this Realme , to his Majesties liege people , on or about the last of December subscribed an opinion , in haec verba : [ I am of opinion , that as where the benefit doth more particularly redound to the good of the Ports , or Maritime parts , ( as in case of Pyracie or Depredations upon the Seas ) there the charge hath beene , and may be lawfully imposed upon them , according to presidents of former times ; so where the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger , ( of which his Majestie is the onely Judge ) there the charge of the defence ought to be borne by all the Realme in generall : this I hold agreeable both to Law and reason . ] 5 That he the said Sir Robert Berkley , then being one of the Justices of the Court of Kings Bench , and duly sworne as aforesaid , in February 1636. subscribed an extrajudiciall opinion , in answer to questions in a letter from his Majestie , in haec verba : Charles R. When the good and safetie of the kingdome in generall is concerned , and the whole kingdome in danger , whether may not the King , by writ under the great Seale of England , command all the Subjects of this kingdome , at their charge , to provide and furnish such number of Ships with Men , Victuall and Munition ; and for such time , as hee shall thinke fit , for the defence and safeguard of the kingdome , from such danger and perill ; and by Law compell the doing thereof in case of refusall , or refractorinesse ? And whether in such case is not the King the sole Judge , both of the danger , and when , and how the same is to bee prevented and avoided ? C. R. May it please your most excellent Majestie , We have , according to your Majesties command , severally every man by himselfe , and all of us together , taken into serious consideration the Case and Question signed by your Majestie , and inclosed in your Royall letter ; and we are of opinion , that when the good and safetie of the kingdome in generall is concerned , and the whole kingdome in danger , your Majestie may , by writ under the great Seale of England , command all your Subjects of this your kingdome , at their charge , to provide and furnish such number of Ships with Men , Victuall and Munition ; and for such time as your Majestie shall thinke fit , for the defence and safeguard of the kingdome , from such danger and perill ; And that by Law your Majestie may compell the doing thereof in case of refusall , or refractorinesse : And we are also of opinion that in such case , your Majestie is the sole Judge both of the danger , and when , and how the same is to bee prevented and avoided . John Brampston , John Finch , Humphrey Davenport , John Denham , Richard Hutton , William Jones , George Crooke , Thomas Trevor , George Vernon , Robert Berkley , Francis Crawley , Richard Weston . 6 That he the said Sir Robert Berkley , then being one of the Justices of the Court of Kings Bench , and duely sworne as aforesaid , did on the 〈◊〉 deliver his opinion in the Exchequer Chamber , against John Hampden Esquire in the Case of Ship-money , That he the said John Hampden upon the matter and substance of the Case , was chargeable with the money then in question : A copie of which proceeding , and judgement , the Commons of this present Parliament have delivered to your Lordships . 7 That he the said Sir Robert Berkley , then being one of the Justices of the Court of Kings Bench , and one of the Justices of Assize for the Countie of Yorke ; did at the Assizes held at Yorke in Lent , 1636. deliver in his charge to the grand Jurie , that it was a lawfull and inseparable flower of the Crowne , for the King to command not only the Maritime Counties , but also those that were In-land , to finde ships for the defence of the Kingdome . And then likewise falsely , and malitiously affirmed , that it was not his single judgement , but the judgement of all his brethren , witnessed by their subscriptions : And then also said , that there was a rumour that some of his Brethren that had subscribed , were of a contrary judgement ; but it was a base and unworthy thing , for any to give his hand contrary to his heart ; and then wished for his owne part that his hand might rot from his arme , that was guiltie of any such crime ; when as he knew that Mr. Justice Hutton and Mr. Justice Crooke , who had subscribed , were of a contrary opinion , and was present when they were perswaded to subscribe ; and did subscribe for conformitie , onely because the major number of the Judges had subscribed . And hee the said Sir Robert Berkley then also said , that in some Cases the Judges were above an Act of Parliament ; which said false and malitious words were uttered , as aforesaid , with intent and purpose to countenance and maintaine the said unjust opinions . and to terrifie his Majesties Subjects that should refuse to pay Ship-money , or seeke any remedie by Law against the said unjust and illegall taxation . 8 That whereas Richard Chambers Merchant having commenced a suit for trespasse and false imprisonment against Sir Edward Bromfield Knight , for imprisoning him the said Chambers for refusing to pay Ship-money , in the time that the said Sir Edward Bromfield was Lord Maior of the Citie of London , in which suit the said Sir Edward Bromfield did make a speciall justification : The said Sir Robert Berkley then being one of the Justices of the Court of Kings Bench , in Trinitie Terme last , then sitting on the Bench in the said Court , upon debate of the said Case , betweene the said Chambers and Sir Edward Bromfield , said openly in the said Court , that there was a rule of Law , and a rule of government : And that many things which might not be done by the rule of Law , might be done by the rule of government ; and would not suffer the point of legality of Ship-money to be argued by the said Chambers his Councell ; all which opinions , declarations , words and speeches , contained in the third , fourth , fifth , sixth , seventh , and eighth Articles , are destructive to the fundamentall Lawes of this Realme , the Subjects right of property , and contrary to former resolutions in Parliament , and to the petition of right : which resolutions in Parliament and petition of right were well knowne to him , and resolved , and enacted , when he was the Kings Sergeant at law , and attendant in the Lords house of Parliament . 9 That he the said Sir Robert Berkley , then being one of the Judges of the Court of Kings Bench , and being in commission of the Peace , and duly sworne to execute the office of a Justice of Peace in the County of Hertford , on or about the seventh of January , 1638. at which time the generall Sessions of the Peace for the said Countie were there holden : The said Sir Robert Berkley , then and there sitting on the Bench , did revile and threaten the grand Jurie returned to serve at the said Sessions , for presenting the removall of the Communion Table in All Saints Church in Hertford aforesaid out of the place where it anciently and usually stood , and setting it Altar-wayes , against the Lawes of this Realme , in that Case made and provided , as an innovation in matters concerning the Church ; the said grand Jurie having delivered to them in charge at the said Sessions , by Master Sergeant Atkins a Justice of Peace of the said County of Hertford , that by the oath they had taken , they were bound to present all innovations concerning Church matters . And he the said Sir Robert Berkley compelled the fore-man of the Jurie , to tell him who gave him any such information , and thereby knowing it to be one Henry Browne , one of the said grand Jurie , he asked the said Browne how he durst meddle with Church matters ; who affirming that in the said charge from Master Sergeant Atkins , the said Jurie were charged so to do ; he the said Sir Robert Berkley told the said Browne , hee should therefore finde 〈◊〉 for the good behaviour : and that hee the said Sir Robert Berkley would set a great fine on his head , to make him an example to others ; and thereupon the said Browne offered sufficient baile : but hee the said Sir Robert Berkley , being incensed against him , refused the said baile , and committed the said Browne to prison , where hee lay in Irons till the next morning , and used to the said Browne and the rest of the Jurors , many other reviling and terrifying speeches ; and said , he knew no Law for the said presentment , and told the said Browne that he had sinned in the said presentment : And hee compelled the said grand Jurors to say , they were sorrie for what they had done in that presentment ; and did bid them to trample the said presentment under their feet , and caused Browne to teare the said presentment in his sight . And hee the said Sir Robert Berkley , when as John Houland , and Ralph Pemberton late Maior of St. Albans , came to desire his opinion on severall Indictments against John Browne Parson of Saint Albans , and Anthonie Smith Vicar of St. Peters in Saint Albans , at the quarter Sessions held for the said towne of St. Albans on the foure and twentieth of June , 1639. for the removall of the Communion Table out of the usuall place , and not administring the Sacrament according to the Law in that Case provided , Hee the said Sir Robert Barkley then told them that such an Indictment was before him at Hertford , and that he quashed the same , and imprisoned the Promoters ; by which threatning and reviling speeches , unjust actions and declarations he so terrified the Jurors in those parts , that they durst not present any Innovations in Church matters , to their great griefe and trouble of their consciences . And whereas severall indictments were preferred against John Brooke Parson of Yarmouth by John Ingrane and John Carter , for refusing severall times to administer the Sacrament of the Lords supper to them without any lawfull cause , at the Assizes held at Norwich in 〈◊〉 1633. he the said Sir Robert Berkley then being one of the Judges of the Assize ▪ proceeded then to the triall on the said Indictments ; where the matter in issue being , that the said Brooke refused to administer the said Sacrament , because the said Ingram and Carter would not receive tickets with their Sir-names before their Christen-names , which was a course never used amongst them but ; by the said Brooke ; He the said Sir Robert Berkley did then much discourage the said Ingrams Councell , and over-ruled the cause for matter of Law , so as the Jurie never went from the Bar but there found for the said Brooke . And the said Sir Robert Berkley bound the said Ingram to the good behaviour for prosecuting the said Indictments ; and ordered him to pay costs to the said Brooke for wrongfully inditing him . And whereas the said Carter , not expecting the triall at the same Assizes , he preferred his Indictment , was then absent , whereupon the said Sir Robert Berkley did cause to be entred on the said Indictment , a vacat quia non sufficiens in lege , and ordered an attachment against the said Carter , which said proceedings against the said Ingram and Carter , by the said Sir Robert Berkley , were contrary to Law and Justice , and to his own knowledge . 10. That the said Sir Rob. Berkley , being one of the Justices of the Court of Kings Bench , and duely sworn as aforesaid , in Trinitie Terme , an. 1637. deferred to discharge or baile Alexander Jennings prisoner in the Fleet , brought by Habeas Corpus to the Bar of the said Court , the returne of his Commitment being , that he was committed by two severall warrants from the Lords of the Councell , dated the fift of November 1636. the first being onely read in Court expressing no cause , the other for not paying Messengers fees ; and untill he should bring a certificate that hee had paid his Assessement for Ship-money in the County of Bucks , but remitted him : And in Michaelmas Terme after , the said Jennings being brought by another Habeas Corpus before him , as aforesaid , and the same returned ; yet he the said Sir Robert Berkley , refused to discharge or baile him , but remitted him . And , in Easter Terme , after severall rules were given for his Majesties Councell to shew cause why the said Jenings should not be bailed , a fourth rule was made for the said Jenings , to let his Majesties Attorney Generall have notice thereof , and notice was given accordingly ; and the said Jenings by another Habeas Corpus , brought to the Barre in Trinity Terme after , and the same returne with this addition of a new Commitment of the fourth of May , suggesting he the said Jenings had used diverse scandalous words in derogation and disparagement of his Majesties government : He the said Jenings after severall rules in the end of the said Trinity Terme , was againe remitted to prison . And he the said Sir Robert Berkley , did on the fifth of June last , deferre to grant his Majesties Writ of Habeas Corpus , for William Pargiter and Samuel Danvers Esquires , prisoners in the Gate-house , and in the Fleet : And afterwards having granted the said Writ of Habeas Corpus , the said Pargiter and Danvers were on the eighth of June last , brought to the Barre of the said Court , where the returnes of their Commitments were severall warrants from the Lords of the Councell , not expressing any cause ; yet he the said Sir Robert Berkley , then sitting in the said Court , deferred to baile the said Pargiter and Danvers , and the eighteenth of June last , made a rule for a new returne to be received , which were returned the five and twentieth of June last , in haec verba : Whereas his Majestie finding that his subjects of Scotland , have in rebellious and hostile manner assembled themselves together , and intend not onely to shake off their obedience unto his Majestie , but also as enemies to invade and infest this his Kingdome of England , to the danger of his Royall Person , &c. For prevention whereof , his Majestie hath by the advice of his Councell-board , given speciall commandement to all the Lord Lievtenants of all the Counties of this Realme , appointed for their Randenvouz , in their severall and respective Counties , there to be conducted and drawne together into a body for this service . And whereas his Majestie , according to the Lawes and Statutes of this Realme , and the constant custome of his Predecessours , Kings and Queenes of this Realme , hath power for the defence of this kingdome , and resisting the force of the Enemies thereof , to grant forth Commissions under his great Seale to such fit persons as he shall make choice of , to array and arme the Subjects of this kingdome , and to compell those who are of able body , and of able estates , to arme themselves ; and such as should not be able of bodies , but of ability in estate , to assesse them according to their estates , to contribute towards the charge of arraying and arming others , being able of body , and not able in estate , to arme themselves . And such persons as should be contrariant to commit to prison , there to remaine untill the King should take further order therein . And whereas the Earle of Exeter , by vertue of his Majesties Commission to him directed , for the arraying and arming of a certaine number of persons in the County of Northampton , hath assest William Pargiter , being a man unfit of body for that service , but being of estate and ability fit to contribute amongst others , to pay the summe of five shillings towards the arraying and arming of others of able bodies , and wanting ability to array and arme themselves . And whereas we have received information from the said Earle , that the said William Pargiter hath not onely in a wilfull and disobedient manner refused to pay the said money assessed upon him towards so important a service , to the disturbance and hinderance of the necessary defence of this kingdome ; but also by his ill example hath mis-led many others , and , as we have just cause to beleeve , hath practised to seduce others from that ready obedience which they owe , and would otherwise have yeelded to his Majesties just command , for the publike defence of his person and kingdom ; which we purpose with all convenient speed to enquire further of and examine . These are therefore to will and require you , to take into your custody the persons of the said William Pargiter , and Samuel Danvers ; and them safely to keepe prisoners till further order from this Board , or untill by due course of Law they shall be delivered : Yet he the said Sir Robert Berkley , being desired to baile the said Pargiter and Danvers , remitted them , where they remained prisoners till the ninth of November last , or thereabouts , although the said Jennings , Pargiter , and Danvers , on all and every the said returnes , were cleerly baileable by Law ; and the Councell of the said Jennings , Pargiter , and Danvers ▪ offered in Court very sufficient baile . And he the said Sir Robert Berkley , being one of the Justices of the Court of Kings Bench , denied to grant his Majesties Writs of Habeas Corpus to very many others his Majesties subjects ; and when he had granted the said Writs of Habeas Corpus to very many others his Majesties subjects , and on the returne no cause appeared , or such onely as was clearly baileable by Law ; yet he remanded them , where they remained prisoners very long ; which said deferring to grant the said Writs of Habeas Corpus , and refusals , and delayes to discharge prisoners , or suffer them to be bailed , contained in this Article , are destructive to the fundamentall Lawes of this Realme , and contrary to former resolutions in Parliament , and to the petition of Right ; which said resolutions and petition of Right were well knowne to him the said Sir Robert Berkley , and were resolved on and enacted , when he was the Kings Serjeant at Law , and Attendant in the Lords House in Parliament . 11 That wheras there was a cause depending in the Court Christian at Norwich , betweene Samuel Booty Clerke , and 〈◊〉 Collard for 2 . s . in the l. for tithes , for rents , and houses in Norwich , and the said Collard moved by his Councell in the Court of Kings Bench for a prohibition to stay proceedings in the Court Christian at Norwich , and delivered into the said Court of Kings Bench his suggestions , that the said cause in the said Court Christian was onely for tythes for rents of houses in Norwich , which was determinable by the Common Law onely : yet hee the said Sir Robert Berkley , being one of the Justices of the said Court of Kings Bench , and sitting in the said Court , deferred to grant a Prohibition to the said Court Christian in the said cause , although the Councell did move in the said Court many severall times , and severall termes for a Prohibition : And he the said Sir Bobert Berkley deferred to grant his Majesties writ of Prohibition to severall other Courts on the motions of divers others of his Majesties subjects , where the same by the Lawes of this Realme ought to have been granted , contrary to the Laws of this Realme , and his owne knowledge . All which words , opinions , and actions , were so spoken and done by him the said Sir Robert Berkley traiterously and wickedly to alienate the hearts of his Majesties liege people from his Majestie , and to set a division betwixt them , and to subvert the fundamentall Lawes and established government of his Majesties Realme of England : For which they doe impeach him the said Sir Robert Berkley one of the Justices of the Court of Kings Bench , of high treason against our Soveraigne Lord the King his Crowne and Dignity , and of the misdemeanours above-mentioned . And the said Commons by protestation , saving to themselves onely the liberties of exhibiting at any time hereafter , any other accusation or impeachment against the said Sir Robert Berkley , and also of replying to the answer , that he the said Sir Robert Berkley shal make to the said Articles , or any of them , or of offering proofe of the premisses , or any other impeachments or accusations that shall be exhibited by them , as the Case shall according to the course of Parliaments require , Doe pray that the said Sir Robert Berkley , one of the Justices of the Court of Kings Bench , may be put to answer to all and every the premisses ; and that such proceedings , examinations , trialls , judgements and executions , may be upon every of them had and used , as is agreeable to Law and Justice . Articles of the House of Commons , in the name of themselves , and all the Commons of England , against Sir Iohn Brampston Knight , Lord chiefe Iustice of the Court of Kings Bench , impeaching him as followeth . 1. THat the said Sir Iohn Brampston , then being Lord Chiefe Iustice of the Court of Kings Bench , and having taken an oath for the due administration of justice to his Majesties liege people , according to the Lawes and Statutes of this Realme , did on or about the last of November 1635. subscribe his name to an opinion , in haec verba : [ I am of opinion , that as where the benefit doth more peculiarly redound to the good of the Ports , or Maritime ports , ( as in case of Pyracie or Depredations upon the Seas ) there the charge hath beene , and may be lawfully imposed upon them , according to presidents of former times ; so where the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger , ( of which his Majestie is the onely Iudge ) there the charge of the defence ought to be borne by all the realme in generall : this I hold agreeable both to Law and reason . ] 2 That hee the said Sir Iohn Brampston , then being Lord cheife Iustice of the Court of Kings Bench , about the Moneth of February , 1635. did subscribe an extrajudiciall opinion in answer to questions in a letter from his Majestie , which letter , questions and answer follow , in haec verba ; Charles R. When the good and safetie of the Kingdome in generall is concerned , and the whole kingdome in danger , whether may not the King , by writ under the great Seale of England , command all the Subjects of this kingdome , at their charge , to provide and furnish such number of Ships with Men , Victuall and Munition ; and for such time , as hee shall thinke fit , for the defence and safeguard of the kingdome , from such danger and perill ; and by Law compell the doing thereof in case of refusall , or refractorinesse ? And whether in such case is not the King the sole Judge , both of the danger , and when , and how the same is to be prevented and avoided ? C. R. May it please your most excellent Majestie , We have , according to your Majesties command , severally every man by himselfe , and all of us together , taken into serious consideration the Case and Question signed by your Majestie , and inclosed in your Royall letter ; and wee are of opinion , that when the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger , your Majestie may , by writ under the great Seale of England , command all the Subjects of this your kingdome , at their charge , to provide and furnish such number of Ships with Men , Victuall and Munition ; and for such time as your Majestie shall thinke fit , for the defence and safeguard of the kingdome , from such danger and perill ; and that by Law your Majestie may compell the doing thereof in case of refusall , or refractorinesse : And we are also of opinion that in such case your Majesty is the sole Judge both of the danger , and when , and how the same is to bee prevented and avoided . John Brampston , John Finch , Humphrey Davenport , John Denham , Richard Hutton , William Jones , George Crooke , Thomus Trevor , George Vernon , Robert Berkley , Francis Crawley , Richard Weston . Which said opinions contained in the first and second Articles , are destructive to the fundamentall Lawes of this Realme , the subjects right of property , and contrary to former resolutions in Parliament , and to the petition of right . 3 That he the said Sir John Brampston , then Lord chief Justice of the Court of Kings Bench , about Trinity Terme , 1637. refused to baile or discharge Alexander Jennings prisoner in the Fleet , brought by Habeas Corpus to the barre before him , the returne of this Commitment being two severall warrants from the Lords of the Councell , dated the fifth of November 1635. the first expressing no cause , the other for not paying messengers fees , and untill he should bring certificate that he had paid his Assessement for ship-money , in the County of Bucks : And the said Sir John Brampston , the first warrant being onely read , then said , The cause of this Commitment did not appeare ; and it was not fit for every Goaler to be made acquainted by the Lords of the Councell why they committed , and therfore remitted him ; and in Michaelmas Terme after , the said Jennings being brought by another Habeas Corpus , as aforesaid , and the same returned , yet hee the said Sir John Brampston , refused to discharge or baile him , but remitted him . And in Easter Terme next , after severall rules for his Majesties Councell to shew cause why he the said Jennings should not be bailed , a fourth rule was made for the said Jennings , to let his Majesties Attorney have notice , which notice was given accordingly , yet he remitted him . And the said Jennings by another Habeas Corpus brought to the Barre , as aforesaid , in Trinity Terme after , and the same returne with the addition of a new Commitment of the fourth of May , 1638. suggested , that he the said Jennings had used divers scandalous words in derogation and disparagement of his Majesties government ; after severall rules , in the end of the said Trinity Terme , hee againe remitted him to prison . And he the said Sir John Brampston , about the ninth of July after , at his chamber in Serjeants Inne , being desired by Master Meautis , one of the Clerkes of the Councell-board , to discharge the said Jennings , for that he the said Jennings had entred into a Bond of 1000. pounds , to appeare before the Lords of the Councell the next Michelmas Terme after , and to attend de die in diem ; yet hee the said Sir John Brampston refused to discharge the said Jennings untill hee entered into Recognizance to appeare the next Terme , and in the meane time to bee of his good behaviour . And the said Jennings was continued on his said Recognizance till Easter Terme after . And the said Sir Iohn Brampston , did on the 5. of June , 1640. deferre to grant his Majesties writ of habeas Corpus for Samuel Danvers , and William Pargiter Esquires , prisoners in the Gate-house , and in the Fleet ; and when hee had granted the said writ , the said eighth of Iune after the returne , being the order of the Councell Table , not expressing any cause , hee the said Sir Iohn Brampston deferred to baile the said Pargiter . And the eighteenth of Iune after made a rule for a new returne to bee received , which was returned the five and twentieth of the said Iune , in haec verba : Whereas his Majesty finding that his Subjects of Scotland , have in rebellious and hostile manner assembled themselves together , and intend not onely to shake off their obedience unto his Majesty , but also as enemies to invade and infest this his Kingdome of England , to the danger of his royall person , &c. For prevention whereof his Majesty hath , by the advice of his Councell-board , given speciall commandement to all the Lord Lievtenants of all the Counties of his Realme . with expedition , to array and arme a certaine number of able men in each County , to be prepared , and ready to be conducted to such place as should be appointed for their Randezvouz , in their severall and respective Counties , there to be conducted and drawne together into a body for this service . And whereas his Majesty , according to the Lawes and Statutes of this Realme , and the constant custome of his Predecessours , Kings and Queenes of this Realme hath power , for the defence of this Kingdome , and resisting the force of the enemies thereof , to grant forth Commissions under his great Seale to such fit persons as he shall make choice of , to array and arme the subjects of this Kingdome , and to compell those who are of able bodies , and of able estates , to arme themselves ; and such as should not be of able bodies , but of ability in estate , to assesse them according to their estates , to contribute towards the charge of arraying and arming others being able of body , and not able in estate to arme themselves : And such persons as should be contrariant to commit to prison , there to remaine untill the King should take further order therein . And whereas the Earle of Exeter , by vertue of his Majesties Commission to him directed , for the arraying and arming of a certaine number of persons in the County of Northampton , hath assest William Pargiter being a man unfit of body for that service , but being of estate and ability fit to contribute , amongst others , to pay the summe of five shillings towards the arraying and arming of others of able bodies , and wanting ability to arme and array themselves . And whereas wee have received information from the said Earle , that the said William Pargiter hath not onely in a wilfull and disobedient manner refused to pay the said money assessed upon him towards so important a service , to the disturbance and hinderance of the necessary defence of this Kingdome ; but also by his ill example hath mis-led many others , and , as wee have just cause to beleeve , hath practised to 〈◊〉 others from that ready obedience which they owe , and would otherwise have yeelded to his Majesties just command , for the publick defence of his person and Kingdome ; which wee purpose with all convenient speed to enquire further of and examine . These are therefore to will and require you to take into your custody the person of the said William Pargiter , and him also safely to keepe prisoner till further order from this Board , or untill by due course of Law hee shall be delivered ( And the like returne was then made in all things , mutatis mutandis , concerning the said Danvers for not paying a sum of money assessed upon him : ) yet hee the said Sir John Brampston defered to baile the said Danvers and Pargiter , but remitted the said Danvers to the Fleet , where he remained till the twefth of July , 1640. and the said Pargiter to the pison of the Gate-house , where he remained till the ninth of November last , although the said Jennings , Danvers and Pargiter , upon all and every the said returnes , ought to have been discharged or bailed by Law ; and the Councell of the said Jennings , Danvers and Pargiter offered in Court very sufficient baile . And he the said Sir John Brampston being chief Justice of the Court of Kings Bench , denyed to grant his Majesties writ of habeas Corpus to very many others his Majesties subjects : and when he had granted the said writs of habeas Corpus to very many others his Majesties subjects , and on the returne no cause appeared , or such cause onely as was clearly baileable by Law , yet he remanded them , where they remained prisoners very long ; which said deferring to grant the said writs of habeas Corpus , and refusall , and delayes to discharge prisoners , or suffer them to be bailed , contained in this Article , are destructive to the fundamentall Lawes of this Realme , and contrary to former resolutions in Parliament , and to the petition of Right ; which said resolutions and petition of Right were well knowne to him the said Sir John Brampston . 4 That whereas there was a cause depending in the Court Christian at Norwich , between Samuel Booty Clerke , and 〈◊〉 Collard for two shillings in the pound for tithes for rents of houses in Norwich , and the said Collard moved by his Councell in the Court of Kings Bench for a prohibition to stay proceedings in the Court Christian at Norwich , and delivered into the said Court of Kings Bench his suggestions , that the said cause in the said Court Christian was for tithes for rents of houses in Norwich , which was determinable by the Common Law onely ; yet hee the said Sir John Brampston , being chiefe Justice of the said Court of Kings bench , and sitting in the said court , deferred to graunt a prohibition to the said Court christian in the said cause , although the Councell did move in the said court severall times and severall Termes for a prohibition : And hee the said Sir John Bramston deferred to graunt his Maiesties Writ of prohibition to severall other Courts on the motions of divers others his Majesties subjects , where the same by the lawes of this Realme ought to have been graunted , contrary to the lawes of this Realme and his owne knowledge . And the said Commons by Protestation saving to themselves onely the liberties of exhibiting at anytime hereafter , any other accusation or impeachment , &c. ut supra , in the former charge . Articles of the House of Commons in the name of themselves , and of all the Commons of England , against Sir Francis Crawley Knight , one of the Iustices of his Majesties Court of Common-pleas , impeaching him as followeth . 1. THat he about the Moneth of November Anno Dom. 1635. then being one of the Iustices of the Court of Common-pleas , & having taken an oath for the due administration of Iustice to his Majesties liege people , according to the Lawes and Statutes of this Realme , subscribed an opinion in haec verba : [ I am of opinion , that as where the benefit doth more peculiarly redound to the good of the Ports , or Maritime parts , ( as in case of Pyracie or Depredations upon the Seas ) there the charge hath beene , and may be lawfully imposed upon them , according to presidents of former times ; so where the good and safety of the Kingdome in generall is concerned , and the whole kingdome in danger , ( of which his Majestie is the onely Iudge ) there the charge of the defence ought to be borne by all the Realme in generall : this I hold agreeable both to Law and reason . ] 2. That he , in or about the moneth of February , An. Dom. 1636. then being one of the Iustices of the said Court of Common-pleas , subscribed an extrajudiciall opinion , in answer to questions in a letter from his Majestie , in haec verba : Charles R. When the good and safetie of the kingdome in generall is concerned , and the whole kingdome in danger , Whether may not the King , by writ under the great Seale of England , command all the Subjects of this kingdome , at their charge , to provide and furnish such number of Ships with Men , Victuall and Munition ; and for such time as hee shall think fit for the defence and safeguard of the Kingdome from such danger and peril , and by Law compell the doing thereof , in case of refusall , or refractorinesse : And whether in such case is not the King the sole Iudge , both of the danger , and when , and how the same is to be prevented and avoyded , C.R. May it please your most excellent Majestie , wee have , according to your Majesties command , severally every man by himselfe , and all of us together , taken into serious consideration the Case and Question signed by your Majestie , and inclosed in your Royall letter ; and we are of opinion , that when the good and safetie of the Kingdome in generall is concerned , and the whole kingdome in danger , your Majestie may , by Writ under the great Seale of England , command all the Subjects of this your Kingdome , at their charge , to provide and furnish such number of Ships , with Men , Victuall and Munition , and for such time as your Majestie shall think fit , for the defence and safeguard of the Kingdome , from such danger and perill ; and that by Law your Majestie may compell the doing thereof in case of refusall , or refractorinesse : And wee are also of opinion that in such case your Majestie is the sole Iudge both of the danger , and when , and how the same is to bee prevented and avoyded . Iohn Brampston , Iohn Finch , Humphrey Davenport , Iohn Denham , Richard Hutton , William Iones , George Crooke , Thomas Trevor , George Vernon , Robert Berkley , Francis Crawley , Richard Weston . 3 That he then being one of the Iustices of the said Court of Common-pleas , delivered an opinion in the Exchequer Chamber against Iohn Hampden Esquire , in case of Ship-money ; that hee the said Iohn Hampden upon the matter and substance of the case , was chargeable with the money then in question , ( a Copie of which proceedings and judgement , the Commons of this present Parliament have already delivered to your Lordships . ) 4 That hee then being one of the Justices of the said Court of Common-pleas , declared and published in the Exchequer Chamber , and Westminster Circuits , where he went Judge , That the Kings Right to Ship-money was so inherent a Right in the Crown , as an Act of Parliament could not take it away . And with divers malitious speeches enveighed against , threatned and discountenanced such as refused to pay Ship-money . All which opinions and judgements contained in the first , second , and third Articles , are destructive to the fundamentall Lawes of this Realme , the Subjects right of propertie , and contrary to former resolutions in Parliament , and to the Petition of Right , which said resolutions and Petition of Right were well known to him . And the said Commons by protestation , saving to themselves only the Liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Francis Crawley , and also of replying to the answer that he the said Sir Francis Crawley shall make unto the said Articles , or any of them , or of offering proofe of the premisses , or of any of their impeachments , or accusations that shall be exhibited by them , as the Case shall according to the course of Parliaments require , Doe pray that the said Sir Francis Crawley , one of the Justices of the said Court of Common-pleas , may bee put to answer to all and every the premisses ; and that such proceedings , examinations , trialls , and judgements may bee upon every of them had and used , as is agreeable to Law and Justice . Articles of the House of Commons in the name of themselves , and of all the Commons of England , against Sir Humphrey Davenport Knight , Lord chiefe Baron of his Majesties Court of Exchequer , impeaching him as followeth . THat whereas in the moneth of October , in the fourth yeare of his Majesties Reigne , the Farmours and Officers of the Custome-house , having seized great quantities of Currants , being the goods of Samuel Vassall Merchant , and having conveyed them into certaine Store-houses at the Custome-house and detained them , because the said Samuel Vassall refused to pay an imposition of five shillings six pence upon every hundred weight of the said Currants , pretended to be due , and demanded by the said Farmours and Officers on his Majesties behalfe for the said Currants , whereas no such imposition was due or payable for the same ; but the said imposition was and is against the Lawes of this Realme . And whereas also in Michaelmas Terme , in the said fourth yeare of his Majesties Reigne , his Majesties then Attorney generall exhibited an information by English Bill in the Exchequer , against the said Samuel Vassall , setting forth that King James by his Letters Patents dated tertio Novem. in the second yeare of his Reigne , did command the said imposition of 5. s. 6. d. upon every hundred weight of Currants should bee demanded and received : And that his Majestie that now is , by his Letters Patents dated the six and twentieth day of July , in the second yeare of his Reigne , did , by advise of his Privie Councell , declare his will and pleasure be , that Subsidies , Customes and Impost should be levied in such manner as they were in the time of King James ; and the same , and the Farmes thereof to continue untill it might receive a setling by Parliament , and commanded the levying and receiving the same accordingly ; and that the said Samuel Vassall before the said first day of October then last before the said Information exhibited , did bring into the port of London in ships foure thousand six hundred thirty eight hundred weight of Currants ; and that Richard Carmarthen Surveyour in the said port of London , the said first day of October demanded of the said Samuel Vassall the said Imposition of five shillings six pence for every hundred weight of the said Currants ; and that the said Samuel Vassall refused to pay the said imposition , and unjustly detained it from the King : To which Information the said Samuel Vassall appeared , and pleaded the Statute of Magna Charta , and the Statute of De Tallagio non concedendo , and that he was a Subject borne under the Kings Allegiance , and a Merchant of London using that trade , and that the said summe of five shillings six pence upon every hundred weight of Currants , was and is malum taluetum , and not antiqua , seu recta consuetudo , and that it was imposed without assent of Parliament : to which Plea the said Attourney Generall demurred in Law , and the said Samuel Vassall joyned in demurer with him ; and when the said cause came to bee argued , viz. in Trinity Terme , in the sixth yeare of his Majesties Reigne , the said Sir Humphrey Davenport being then Lord chiefe Baron of his Majesties said Court of Exchequer , did contrary to his oath , and contrary to the Lawes of this Realme , and to the great impoverishment of the said Samuel Vassall , publickly deny to heare the Counsell of the said Samuel Vassall to argue for him , and said , that the Case of the said Samuel Vassall would fall under the same rule with the case of one Bates , and therefore was already judged : and when the Councell of the said Samuel Vassall answering that they had nothing to doe with Bates his Case , but desired to argue for M. Vassall , the said Sir Humphrey Davenport replied , that they knew the opinion of the Court , and should be heard no further ; and said , that the King was in possession , and that they ( meaning the said Court of Exchequer ) would keep him in possession : And the said Sir Humphrey Davenport shortly after did ( together with the rest of the then Barons of the said Court of Exchequer ) imprison the said Samuel Vassall for not paying such summes of money , as were pretended by the said Officers of the Custome-house , to bee due to his Majestie , and did delay the said Samuel Vassall from time to time , from having restitution of his said goods , being often in Court moved thereto , with intention to force the said Samuel Vassall to pay the said unlawfull imposition , and did also give his opinion and judgement upon the said Information for the King , and against the said Samuel Vassall ; and by severall orders for that purpose made , did continue the possession of the said goods in the King , and the said Samuel Vassall could never obtaine any restitution at all of his said goods : whereas it was commanded to the Sheriffe of the County of York , by Writ under the Seale of his Majesties Court of Exchequer , dated the sixteenth day of May in the seventh yeare of his Majesties Reigne that now is , That he should distraine James Maleverer Esquire , to appeare before the Barons of his Majesties said Court of Exchequer , in the Octaves of the holy Trinity then next following , to make fine to the King for his trespasse and contempt in not comming to the presence of the King before the 31. day of January in the first yeare of his said Majesties Reigne , to take upon him the order of Knighthood , according to the forme of a Proclamation in that behalfe formerly made : At which day of the said Octaves of the holy Trinity , the said J. Maleverer did appeare , and pleaded to the said Writs , that although his said Majesty , the said 31. day of January , and for three yeeres next before , the said 31. day of January was resident and remaining at his Pallace at White-hall in the County of Middlesex , and that the said James Maleverer the said one and thirtieth day of January , and three dayes next before the said one and thirtieth day of January , was resident and remaining at Ancliffe in the said County of York , which is distant from the said Palace of White-hall , the space of one hundred and fourescore miles ; and that the said James Maleverer the said one and thirtieth day of January aforesaid , or at any time before , had no lands or rents in his own hands , or in the hands of Peoffees , to his use , out of the said County of York , and that that part of the said County of York which is neerest to the said Palace of White-hall , is distant from the said Palace of White-hall the space of one hundred and thirty miles ; and that no Proclamation by vertue of any Writ of Proclamation , for the appearance of any persons whatsoever , to take the said Order of Knighthood , was made in any part of the said County of York before the thirtieth day of January in the said first yeare of his Majesties Reigne , by reason whereof the said James Maleverer could not personally come to the presence of his said Majestie to take the said Order of Knighthood before the said one and thirtieth day of January in the said first yeare of his Majesties said Reigne , yet the said James Maleverer for his fine in the premisses did humbly submit himselfe to the said Court , and demanded to bee discharged of the said issues returned and imposed upon him by reason of the premisses ; yet notwithstanding the said Plea and submission of the said James Maleverer , and after the same was made as aforesaid , and entred upon Record in his Majesties said Court of Exchequer , and the said Court moved for stay of the Processe , and discharge of the issues , the said Sir Humphrey Davenport being then Lord chiefe Baron of the said Court of Exchequer , contrary to his oath , and contrary to the Laws of this Realme , and to the great impoverishing of the said James Maleverer , did ( together with the rest of the then Barons of the said Court ) refuse to impose any Fine whatsoever upon the said James Maleverer , and told him that the said Court had no power to Fine him , and that hee must compound with certain Commissioners for that purpose appointed . And did farther , order and direct severall other Writs of Distringas , to issue forth of his Majesties said Court of Exchequer , under the Seale of the said Court , directed to the severall high Sheriffes of the said County of York ; whereby the said Sheriffes were commanded further to distraine the said Iames Maleverer to appeare , as aforesaid : upon which said Writs of Distringas , severall great and excessive issues were returned upon the Lands of the said Iames Maleverer , amounting to the summe of two thousand pounds or there abouts ; a great part whereof , the said Iames Maleverer was enforced to pay ; and in like manner the said Sir Humphrey Davenport ( together with the rest of the then Barons of the said Court of Exchequer ) did order and direct such and the like unjust and undue proceedings ; and the said proceedings were had and made accordingly against Thomas Moyser Esquire , and against severall other persons his Majesties Subjects in severall parts of this Realme , to the utter undoing of many of them . 2 That a sentence of Degradation , being given by the high Commissioners of the Province of York , against Peter Smart , Clerk , one of the Prebends of the Church of Durham , for a Sermon by him formerly preached against some Innovations in the Church of Durham , a tryall was afterwards had , viz. in August in the seventh yeer of his said Majesties Reign , before the said Sir Humphrey Davenport Knight , then one of the Judges of Assizes and Nisi prius for the County Palatine of Durham , concerning the Corps of the Prebend of the said M. Smart , which was then pretended to be voyd by the said sentence of Degradation ; the said Sir Humphrey Davenport contrary to his oath , and contrary to the Lawes of this Realme , and to the destruction of the said Master Smart , upon reading the Writ de haeretico comburendo , did publickly on the Bench , in the presence of divers his Majesties Subjects then attending , declare his opinion to be , that the said Prebends place was voyd , and gave direction to the Jury then at Barre to finde accordingly : and being then informed that although the said Master Smart had been dead or deprived , yet the profits of his Prebend had been due to his Executors till the Michaelmas following ; the said Sir Humphrey Davenport then answered , though the said Master Smart was not dead , yet if he had had his desert , he had been dead long agoe , for hee deserved to have been hanged for the said Sermon , and that he was as wicked a man as any lived in the world : call him no more Master Smart , but plaine Smart . And when the said Jurie had found against the said Master Smart , the said Sir Humphrey Davenport , in scandall of his Majesties Government and Justice , and of the proceedings of his Majesties Iudges , did publickly as aforesaid speak words to this effect ; That the said Iurie had well done , and that the said Smart had do remedy save by appeale to the King ; and there hee should finde but cold comfort ; for the King would not goe against his own Prerogative , upon which the Iudges and high Commissioners did depend , and therefore would not contradict one anothers Acts . That the said Sir Humphrey Davenport about the Month of November , Anno Dom. 1635. then being Lord chiefe Barron of his Majesties Court of Exchequer , and having taken an oath for the due administration of justice to his Majesties Liege people , according to the Lawes and Statures of this Realm , subscribed his name to an opinion , in haec verba : [ I am of opinion , that as where the benefit doth more particulary redound to the good of the Ports , or Maritime parts , ( as in Case of Pyracie or Depredations upon the Seas ) there the charge hath been , and may be lawfully imposed upon them , according to presidents of former times ; so where the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger , ( of which his Majestie is the onely Judge ) there the charge of the defence ought to be borne by all the Realme in generall : this I hold agreeable both to Law and reason ] That in or about the moneth of Februarie Anno Dom. 1636. the said Sir Humphrey Davenport , then being Lord chiefe Baron of the said Court of Exchequer , subscribed an extrajudiciall opinion in answer to questions in a letter from his Majestie , in haec verba : Charles R. When the good and safetie of the kingdome in generall is concerned , and the whole kingdome in danger , whether may not the King , by writ under the great Seale of England , command all the Subjects of this kingdome , at their charge , to provide and furnish such number of Ships with Men , Victuall and Munition ; and for such time , as hee shall thinke fit , for the defence and safeguard of the kingdome , from such danger and perill ; and by Law compell the doing thereof in case of refusall , or refractorinesse ? And whether in such case is not the King the sole Judge , both of the danger , and when , and how the same is to bee prevented and avoided ? C. R. May it please your most excellent Majestie , We have , according to your Majesties command , severally every man by himselfe , and all of us together , taken into serious consideration the Case and Question signed by your Majestie , and inclosed in your Royall letter ; and we are of opinion , that when the good and safetie of the kingdome in generall is concerned , and the whole kingdome in danger , your Majestie may by writ under the great Seale of England , command all the Subjects of this your kingdome , at their charge , to provide and furnish such number of Ships with Men , Victuall and Munition ; and for such time as your Majestie shall thinke fit , for the defence and safeguard of the kingdome , from such danger and perill ; and that by Law your Majestie may compell the doing thereof in case of refusall , or refractorinesse : And wee are also of opinion that in such case your Majestie is the sole Judge both of the danger , and when , and how the same is to bee prevented and avoyded . John Brampston , John Finch , Humphrey Davenport , John Denham , Richard Hutton , William Jones , George Crooke , Thomas Trevor , George Vernon , Robert Berkley , Francis Crawley , Richard Weston . That whereas an Action of Batterie was brought by one Richard Legge , against Robert Hoblins , to which the said Hoblins pleaded a Justification de son assault demesne , and the said cause came to triall at the Assizes held for the Countie of Gloucester in Summer , 1636. before the said Sir Humphrey Davenport then one of the Justices of Assize and Nisi prius for that Countie : At the said triall the said Robert Hoblins did begin to make proofe of his said justification , and produced one Robert Tilly a witnesse in the cause , who proved upon oath that the said Richard Legge did make the first assault upon the said Robert Hoblins and that the occasion thereof was , that the said Richard Legge and others came upon the lands then in possession of the said Hoblins , and did take and drive away eighteen Cowes of the said Hoblins , pretending they had a warrant from the Sheriffe to distrein the same for forty shillings assessed upon the said Hoblins for Ship-money ; and when the said Hoblins ( being present ) endevoured to hinder the said Legge and others from taking away his said Cattell , the said Legge stroke the said Hoblins with a staffe , who afterward defended himselfe . That upon the opening of the matter the said Sir Humphrey Davenport would not suffer the said Hoblins to produce any more witnesses on his behalfe , ( though the said Hoblins desired that other of his said witnesses then present , and sworne might be heard ) nor his Councell to speake for him , but being informed that the said Hoblins ( when Ship-money was demanded of him ) answered , that he would not pay the same , because it was not granted by Parliament , the said Sir Humphrey Davenport did then ( openly in the hearing of a great number of his Majesties liege people ▪ then assembled and attending the said Court ) in great passion reprove the said Hoblins , and told him that the King was not to call a Parliament to give him satisfaction ; and did then and there also falsly and of purpose , to prevent his Majesties loving Subjects from the due and ordinary course of Law , and contrary to his oath and the Lawes of this Realme , publish , declare and affirme , that it was adjudged by all the Judges of England , that Ship-money , was due to the King , and directed the Jury sworne in that cause to finde a Verdict for the said Richard Legge ; and the said Jury did accordingly , and gave him twenty pound dammages . And the said Humphrey Davenport did then also without any cause imprison the said Robert Hoblins , and bound him to the good behaviour . That whereas in the moneth of Aprill , Decimo sexto Caroli , the officers of the Custome-house , having seized a Ship of one Samuel Warner's , laden with Tobacco , being the goods of the said Warner's , the Bulke of the said ship not being broken , and no information exhibited for the King according to the course of the Exchequer , for any duty , the Barons were moved , that the said ship might be restored to the Proprietors , giving security to pay such duties as did belong to the King ; But upon the Allegation of the Kings Attorney , that there needed no information because there was no penaltie , the said Sir Humphrey Davenport , being then Lord chiefe Baron of his Majesties Court of Exchequer , together with the rest of the then Barons of the said Court , did ( contrary to his oath , and contrary to the Lawes of this Realme , ) deny the restitution of the said ship , unlesse all the duties demanded by the Farmours of the Custome-house were first paid . Hereupon the said Warner brought an action of Trover in the office of Pleas in the Exchequer against the said Officers that seized his ship and goods ; whereupon the Kings Attorney generall exhibited an information by English Bill in the Exchequer chamber against the said Warner ; setting forth , that Customes and Subsidies upon Merchandize were a great part of the Kings revennue , and payable to him , and that the said Ship was seized for non-payment of the aforesaid duties , notwithstanding the said Warner then Proprietor , prosecuted the officers upon a suit at Law , and prayes that hee may answer the said Information before any further proceedings be had at Law : Thereupon the said Sir Humphrey Davenport , together with the rest of the then Barons of the said Court of Exchequer , ordered , that the Proprietor moving for the delivery of the said goods , should first answer to the information ; after which the said Warner demurred to the said Information , in regard no title for any certaine dutie was set forth by the Information , which demurrer yet remains not over-ruled ; but the said Sir Humphrey Davenport , with the said other Barons , without over-ruling the demurrer , ordered , because Warner had put in a demurrer and not answered to the said Information , that he should not proceede upon the action of Trover . The Proprietor being thus prevented of his remedy by Action at Law , sued forth a Replevin , and upon pretence of viewing the said goods , caused them to be brought forth of a Cellar , hired by a deputie to the Farmours to that use ; and being brought forth , they were taken by the Sheriffes of London , by vertue of the said Replevin ; and upon oath made of the manner of the taking , as aforesaid , before the Barons , and upon view of the President , inrolls his case ; the said Sir Humphrey Davenport , with the said other Barons , adjudged , that the said goods were not Replevisable , and granted an Injunction to maintaine possession of them as they were before . And the said house of Commons by protestations , saving to themselves onely the liberties of exhibiting at any time hereafter , any other accusation or impeachment against the said Sir Humphrey Davenport , and also of replying to the answer that hee the said Sir Humphrey Davenport shall make unto the said Articles , or any of them , or of offering proofe of the premisses , or any of their impeachments or accusations that shall be exhibited by them , as the Case shall ( according to the course of Parliaments ) require , doe pray that the said Sir Humphrey Davenport , Lord chiefe Baron of his Majesties Court of Exchequer , may be put to answer to all and every the premisses ; and that such proceedings , examinations , trials , and judgements may be upon every of them had and used , as is agreeable to Law and Justice . Articles of the House of Commons in the name of themselves , and all the Commons of England , against Sir Richard Weston Knight , one of the Barons of his Majesties Court of Exchequer , impeaching him as followeth . 1 THat the said Sir Richard Weston about the moneth of November , Anno Domini 1635. then being one of the Barons of his Majesties Court of Exchequer , and having taken an oath for the due Administration of Justice to his Majesties liege people , according to the Lawes and Statutes of this Realme , subscribed his name to an opinion in haec verba : I am of opinion , &c. ut suprà in Sir Robert Berkley's Charge , pag. 4. 2 That in or about the moneth of February , Anno Domini 1636. the said Sir Richard Weston ( being then one of the Barons of the said Court of Exchequer ) subscribed an extrajudiciall opinion in answer to questions in a Letter from his Majestie , in haec verba : Charles R. When the good and safety of the Kingdome in generall is concerned , &c. ut suprà , pag. 4. 3 That the said Sir Richard Weston ( being then one of the Barons of his Majesties Court of Exchequer ) did deliver his opinion and judgement in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-money , That he , the said John Hampden , &c. as in Judge Crawley's Charge , pag. 23. 4 That whereas in the moneth of Aprill 16. Caroli , the Officers of the Custome-house having seized a ship of one Samuel Warner's , laden with Tobacco , being the goods of the said Warner , the bulke of the said ship not being broken , and no information exhibited for the King , according to the course the Exchequer , for any duty , the Barons were moved , that the said ship might bee restored to the proprietors , giving security to pay such duties as did belong to the King . But , upon the allegation of the Kings Attorney , that there needed no information , because there was no penalty , the said Sir Richard Weston ( being then one of the Barons of his Majesties Court of Exchequer , together with the rest of the then Barons of the said Court ) did ( contrary to his oath , and contrary to the Lawes of this Realme ) deny the restitution of the said ship , unlesse all the duties demanded by the Farmours of the Custome-house were first paid . Hereupon the said Warner brought an action of Trover upon the case in the Office of Pleas in the Exchequer against the said Officers that seized his ship and goods : Whereupon the Kings Attorney Generall exhibited an information by English Bill in the Exchequer Chamber against the said Warner , setting forth , that Customes and Subsidies upon Merchandize were a great part of the Kings revennue , and payable to him , and that the said ship was seized for non-payment of the aforesaid duties ; notwithstanding the said Warner , the proprietor prosecuted the Officers upon a Suit at Law , and prayes that he may answer the said Information before any further proceedings be had at Law . Thereupon the said Sir Richard Weston , together with the rest of the then Barons of the said Court of Exchequer , ordered that the proprietor moving for delivery of his said goods , should first answer to the Information , after which the said Warner demurred to the said Information : in regard no title for any certaine duty was set forth by the Information : Which demurrer yet remaines not over-ruled , but the said Sir Richard Weston ( with the said other Barons ) without over-ruling the demurrer , ordered ( because Warner had put in a demurrer , and not answered to the said Information ) that he should not proceed upon the action of Trover : The proprietor being thus prevented of his remedy by Action at Law , sued forth a Replevin , and ( upon pretence of viewing the said goods ) caused them to be brought forth of a cellar , hired by a Deputy to the Farmers to that use , and being brought forth , they were taken by the Sheriffs of London , by vertue of the said Replevin ; and upon oath made of the manner of the taking , as aforesaid , before the Barons , and upon view of the president , inrolls his case ; the said Sir Richard Weston , with the said other Barons , adjudged that the said goods were not replevisable , and granted an Injunction to maintaine the possession of them , as they were before . And the said house of Commons by Protestation , saving to themselves onely the liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Richard Weston , and also of replying to the answer that he , the said Sir Richard Weston shall make unto the said Articles , or any of them , or of offering proofe of the premisses , or any of their impeachments or accusations that shall be exhibited by them , as the case shall ( according to the course of Parliaments ) require , do pray , that the said Sir Richard Weston , one of the Barons of his Majesties Court of Exchequer , may be put to answer , &c. Articles of the House of Commons in the name of themselves , and of all the Commons of England , against Sir Thomas Trevor Knight , one of the Barons of his Majesties Court of Exchequer , impeaching him as followeth . 1. THat in or about November , 4. Car. divers goods and merchandizes ( whereof John Rolls , George Moore , and other Merchants of London were Proprietors ) being seized and conveyed into certaine Store-houses at the Custome-house , by Sir John Worstenham , Abraham Dawes , and others the Farmours and Officers of the Customes , and by them there detained , because the said Proprietors refused to pay the Subsidie of Tonnage and Poundage , pretended to be due , and demanded by the said Farmours and Officers on his Majesties behalfe for the said Merchandizes , whereas no such Subsidie or duty of Tonnage or Poundage was due or payable for the same , no Subsidie of Tonnage and Poundage having beene granted by Parliament to his Majestie . The said John Rolls , and other the Proprietors of the said goods , having by reason of such unlawfull seisure and detainer , as aforesaid , fued forth one or more writ or writs of Replevin , directed to the Sheriffes of London ( being the proper remedie provided by the Law to regaine the possession of goods taken and with-held from the owners contrary to Law ) the said Sir Thomas Trevor Knight then and yet one of the Barons of his Majesties said Court of Exchequer , together with the rest of the then Barons of the said Court , upon information to them given , that the said Proprietors , or some of them , had sued forth and did prosecute such writ , or writs of Replevin for deliverie of the said goods , did order an Injunction under Seale of the said Court to issue forth , directed to the Sheriffes of London , commanding them thereby not to execute the said writ or writs of Replevin , or any like writ thereafter to be sued forth by any person or persons for the delivery of any goods in the like nature detained : And did declare and order publickly in the said Court of Exchequer , that the said goods by Law were not Replevisable , alledging for cause that the said goods were in the Kings owne possession , whereas the same did not judicially appeare to them , and they did well know that the said goods were at that time in the possession of the Farmours and Lessees of the said Customes , and no lawfull cause to them appearing or suggested of the taking and detaining of the said goods : which Injunction and declaration so granted and made , were and are against the Lawes of the Realme , and in subversion of the common right , and remedy of the Subject for regaining the possession of his goods being taken and with-holden from him without lawfull cause . That the Sheriffes of London for that time being served with the said Injunction , did forbeare to execute the said writ or writs of Replevin : By meanes whereof the said goods continued so detained as aforesaid , contrary to Law , from the said moneth of November untill the moneth of June next following . That the said Sir Thomas Trevor and other the Barons aforesaid , knowing the said goods to be unlawfully seized and detained for the pretended duties and Subsidie of Tonnage and Poundage , whereas no such were payable by Law , did from time to time delay the respective Proprietors from having restitution of their said goods , being often in Court moved therein , with intention thereby to force the said Proprietors ( by wanting their goods and the use thereof ) to pay all such summes as the said Officers of the Customes pretended to be due to his Majestie . That to the end aforesaid the said Sir Thomas Trevor , and the said other Barons refused to accept of any securitie to be given by the said Proprietors , upon restitution had of their goods , for payment of all such duties as should bee made appeare to be payable to his Majestie in such manner as the said Barons should direct . That the said Sir Thomas Trevor and other the Barons aforesaid , knowing that the said summes demanded on his Majesties behalfe by the said Officers of the Customes not to be due by Law , did refuse to order restitution of any part of those goods , ( so detained as aforesaid ) to the Proprietors thereof , unlesse the said Proprietors would deposite all such summes of money as the said Officers respectively demanded of them for pretended duties to his Majestie ; and the said Proprietors refusing to deposite the said summes demanded , the said Sir Thomas Trevor , and other the Barons aforesaid , did order the said Officers to detaine double the value of the summes by them demanded for pretended duties to his Majestie , and to restore the residue : The said Sir Thomas Trevor , and other the said Barons then knowing that the pretended summes demanded by the said Officers , were not by Law due or payable to his Majestie . 2 That in or about January 4. Car. the said Officers having seized severall Merchandize of the goods of Richard Chambers Merchant , upon the pretences aforesaid , did detaine the same ; and the said Chambers prosecuting by plaint to have his said goods replevied , the said Sir Thomas Trevor , together with the said other Barons , did in like manner in the said Court of Exchequer , declare the said Chambers goods not to be Replevisable , and enjoyned the Sheriffes of London to proceed no further therein , no cause to them appearing of such seisure or detainer . And the said Sir Thomas Trevor , and other the Barons of the said Court , refused to order the delivery of the said Chamber 's goods , upon good security offered by him to pay all such summes as should be made appeare to be due , and for which the said goods were pretended to be detained and the said Barons being often moved in Court ; therein , did refuse to order restitution of any part of the said Chambers goods , untill the three and twentieth of November , 5. Caroli , and then ordered that the said Officers should detaine in their hands double the value of the summes by them demanded , and restitution of the residue to be made to the said Chambers , no cause of detaining any part of the said goods to them in any wise appearing . 3 That whereas in the moneth of October , in the fourth yeare of his said Majesties reigne , the Farmers and Officers of the Custome-house having seized great quantities of Currants , being the goods of Samuel Vassall Merchant , and having conveyed them into certaine Store-houses at the Custome house and detained them , because the said Samuel Vassall refused to pay an imposition of five shillings six pence upon every hundred weight of the said Currants , pretended to be due , and demanded by the said Farmours and Officers on his Majesties behalfe for the said Currants , whereas no such imposition was due or paiable for the same , but the said imposition was and is against the Lawes of this Realme . And whereas also in Michaelmas Terme , in the said fourth yeare of his Majesties Raigne , his Majesties then Attorney generall exhibited an information by English Bill in the Exchequer Chamber against the said Samuel Vassal , setting forth that K. James , by his Letters Patents dated 3. Novem. in the second yeare of his Raigne , did command that the said imposition of 5. s. 6. d. upon every hundred weight of Currants should be demanded and received : And that his Majestie that now is , by his Letters Patents dated the six and twentieth day of July , in the second yeare of his Raigne , did , by advise of his Privie Councell , declare his will and pleasure to be , that Subsidies , Customes and Imposts should be levied in such manner as they were levied in the time of King James ; and the same , and the Farmers thereof to continue untill it might receive a setling by Parliament and commanded the levying and receiving the same accordingly ; and that the said Samuel Vassall before the first day of October then last past before the said Information exhibited , did bring into the port of London in ships foure thousand six hundred thirty eight hundred weight of Currants , and that Richard Carmarthon Surveyour in the said port of London , the said first day of October demanded of the said Samuel Vassall the said imposition of five shillings six pence for every hundred weight of the said Currants , and that the said Samuel Vassall refused to pay the said imposition , and unjustly detained it from the King : To which Information the said Samuell Vassall appeared , and pleaded the Statute of Magna Charta ; and the Statute of De Tallagio non concedendo , and that he was a Subject borne under the Kings Allegeance , and a Merchant of London using that trade , and that the said summe of five shillings six pence upon every hundred weight of Currants , was and is malum talnetum , and not antiqua seu recta consuetudo , and that it was imposed without assent of Parliament : to which Plea the said Atturney Generall demurred in Law , and the said Samuel Vassall joyned in demurrer with him . That the said Sir Thomas Trevor , being then and yet one of the Barons of his Majesties Court of Exchequer , together with the rest of the then Barons of the said Court , knowing the said Currants to be unlawfully seized and detained for the pretended duty of five shillings six pence imposition upon every hundred weight of the said Currants ( whereas no such imposition was paiable by Law ) did from time to time delay the said Samuel Vassall from having restitution of his said goods , being often in Court moved therein , with intention thereby to force the said Samuel Vassall ( by wanting the said goods , and the use thereof ) to pay all such summes as the said Officers of the Customes pretended to be due to his Majestie , and imprisoned the said Samuel Vassall , because he refused to pay such summes of money as were demanded of him for the said unlawfull imposition , and that in Trinity Terme in the sixth yeere of his Majesties reigne , the said case comming to be argued in open Court upon the demurrer , the said Sir Thomas Trevor , contrary to his oath , and contrary to the Lawes of this Realme , and to the great impoverishment of the said Samuel Vassall , did ( together with the rest of the then Barons of the said Court of Exchequer ) give his opinion and judgement upon the said Information for the King , and against the said Samuel Vassall , and by severall Orders for that purpose , did continue the possession of the said goods in the King , and the said Samuel Vassall could never obtaine any restitution at all of the said Currants . 4 Whereas it was commanded to the Sheriffe of the Countie of Yorke , by Writ under the Seale of his Majesties Court of Exchequer , dated the sixteenth day of May in the seventh yeere of his Majesties Reigne that now is , That he should distraine James Maleverer Esquire , to appeare before the Barons of his Majesties said Court of Exchequer , in the Octaves of the holy Trinity then next following , to make fine to the King for his trespasse and contempt in not comming to the presence of the King before the 31. day of January in the first yeare of his said Majesties Reigne , to take upon him the order of Knighthood , according to the forme of a Proclamation in that behalfe formerly made ; at which day of the said Octaves of the holy Trinity the said J. Maleverer did appeare , and pleaded to the said Writ , that although his said Majesty , the said 31. day of January , and for three days next before , the said 31. day of January was resident and remaining at his Palace at White-hall in the County of Middlesex , and that the said James Maleverer the said one and thirtieth day of January , and three dayes next before the said one and thirtieth day of January , was resident and remaining at Ancliffe in the said County of Yorke , which is distant from the said Palace of White-hall the space of one hundred and fourescore miles ; and that the said James Maleverer the said one and thirtieth day of January aforesaid , or at any time before , had no lands or rents in his owne hands , or in the hands of Feoffees to his uses , out of the said County of Yorke , and that that part of the said County of Yorke which is neerest to the said Palace of White-hall , the space of one hundred and thirty miles , and that no Proclamation by vertue of any Writ of Proclamation , for the appearance of any persons whatsoever , to take the said order of Knighthood , was made in any part of the said County of Yorke before the thirtieth day of January in the said first yeere of his Majesties reigne , by reason whereof the said James Maleverer could not personally come to the presence of his said Majestie , to take the said order of Knighthood , before the said one and thirtieth day of January in the said first yeere of his said Majesties reigne , yet the said James Maleverer for his fine in the premisses , did humbly submit himselfe to the said Court , and demanded to be discharged of the said issues , returned and imposed upon him by reason of the premisses ; yet notwithstanding the said Plea and submission of the said James Maleverer , and after the same was made as aforesaid , and entred upon Record in his Majesties said Court of Exchequer , the said Sir Thomas Trevor ( being then one of the Barons of his Majesties said Court of Exchequer ) contrary to his oath , and contrary to the Lawes of this Realme , and to the great impoverishing of the said James Maleverer , did ( together with the rest of the then Barons of the said Court ) refuse to impose any fine whatsoever upon the said James Maleverer , and told him that the said Court had no power to fine him ; but that hee might compound with certaine Commissioners for that purpose appointed . And did farther order and direct severall other writs of Distringas , to issue forth of his Majesties said Court of Exchequer , under the Seale of the said Court , directed to the severall high Sheriffes of the said Countie of Yorke , whereby the said Sheriffes were commanded further to distraine the said James Maleverer to appeare , as aforesaid : upon which said writs of Distringas , severall great and excessive issues were returned upon the lands of the said James Maleverer , amounting to the summe of two thousand pounds or there abouts , a great part whereof , the said James Maleverer was inforced to pay ; and in like manner the said Sir Thomas Trevor ( together with the rest of the then Barons of the said Court of Exchequer ) did order and direct such and the like proceedings , and the said proceedings were had and made accordingly against Thomas Moyser Esquire , and against severall other persons his Majesties subjects in severall parts of this Kingdome , to the utter undoing of many of them . 5 That he the said Sir Thomas Trevor , about the moneth of November , Anno Domini 1635. then being one of the Barons of his Majesties Court of Exchequer , and having taken an oath for the due administration of Justice to his Majesties liege people , according to the Lawes and Statutes of this Realme , subscribed his name to an opinion , in haec verba : [ I am of opinion , &c. ut suprà in Baron Davenports Charge , pag. 30. 6 That in or about the moneth of February Anno Dom. 1636. ( then being one of the Barons of the said Court of Exchequer ) he subscribed an extrajudicial opinion in answer to questions in a letter from his Majesty , in haec verba : Charles R. When the good and safety of the kingdome in generall is concerned , &c. ut suprà , loco citato , and subscribed ut priùs . 7 That the said Sir Thomas Trevor ( being then one of the Barons of his Majesties Court of Exchequer ) did deliver his opinion , and judgement in the Exchequer chamber , against John Hampden Esquire , in the Case of Ship-money ; That he the said John Hampden upon the matter and substance of the Case , was chargeable with the money then in question : a copie of which proceedings and judgement the Commons in this present Parliament have already delivered to your Lordships . 8 That whereas in the moneth of April 16. Car. the Officers of the Custome-house having seized a Ship of one Samuel Warner's laden with Tobacco , being the goods of the said Warner , the Bulke of the said Ship not being broken , and no information exhibited for the King , according to the course of the Exchequer , for any duty , the Barons were moved that the said Ship might be restored to the Proprietor , giving security to pay such duties as did belong to the King ; But upon the allegation of the Kings Attorney that there needed no information , because there was no penaltie , the said Sir Thomas Trevor , ( being then one of the Barons of his Majesties said Court of Exchequer , together with the rest of the then Barons of the said Court , ) did ( contrary to his oath , and contrary to the Laws of this Realme , ) deny the restitution of the said Ship , unlesse all the duties demanded by the Farmours of the Custome-house were first paid . Hereupon the said Warner brought an action of Trover in the office of Pleas in the Exchequer against the said Officers that seized his Ship and goods : whereupon the Kings Attorney generall exhibited an information by English Bill in the Exchequer chamber against the said Warner ; setting forth , that Customes and Subsidies upon Merchandize were a great part of the Kings revennue , and payable to him ; and that the said Ship was seized for non-payment of the aforesaid duties , notwithstanding the said Warner then Proprietor , prosecuted the Officers upon a suit at Law , and prayes that hee may answer the said Information before any further proceedings be had at Law : Thereupon the said Sir Thomas Trevor , ( together with the rest of the then Barons of the said Court of Exchequer , ) ordered , that the Proprietor moving for delivery of the said goods , should first answer to the said Information ; after which the said Warner demurred to the said Information in regard no title for any certaine dutie was set forth by the Information , which demurrer yet remains not over-ruled ; but the said Sir Thomas Trevor , with the said other Barons , ( without over-ruling the demurrer ) ordered , ( because Warner had put in a demurrer and not answered to the said Information , that hee should not proceede upon the action of Trover . The Proprietor being thus prevented of his remedie by action at Law , sued forth a Replevin , and ( upon pretence of viewing the said goods , ) caused them to be brought forth of a Cellar , hired by a deputie of the Farmours to that use ; and being brought forth , they were taken by the Sheriffe of London , by vertue of the said Replevin ; and upon oath made of the manner of the taking , as aforesaid , before the Barons , and upon view of the President , inrolls his case ; the said Sir Thomas Trevor , with the said other Barons , adjudged , that the said goods were not Replevisable , and granted an Injunction to maintain the possession of them as they were before . And the said house of Commons by protestation ▪ saving to themselves only the liberties of exhibiting at any time hereafter any other accusation or impeachment against the said Sir Thomas Trevor , and also of replying to the answer that he the said Sir Thomas Trevor shall make unto the said Articles , or any of them , or of offering proof of the premisses , or any of their impeachments or accusations that shall be exhibited by them , as the Case shall ( according to the course of Parliaments ) require , doe pray that the said Sir Thomas Trevor , one of the Barons of his Majesties Court of Exchequer , may be put to answer to all and every the premisses ; and that such proceedings , examinations , trialls , and judgements may be upon every of them had and used , as is agreeable to Law and Justice . FINIS . A86409 ---- Mill'd lead sheathing for ships against the worm, plainly proved to be better than the best and above cent. per cent. cheaper than the ordinariest wood-sheathing can be; besides divers other advantages to the publick. The particulars are more at large contained in the book under-mentioned, referred to in the margent. Hale, Charles, Mr. 1696 Approx. 15 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A86409 Wing H220A ESTC R230550 99896407 99896407 154178 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 0 1.0 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 1, no. A86409) Transcribed from: (Early English Books Online ; image set 154178) Images scanned from microfilm: (Early English books, 1641-1700 ; 2403:8) Mill'd lead sheathing for ships against the worm, plainly proved to be better than the best and above cent. per cent. cheaper than the ordinariest wood-sheathing can be; besides divers other advantages to the publick. The particulars are more at large contained in the book under-mentioned, referred to in the margent. Hale, Charles, Mr. 4 p. s.n., [London : printed February, 1695/6] Caption title. Imprint from colophon. Publication date given according to Lady Day dating. Reproduction of original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Shipbuilding -- England -- Early works to 1800. 2008-01 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 John Pas Sampled and proofread 2008-05 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Mill'd Lead Sheathing FOR SHIPS against the WORM , Plainly Proved to be BETTER than the BEST , and above Cent. per Cent. CHEAPER than the Ordinariest WOOD-SHEATHING can be ; besides divers other Advantages to the Publick . The Particulars are more at large contained in the BOOK under-mentioned , referred to in the Margent . IT lies upon the * Plank so thin and smooth , that it can be no hindrance to the Ships sailing , whereas the great thickness and roughness of a Wood sheathing must obstruct it . It stiffens a Ship so that she will carry more Sail , which will also accelerate her motion . † It preserves the Plank cool , smooth , and sound , and the Oakam longer in the Seams : Whereas it is well known that when one Plank is doubled or clapp'd upon another , the undermost , being kept close and hot , will become doted , which in a Wood-sheathing must also rot the Oakam in the Seams , the sooner . The great Nails in a Wood-sheathing must be very destructive to the Plank ; for when they strip that Sheathing , they are fain to spyle up the Nail-holes with Pegs of Wood , whereas the small Nails of a Lead-sheathing does the Plank no harm . * It is owned not to foul so much as a Wood-sheathing ; and when foul , easier cleaned . Lastly , The Lead-sheathing being Metal , which the Worm cannot enter , it must be a certain security against it . That it is above Cent. per Cent. Cheaper , plainly appears as follows . SUppose that an ordinary Streights-sheathing will cost 10 d. a Foot square ( a good East-India Sheathing near three times as much ) and that such a Sheathing lasts not above a Voyage or two ; but , for more abundant proof , let it be granted that one such Sheathing would last seven Years , and that the Charge of Graving upon that Sheathing ( suppose for a Ship of 600 Tun , which would measure 5400 Foot square ) would cost but 45 l. a-year , ( which will probably be above 55 l. ) this in seven Years , with the Sheathing at 10 d. a-foot , would cost 540 l. Suppose also that a Mill'd Lead Sheathing should be stripp'd at seven years end , † which for any defect in the Sheathing it self ( as Experience hath shewn ) may last twice as long , if the Ship 's Caulking , driving of her Bolts , or other Repairs , don't require it : And that such a Sheathing for the same Ship would cost 15 d. a foot , let there be deducted but ¼ for the Old Sheathing when stripp'd ; which , being Metal , must yield more than that to melt down again , this Lead-sheathing would stand the Owner but in 253 l. 2 s. 6 d. which is Cent. per Cent. saved , and 33 l. 15 s. to spare , probably more than it will require to repair accidental rubbs all the time ; and when any such thing happens , a small quantity of the Lead and Nails , being reserved on board , any one may mend as Opportunity offers . There is nothing more required , over or under this Sheathing , but to have the Plank well brimm'd , and the Seams well caulked , at first bringing on , and some long handled Bristle-brushes provided on board to clean it once in two or three Months , as occasion offers . Tallowing , that has been sometimes used , was never proposed by the Inventors , they conceiving the Lead-sheathing would keep longer clean without it . If it be objected that this Sheathing costs ● / 3 more than the other at first doing , tho' if it did , 't is sufficiently repaid in the seven years time ; but deducting only 55 l. for the Old Sheathing , allowing seven Years rebate for its present value , and it will appear not 4 per Cent. more than that at first charge with once graving . A short Account of the Beginning and Progress of the Mill'd-Lead Sheathing . THis Invention was begun upon an Act of Parliament , by the countenance and encouragement of King Charles II. who very well understood Shipping , and * promised himself great Matters from it , and had not been deceived if it had met with due encouragement for all the Services it was qualified ; particularly for † lyning of Bread-rooms , where , after it had been some time used ( instead of Plates of Laten or Tin , which cost more , and , being made of Iron soon rusted and decay'd ) it was laid aside again , upon pretence that there was a dampness and moisture discovered in the Lead it self , which they found did corrupt and spoil the Bisquet ; although 't is well known , especially to Merchants , that nothing preserves any Provisions or Goods , they put therein for their long Voyages , sweeter and better than Lead instead of . The Earl of Carlisle , when he went Governor of Jamaica , carried over with him several Deal-boxes lyned with Mill'd-Lead , wherein he put Corn , Meal , Gunpowder , &c. intending them for Water-Cisterns afterwards , from whom and Sir Henry Morgan Letters came to Sir Philip Howard , that the Corn and Meal was preserved sweet in those Boxes , when the rest of the same sort that was in Cask was musty , and the Gunpowder dry , and a sixth part of more force upon Trial than the same sort in Barrels : And also for Scuppers , wherein notwithstanding the † Evidence upon the Trials made in 1678. by that Board's Order the same was discontinued till the present Navy board being satisfied upon * new Trials by them ordered in 1691. were pleased to restore it to use again , at Rates above 90 per Cent. less charge to the King , than the former Scuppers for the same Service had cost him , though they might reasonably have allowed the Proposer something more for his Encouragement , and saved the King enough by his Proposition . The first Ship was sheathed by his Majesty's Direction , March 10 1670. and soon after many more : But it quickly found great opposition , and continual Complaints and Objections , raised by the Artifice of Persons interested to oppose it ; viz. that it would rub off by Cables , Hawsers , lying on ground , &c. so that the Navy-Board deferred entring into any formal Contract for it , till they had taken time enough to be fully satisfied therein ; and after five Years Trial upon ten Ships , which had been sheathed within that time , they then ( as in the Preamble of their Contract ) upon † sufficient Proof and Experience , entred into a Contract with the Parties concerned for the whole time of their Act of Parliament . Afterwards about half a score Ships more were sheathed in two or three . Years time , when a new Complaint was raised from abroad by Letters from * some Captains and Commanders of Lead-sheathed Ships , that there was some venemous Quality discovered in the Lead sheathing , that did in a very extraordinary manner eat and corrode the Bolts and Rudder-Irons , which took such impression in that Navy-Board , notwithstanding all Reasons offered to the contrary , that they ( † some time afterwards ) reported the thing to the then Lords of the Admiralty , as true , and advised the stripping off the Lead-sheathing as soon as the Ships came home , to which Report the Mill'd-Lead Company ( when they heard of it , having obtained a Copy ) put in their Answer , both which were by my Lord Nottingham , one of those Commissioners , and also a Privy-Counsellor , laid before the King and Council , and by them upon Hearing ( the Particulars being many ) referred back again to the Lords of the Admiralty to examine and report their Opinions ; but that Admiralty Commission being determined before any Report could be obtained , this Sheathing has been discontinued in the Navy ever since , † upon no other ground but barely upon its supposed extraordinary eating and corroding the Rudder-Irons , all other Complaints being cleared as abovesaid , and nothing more now objected in their said Report , which shewed their full satisfaction in all other Matters , but what related to the Bolts and Rudder-Irons only . It may be observed upon this last Paragraph , without Reflection upon the Commanders , that the Shipwrights here having furnished their Brethren the Carpenters , on Board those Ships , with Instructions from the rusty discolouring of the Lead , mixing with the Filth about the Braces of the Rudder and Bolt-heads ( by the Salt Waters gleeting from the Iron-work beneath * being not parcelled as it ought to have been ) it may be thought no great difficulty ( especially if the Rudder-Irons happen'd to be much eaten ) for these Carpenters ( whose proper Business this is ) to impose upon the Captain by positive Assertions , that they never knew Rudder-Irons so much eaten in so short a time , and might name some upon other Ships that were much better ; and perswade him ( from this unusual Colour about the Iron work ) that it must be some poisonous or corroding Quality in the Lead-sheathing that has thus extraordinarily eaten his Rudder-Irons ; which seeming plausible to him , at length he believes , and writes so to the Navy-Board , and afterwards , perhaps , thinks himself bound in Honour to maintain it , what Reasons soever are offered to the contrary . The whole Proceedings about this Lead-sheathing having been sometime since printed , and the Books fold at certain Booksellers ( viz. Mr. Hensman's in Westminster-Hall , the Crown and Harrow in Fleetstreet , the Harp in St. Paul's Church-yard , and at the Leg and Star in Cornhill ) some eminent Merchants , Owners of Ships , have taken the same into their Consideration ; and being well satisfy'd of the Excellency , and preference of this Lead-sheathing in respect of the other , and of the weak and groundless Suggestions of its corroding and eating the Rudder-Irons , both from Reason and Experience ( it being evident that the duration of Rudder-Irons have always been very different and unconstant upon all Ships , whether sheathed with Lead , Wood , or not sheathed at all , according to the Smith's better or worse mixing , welding , and working of his Iron , * some of those other having lasted as short a time as any upon the Lead-sheathed Ships , as well as some upon these , as long as any upon the other , as can be proved , if necessary ; which Effects must have been as constant and uniform as their Causes , if the sheathing either way were any wise concerned therein ) have applied this Lead-sheathing to four Ships within this twelve month ; one of them a Ship of above 600 Tun , called the † Antel pe , employed the last Summer in his Majesty's Service , which being returned with her Sheathing much to the Owners satisfaction , they have since sent her a Voyage to the East-Indies . Notwithstanding all which , there are some Persons that are still prejudiced by the old Complaints , and others who deal in the Materials of the VVood-sheathing and Graving , especially the Shipwrights ( whose Interest it is , and therefore the less to be blamed ) that decry this Lead-sheathing ; but it is to be hoped there are some Persons in Power ( now that the Scene of the Royal Navy lies in the way of the Worm , and is likely longer so to do ) may be found of that Publick Spirit , that will give themselves the trouble to be duly informed in this Matter ; and if they find it deserves it , to promote its Restauration to the Navy , that the Publick may have the benefit thereof as well as private Persons , which may accrew to them in many other respects , besides the direct use it in sheathing Ships : For that the * most essential part of what 's imploy'd in the Wood-sheathing is of foreign growth , often in times of War ( when most wanted ) not to be had , or at very dear rates , whereas the Lead being in our own Bowels can never be wanting : And also , for that this Lead-sheathing will more exhaust our Lead-Mines , and increase the Manufacture of Lead ; upon which Considerations the Parliaments of England have ever laid great weight , in all their deliberations about Trade ; and particularly in the Act relating to this very Invention . All such as have occasion for this Lead-sheathing , or for any other sort of Mill'd Lead , from one pound to the Foot-square to twenty or more of the usual breadth of three Foot and an half , and twice as long as any Plumber pretends to cast , if need requires , for Covering Houses , and all Works wherein Sheet-Lead is used , better , and above 20 per Cent. Cheaper than theirs , as is proved in the Book above mentioned , p. 114. and elsewhere , Mr. Hale who lives at the Mill'd-Lead Sign in Aurange-street by Red Lyon Square , is ready to undertake the said Sheathing , or any other Work about Churches , Houses , &c. having able Plumbers and sufficient Workmen to perform the same ; and sells his Solder for six-pence a-pound , which the Plumbers , by Combination , have hitherto kept up at 9 d. FINIS . LONDON , Printed February , 1695 / 6. Notes, typically marginal, from the original text Notes for div A86409-e10 * Vide p. 38. 41. † P. 78. * P. 38. 41. 76. 80. † P. 27. P. 41. 76 , 77. Object . Answ . * P. 22. Of the Letter . † Vide Pursers Certificates . P. 83. † P. 114. * P , 116. † P. 8. 73 , 74 , 75 , 76. * P. 11 , 12 , 13 , 14 , 15. † Octob. 28. 1682. † P. 40. 41. Obs . * P. 25. 26. * Vide the Account of Rudder-Irons from Deptford , and p. 12. 14 , 15 , 30 , 32. of this Book . † Vide the single Sheet at the end of the Book . * P. 37. A94601 ---- To the Right Honorable the Commons assembled in Parliament the humble petition and representation of divers well-affected masters and commanders of ships; This text is an enriched version of the TCP digital transcription A94601 of text R210918 in the English Short Title Catalog (Thomason 669.f.13[17]). 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. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A94601 Wing T1614 Thomason 669.f.13[17] ESTC R210918 99869667 99869667 162912 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 0 1.0 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 1, no. A94601) Transcribed from: (Early English Books Online ; image set 162912) Images scanned from microfilm: (Thomason Tracts ; 246:669f13[17]) To the Right Honorable the Commons assembled in Parliament the humble petition and representation of divers well-affected masters and commanders of ships; England and Wales. Parliament. House of Commons. 1 sheet ([1] p.) s.n., [London : 1648] Imprint from Wing. Seafaring men have not gained by the late war. Customs are paid so that the seas may be guarded, but now there is no convoy to the Netherlands or France, so that all goods are sent in Dutch bottoms who can set sail in a day. Cites statutes forbidding this. Prays that four or five ships be set apart as constant convoys between Gravesend and the Netherlands. [With two orders of the Commons concerning the matter] -- Cf. Steele. At foot: This petition being presented by several masters and commanders of ships, the honorable House of Commons after the reading thereof made two orders to this effect: Die Lunæ, 11 September 1648. Ordered by the Commons assembled in Parliament, that it be referred to the Committee of Complaints to receive the particular grievances complained of in by the petitioners, and that they report them to this House. Ordered that a reference be sent unto the lord admirall, to the end that a constant convoy may be provided to guard the merchant ships, for the advance of the trade of the nation. Reproduction of the original in the British Library. eng Shipping -- England -- Early works to 1800. Merchant mariners -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Great Britain -- History, Naval -- 17th century -- Early works to 1800. A94601 R210918 (Thomason 669.f.13[17]). civilwar no To the Right Honorable the Commons assembled in Parliament: the humble petition and representation of divers well-affected masters and comma England and Wales. Parliament. 1648 1252 1 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2007-08 Emma (Leeson) Huber Sampled and proofread 2007-08 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion To the Right Honorable THE COMMONS Assembled in PARLIAMENT : The humble Petition and Representation of divers well-affected Masters and Commanders of Ships ; Sheweth , THat as in Judgment and Conscience ( being thereunto induced by the solemn Declarations of this Honourable House ) they at first did , and still do , contribute their Estates , and adventure their lives , for the preservation of the Parliaments honor , so they also expected the securing of the peoples just Rights and Liberties . That , contrary to the said Declarations , and their own Expectations , they have found such practises promoted of late days , as hath not only wounded the Parliaments honor , and made them become odious in the eyes of many of the Nation , but also ( instead of Freedom and Preservation , so solemnly promised to the People ) slavery and oppression is entaild to them and their posterity , as the only price of that blood and treasure so freely lent and expended in the late War . That as Seamen have not had the least share in contributing their Estates , and venturing their Lives , for to preserve your honor and their own Freedom , so none hath reaped less benefit , nor found more disrespect nor discouragement from the Parliament then they . That though they have constantly paid Customs , which were ordained and granted for no other end but that the Seas might be guarded by a competent number of Ships for the advancing of Trade , and encouragement of those men which should venture their Estates in a Merchandizing way to support the several Manufactures of the Nation ; as appears by many Statutes , especially that of the 1. of King James , Chap. 33. Yea though as an Additional Charge we have paid Excise also ; yet we have found our selves wholly neglected and oppressed , and the Seas worse guarded then ever , no Convoy being allowed to secure our ships and goods in their passage to the Netherlands , or France , by reason whereof Your Petitioners are almost utterly ruined . That for want of provision herein Merchants daily refuse to ship their goods with us , and choose rather to ship them in Dutch Bottoms , whom they say have a constant Convoy , and can set sail at a day , then with us , who they say must ( to the loss of their markets ) stay in the Downs till a Convoy be ready ; for which cause several goods hath been several times taken from abord us , and shipt with Hollanders , so that hereby the Dutch have engrossed all the Trade from the English , to the great prejudice of this Nation , and to the impoverishing of many hundred families , whose livelyhoods depend thereon . That we find our real and constant adherence to the Parliament hath added in a great measure to our misery ; for such is the Malignancy of many Merchants , that they refuse to employ us because we have been active in supporting your Interest in the Navy , especially in assisting the Earl of Warwick in the making up the present Fleet ; for which we receive many reproaches , nay , assaults and affronts , not only to the detriment of our names , but hazard of our lives , by evil affected persons ; so that unless this honorable House be pleased to take us into timely consideration , we are like not only to be exposed to want and misery , but also to be necessitated to fly to the prime Laws of Nature for refuge , and to abandon those ( whose hands we have strengthened hitherto with hopes of p●eservation thereby ) who had a power but not wills to relieve us , and become servants to other Nations , who will doubtless suffer us to reap some fruit of our labour , if we be instrumental in the increase and support of their glory . We are sensible , though willing to forget the great oppressions we lie under by Monopolies and restraint of Trade ; the illegal Liberty taken , and countenanced in Merchants shipping Goods in Forraign Bottoms , contrary to several Statutes , especially 2 Rich. 2. chap. 3. 14 Rich. 2. chap. 6. 1 Eliz. chap. 13. &c. The rigorous exaction of Customs and Excise , even of the poorest Seamen , and vexatious proceedings of Committees thereupon , to the total disheartening of all Seamen ; whereby our Trade at Sea , which was wont to be the glory of the Nation , is now totally lost , and many thousands which lived comfortably thereon , and were serviceable to the Common-wealth , are either forced to abandon England , and serve in other Countries , or else apply themselves to some other way of Living to maintain their Families . If therefore there yet be any bowels of Compassion remaining in you toward a distressed , yea almost destroyed people , let some yernings of spirit be speedily manifested : and as an evidence thereof we desire . That since the Hollander hath almost engrossed all the Trade at Sea , and now absolutely refuseth to grant Convoys to the English as heretofore ; and forasmuch as thereby our Trade is wholy destroyed , some Merchants not daring , and others absolutely refusing to ship their Goods with us , for want hereof ; and several quantities of fine goods being now in the Netherland , which cannot be brought home ( being now , not only denyed a Convoy by the Dutch ; but also express command given to their Convoyers that none of them shall take any English Ships into their protection ) although some English Ships have waited there this three moneths for the same . That therefore this House would be pleased to appoint four or five fitting ships to serve as constant Convoys to guard our shipping from Gravesend into the Ports in the Netherlands and France , and return back with others homeward bound : That being the constant order of the Hollander , by which means their Trade is increased , and they mightily enriched . That this House will prevent that necessity which must ( if not removed ) occasion an estrangement of our affections and assistance toward you . That as soon as may be all Monopolies and restraint of Trade be removed , and some way taken to prevent the shipping of Goods in Forraign Bottoms , to the end that Trade may again be restored , and the Glory of the Nation preserved . And Your Petitioners shall pray , &c. This Petition being presented by several Masters and Commanders of Ships , the honorable House of Commons after the reading thereof made two Orders to this effect : Die Lunae , 11 September 1648. Ordered by the Commons assembled in Parliament , That it be referred to the Committee of Complaints to receive the particular grievances complained of by the Petitioners , and that they Report them to this House . Ordered that a Reference be sent unto the Lord Admirall , to the end that a constant Convoy may be provided to Guard the Merchants Ships , for the advance of the Trade of the Nation . B03664 ---- An advertisement shewing that all former objections against the mill'd-lead sheathing have been answered by the navy-board themselves. And what's lately objected, is answered herein, as follows. Hale, Charles, Mr. 1696 Approx. 22 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B03664 Wing H219 ESTC R226291 53981659 ocm 53981659 180241 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 0 1.0 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 1, no. B03664) Transcribed from: (Early English Books Online ; image set 180241) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2823:2) An advertisement shewing that all former objections against the mill'd-lead sheathing have been answered by the navy-board themselves. And what's lately objected, is answered herein, as follows. Hale, Charles, Mr. 4 p. [s.n.], London : Printed May, 1696. Caption title. Attributed to Hale by Wing. Imprint from colophon. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sheet-lead -- England -- Early works to 1800. Shipbuilding -- Materials -- Early works to 1800. Shipbuilding -- England -- Early works to 1800. 2008-01 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 John Pas Sampled and proofread 2008-05 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion AN ADVERTISEMENT , Shewing that all former Objections AGAINST THE MILLD-LEAD Sheathing Have been Answered by the NAVY-BOARD themselves . And what 's lately Objected , is Answered , herein , as follows . ALthough the Objections against this Sheathing have been fully answered by the Mill'd-Lead Company 's Reply , made to the late Navy-Boards Report ( which was dated , Octob. 28. 1682. ) to the then Lords of the Admiralty , printed in the Year 1691. and by the other Papers since published by Mr. Hale , the same might all have been well enough spared , that Board having indeed sufficiently answer'd themselves by their own Contract with the said Company , dated March 3. 1675. and their said Report it self , if nothing but what they say therein had been taken notice of : For , In the Preamble of their said Contract ( after five years Trial upon ten Ships within that time sheathed ) they owned to have entred into the same upon sufficient Proof and Experience of the Goodness and Usefulness of the said Sheathing , having forborn to enter into a formal Contract till then , that they might make what Observations of any defects they could themselves , or what its watchful Adversaries should discover to them , a time long enough to have discerned its monstrous eating of the Ruddar-Irons ( so much complain'd of afterwards ) if there had been any such thing . By their said Report , in 1682. made after twelve years Experience upon twenty Ships that had been sheathed within that time ( having nothing to object against its keeping on , duration , and certain security from the Worm , or any thing else ) they complained only of this Sheathings extraordinary eating and corroding the Bolts and Ruddar-Irons , and that but of eight of those twenty , saying nothing of the rest ; and , by their Complaints , those eight differed exceedingly amongst themselves ; some lasting above twice as long as others , and some of the Irons of the same Ruddar , complain'd of , to be very much eaten , whilst others were said to remain good and serviceable ; which different Effects not being possible , in the Nature of Things , to proceed from one and the same Cause , [ Lead-Sheathing ] they should have found out another , or have been willing to have hearkened to those that did , who charged this different duration upon the Smith's better or worse mixing , welding , and working his Iron with Fire and Hammer , and proved it by an ocular Evidence upon view of the Henrietta's Iron-work , produced at their own Board , as in Pag. 14. of their said Reply , that alone , and only that , being able to answer the great variety of decay that now is , and ever was upon all Ships sheathed , or not sheathed , before Lead-sheathing was ever thought of ; which could not be , but the decays must be always conformable to their Causes , if the sheathing either way , or not sheathing at all , were any wise concerned therein ; And thus from their own Act , and the very Complaints annexed to the said Report , they may find all their Objections fully answered : So hard a thing it is for Men not to contradict themselves , when once they go about to contradict the Truth . But since these Reasons ( being now generally taken notice of ) expose those Objections to Contempt , another is advanced , which at first , seeming somewhat plausible , ought to be answered as well as the rest ; viz. That there having been so many Persons ( some of Wealth and good Quality ) all along concerned in this Work , till now of late , it could not be , that this Sheathing should be so laid aside all this while , but that it must in sixteen or seventeen years time have been restored again to the Vse of the Navy , if there had been any Truth in what Hale says , and so much real Worth and Excellency in the thing it self , as he pretends . This Insinuation being natural enough , and likely to prevail with some , not to trouble themselves to read , or mind what Hale has printed upon this occasion , he finds himself obliged to give some Answer to it , and hopes he may be excused , if in his own Defence he mentions some Persons and Circumstances , that did occurr in this Affair , which he hath hitherto omitted , that the World may judge who , and what sort of Men they are beholden to , for this delay , and depriving the Publick of the benefit of so useful an Invention all this while , or whether it be in truth owing to its own Deficiency , and want of Merit in it self ; which he proceeds to do by these following steps ; viz. 1. While the Complaints about the Ruddar-Irons lay before that Navy-Board , the Parties concerned attended them , and thought they had then given them sufficient Reasons from the different duration always observed in the Iron-work , that the Lead-sheathing could be no wise concerned therein ; or if they were not presently satisfied , they believed at least ( the King having commanded them by the Admiralties Order of Dec. 20.1673 . printed in Pag. 6. of the said Reply , positively to sheath no otherwise than with Mill'd-Lead , without their Lordship's express Order ; and they having by several Orders in April and May 1678 , as in Pag. 10. & 44. made for their better Enquiry into this Matter , and directed them to demand Ruddar-Irons from the Mill'd-Lead Company , for such Ships they should afterwards sheath , upon their Proposal to undertake the making of them ) that they would not leave off this Sheathing totally without Order , tho' they had had no Demands from the Board for a long time , when they had heard several Ships had been sheathed with Wood , for which , Age , Weakness , or some reason or other was pretended , but never that they had wholly laid it aside : So that the Company remained in continual Expectation of Demands at one time or other , till they were surprized with the said Report , by which means they were abused and deluded out of above four years of their time , all which is set forth in their Reply , Pag. 10. 24 , 25. 2. The Mill'd-Lead Company having put in their Reply to the said Report , and the Lords of the Admiralty having order'd the Commissioners of the Navy to attend , read the same to them , telling them , they must in some convenient time put in their Answer in Writing , to which they excusing themselves , saying , they had not leisure nor skill to write such fine Discourses , but were well assured there was Cause enough for the Complaints they had exhibited . My Lord Nottingham told them , the thing importing such great Pretensions to His Majesty's Service , it was too hot for their Fingers , they would lay it before the Council Board , let them get what time they could , or do as they pleased there ; which his Lordship , being one of the Members of that Board , as well as of the Admiralty , accordingly did ; and the Council upon hearing both sides , Dec. 22. 1682. ( the Particulars being many ) referred the same back again to the Admiralty to examine and report , as in Pag. 51. Whereupon the Company made their farther Address to that Board , printed , Pag. 54. but were kept in hand by delays , and one pretence or other , not being able to obtain any Report according to the Reference , before their Commission was determined , which was in May 1684. so that here there was above a year and an half 's time more lost . 3. Afterwards King Charles took the Office of Lord High Admiral into his own hands , managed by the Duke of York , and Mr. Pepys his Secretary , of which the Mill'd-Lead Company had great hopes to find the good effects , he having always approved their Sheathing , and himself having penned their Reply abovementioned , and Mr. Hewer his Chief Clerk being , as he knew , one of their Partners , recommended by King Charles under his Sign Manual , to avoid Envy , with particular Directions to take care that their Work should be duly promoted in the Navy ; but the same Navy-Board being continued in Commission the remainder of King Charles's and beginning of King James's , Reign , they pretended not to have Power enough , but doubted not in convenient time to see the Lead-sheathing restored , which the Company might be sure they would take all opportunity to promote , so that almost two years more was spent in these Expectations . 4. But now that the oeconomy and method of the whole Affairs of the Navy , and even the Navy-Board it self were new modelled and managed , according to Mr. Pepys his Proposal to King James , upon a Commission , dated April 17. 16●6 . ( as appears by his Memoirs printed in the year 1690. ) when himself was in effect Lord High Admiral , and Sir Anthony Deane a professed Friend to the Lead-sheathing from the beginning , and Mr. Hewer , and others , who Mr. Pepys approved , were made Commissioners of the Navy : Upon this Project of Reformation and good Husbandry to the Crown , one should have thought that this Lead-sheathing had not been far from its Restauration ; but whatever occult or corroding Quality there may lye conceal'd in the Mill'd-Lead Sheathing , in respect of the Ruddar-Irons , there seems to be something extraordinary in the very Essence and Constitution of a Commissioner or Officer of the Navy , in respect of that ; for after this new Commission , the Company thought themselves sure of a speedy dispatch , and therefore made little Application for some time , depending upon their Partner Mr. Hewer ( and his known , and their seeming Friends , especially it now becoming their Duty , as they knew it to be a great Service to the King ) for encouragement to apply themselves formally to their Board , but were kept in hand , by one pretence or other still , for nine months more ; when Mr. Hewer , being able to excuse the delay no longer , advised his Partners to make a new Proposal to their Board , to sheath at a rate certain per yard square , and to wave the old Contract , and all Discourse about the Complaints , saying , he believed those that had been concerned therein were now better satisfied they had been misled , and would take it well to hear no more thereof ; so the Company laid before them their Proposal , dated Dec. 20. 1686. printed Pag. 60. But even after this they were ( upon the like pretences of unseasonableness from pressing Business , or want of compliance in some of their Members , which they hoped to satisfie , though there was but one of those that had subscribed the Report remaining at their Board ) delayed about four months more : At length , finding Mr. Hewer did nothing , Dr. Davenant , one of the Partners , being related to my Lord Falkland , prevailed with his Lordship to move the Board , that their new Proposal might be referred to some of their own Members , to consider and Report their Opinions , which could not easily be deny'd ; and so it was referred to Sir Annhony Deane , and Sir Phineas Pett , Commissioner at Chatham , Sir Anthony being there , when Mr. Hale writ to them from the Company , to put them in mind of making their Report before they parted , not doubting but it would be a fair one , Sir Phineas having also certified formerly in favour of the Lead-sheathing , and refusing to sign the said Report against it , with the rest of that Board . 5. Hale waiting upon Sir Anthony at his Return , which was about a fortnight after , asked him if they had made their Report ? What Report , says , he , ( seeming strange ! ) Why , yours , says Hale , and Sir Phineas Pett's , upon the Boards Reference to you of our Proposal : That , says he , I have reported forty and forty times , That I am satisfied your Sheathings an excellent thing , and best for the King's Service , but you must speak to Narbrough and Berry , you know that I am always ready to promote it . They mind not ( says Hale ) what we say ; you must satisfie them with the Reasons you are satisfied your selves , or the Board must proceed without them ; but if you don't report your Opinions in Writing , how can the Board go on with their Reference to contract with us ? Why , says he , you would not have us report it is cheaper ? Yes , says Hale , but I would , it 150 per Cent. be cheaper ; which you know Mr. Pepys , Mr. Hewer , and your Self found by Calculation , with respect to its duration , from the Navy-Books , I being present . Ay , duration , says , he , ( sheering off ) you must speak 〈◊〉 them , you may be sure I 'll do what I can . Thereupon Hale having writ to Sir Phineas Pett , received his Answer , That Sir Anthony Deane had the Papers from the Navy-Board in his keeping , saying , You must get Mr. Hewer to speak to him to dispatch it ; for my part , I am ready to sign a Report at any time . Mr. Hewer was told this ; and Sir Anthony said , he would acquaint the Board with what they had to say , as well as if 't were in Writing , all pretending fairly , blaming others , but still with promising hopes , whilst those concerned began now to discern how they had been deluded for about two years more , which will appear farther confirmed in the next Paragraph . 6. The Company now thought it adviseable to apply themselves to some Person of Quality at Court for their assistance , in hopes of fairer Quarter , as they found at the beginning , while my Lord Carlisle was their Partner , which my Lord Marlbrough having accepted of , they mentioned it to his Lordship to present a Petition to the King , that whereas they had such a Proposal that had lain so long before the Navy-Board , His Majesty would be pleased to order them to admit thereof , or to give their Reasons in Writing why they did not , which his Lordship approved , and accordingly such a Petition was prepared , and by him put into the hands of Mr. Pepys to be delivered , not doubting Success if He should but appear sincere at last , who had taken such pains throughly to inform himself therein , and had so often declared his approbation thereof , upon full Conviction ( to use his own Words ) that it was a great Service to the King , and promised the Company at his first Return to his Office to promote the Use of it , whenever it came in his way to do 't ; and sure that could not be question'd now . 7. But even he also appeared plainly to have another Interest now to preferr , pretending difficulty to restore , it having been so long laid aside , and the Commanders so much prejudiced against it , fearing the loss of their Ruddars , and consequently the King's Ships and Subjects . He proposed also a new Trial upon two Ships , to be sheathed one with Wood , the other with Lead , and new Ruddar-Irons put on together , to see which proved best , which had been formerly mentioned . To all which he received Answers : To the first , That 't was not their fault , but their loss , as well as the King 's that it had been discontinued so long , as he well knew . Secondly , That it was not likely a Captain would refuse his Commission , or be unwilling to go in a Lead-sheathed Ship ( which he had shewn would sail better ) if once that Sheathing had passed Approbation above . Thirdly , That it was not reasonable now after seventeen or eighteen years Trials already , to wait three or four years more for the Success of another ; which , as he had formerly observed himself ( the Ruddar-Irons being liable to so much Uncertainty ) could not determine the truth of the thing with any certainty at last ; though when it was first proposed , the Company was willing enough to make Trial thereof , the course of their Trade being not intended to stop till the Trial made : he replied that if those Fears prevailed with the Captains , 't was no matter how self-convinced soever we were that there was no cause for 't ; but he would take some opportunity to present the Petition , for which he should have time enough , before there could be occasion for any sheathing , but never did , nor did they expect ( with any advantage to them after these Evasions ) he ever would : So that the other Parties concerned seeing their whole Interest , which they had so long depended on , and which was now in power , turned against them , they in some time afterwards parted with their Concerns to Mr. Hale ( who had the greatest share therein , and having exhausted his Fortune by it , most of all depended thereon ) upon Terms agreed between them . From thenceforwards Hale being only concerned , he applies himself to the World in Print , by Publications of the great Use , Excellency , and preference of the Mill'd-Lead , as well for covering of Houses , &c. as sheathing of Ships , the Plumbers and their Friends having also decried it , as the Shipwrights and theirs do . And , in the year 1691. in a small Book , amongst other things , he printed the said Reply to the Navy-Board's Report , and the Proceedings that had been thereon before the then Lords of the Admiralty and Council-Board , as the same were in Fact , for the satisfaction and encouragement of Merchants , and others , as they should judge thereof . Amongst many that had read the Book , and approved of the Lead-sheathing , some eminent Merchants having within these two years sheathed several Ships with it , and Hale hearing there were about half a score Ships ordered to be sheathed for last Summer's Service , addressed himself to the present Navy-Board , that they would be pleased to sheath one or two of these Ships ( at least ) with Mill'd-Lead , that they might within their own Time , and under their own Order and Observations , make some Trial thereof themselves , and encourage the farther use of it , as they found it deserved , and not to depend altogether upon the old Complaints and Objections , which some think have been fully enough answered . Their Answer was , that the thing had been long agoe contrasted at that Board by their Predecessors , who they believed , being Men of Judgment and Understanding in their Business , had fully examined and considered the Matter , and laid aside the use thereof , upon very good grounds , which they had reason to be satisfied in , and not to question their Proceedings . By this time it may appear , who have been the Cause that the Mill'd-Lead Sheathing was thrust out , and its Use been discontinued in the Navy all this while , and what Hardship and evil Treatment this unfortunate Invention hath met with ever since it came into the World , not only by its Enemies , but it s most intimate seeming Friends , for all the manifest Benefits and Advantages it brought , and proposed to the Publick , by preserving the Hulls of our Ships from their mortal Enemy the Worm , without hindrance to Sailing , at a Rate above Cent. per Cent. cheaper than the Wood-sheathing , as has been proved , and that by imploying and exhausting the Product and Manufacture of our own Country , instead of the foreign hitherto used therein : And it were harder yet , if these its past Sufferings should by Insinuation be charged upon it as a Crime , to condemn it to a perpetual Banishment hereafter , as this ill-natured Objection drives as . The said Book may be had a these Book-sellers Shops ; viz. Mr. Hensman's in Westminster-Hall , the Harrow and Crown by St. Dunstans Church in Fleet-street , the Golden Harp in St. Paul's-Church-yard , and at the Leg and Star , near the Royal Exchange , Cornhill : And the Mill'd-Lead it self of any thi●ness , from one pound in a Foot square to twenty or more , if required , of the usual breadth of three Foot and an half , and above twice as long as any Plumber pretends to cast , if desired ; for all Vses of Churches , Houses , &c. better , and at least 20 per Cent. cheaper than Cast-Lead can be , as well as for sheathing Ships , above Cent. per Cent. and for all other purposes where Sheet-Lead may be used , and many that Cast-Lead cannot be apply'd to , as is fully proved in the said Book , and the said printed Papers , which Papers , as well as this , may be had gratis at the Book-sellers , aforesaid : Or , At the Milld-Lead Sign in ●urange-street , by Red-Lyon-Square , where Mr. Charles Hale lives , who undertakes the said Sheathing , or any other Work about Churches , Houses , &c. having able Plumbers , and sufficient Workmen to perform the same ; and sells his Solder for 6 d. a-pound , which the Plumbers have by Combin●tion hitherto kept up at 9 d. LONDON , Printed May , 1696. Notes, typically marginal, from the original text Notes for div B03664-e10 1st . 2dly . Pag. 57. A43162 ---- The life and death of Mother Shipton being not only a true account of her strange birth and most important passages of her life, but also all her prophesies, now newly collected and historically experienced from the time of her birth, in the reign of King Henry the Seventh until this present year 1667, containing the most important passages of state during the reign of these kings and queens of England ... : strangely preserved amongst other writings belonging to an old monastary in York-shire, and now published for the information of posterity. Head, Richard, 1637?-1686? 1677 Approx. 120 KB of XML-encoded text transcribed from 29 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A43162 Wing H1257 ESTC R16009 12159493 ocm 12159493 55255 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 0 1.0 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 1, no. A43162) Transcribed from: (Early English Books Online ; image set 55255) Images scanned from microfilm: (Early English books, 1641-1700 ; 103:1) The life and death of Mother Shipton being not only a true account of her strange birth and most important passages of her life, but also all her prophesies, now newly collected and historically experienced from the time of her birth, in the reign of King Henry the Seventh until this present year 1667, containing the most important passages of state during the reign of these kings and queens of England ... : strangely preserved amongst other writings belonging to an old monastary in York-shire, and now published for the information of posterity. Head, Richard, 1637?-1686? [6], 50 p. Printed for B. Harris ..., London : 1677. Illustrated t.p. Signed on p. [4]: R. Head. Mother Shipton, reputed prophetess, is in all likelihood a wholly mythical personage, and the work an "imaginary biography". Cf. DNB. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.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 1473 and 1700 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 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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. 5% (or 5 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 100 instances per text. Any remaining illegibles were encoded as 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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Shipton, -- Mother -- (Ursula) Prophets -- England -- Biography. Prophecies. 2008-08 TCP Assigned for keying and markup 2008-11 SPi Global Keyed and coded from ProQuest page images 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion The Life and Death of Mother Shipton . Being not only a true Account of her strange Birth ; and most important Passages of her Life ; but also all her Prophesies , now newly Collected , and Historically Experienced , from the time of her Birth , in the Reign of King Henry the Seventh , until this present Year 1667 Containing the most Important Passages of State during the Reign of these Kings and Queens of England following , Viz. Henry the Eighth . Edward the Sixth Queen Mary Queen Elizabeth . King James . King Charles the First . King Charles the Second . Strangely preserved amongst other Writings belonging to an old Monastary in York-shire , and now published for the Information of Posterity . LONDON , Printed for B. Harris , at the Stationers Arms in Swe●things-Ally near the Royal Exchange in Cornhill , 1677. Beloved Countrey-men ; THe great Fame , and general received Opinion of Mother Shipton , with the Credit she hath obtained by those several Prophesies uttered by her , which since in the greatest measure have come to pass : These considerations ( I say ) put me upon a Resolution to search out by my best endeavour , the Parents , Place , and Time wherein this Mother Shipton Flourished . Many old Manuscripts and rusty Records I turned over , but all in vain ; at last I was informed by a Gentleman ( whose Ancestors by the Gift of King Henry the Eighth , enjoyed a Monastary in those parts ) that he had in his keeping some ancient Writings which would in that point satisfie my desire , were they not so injured by Time , as now not legible to Read ; however , I not despairing to find out their meaning , with much Importunity desired to have a sight of them ; which having obtained , I took of the best Galls I could get , beat them grosly , and laid them to steep one day in good white-Wine , that done , I distilled them with the Wine ; and with the distilled Water that came off them , I wetted handsomly the old Letters , whereby they seemed as fresh and fair , as if they had been but newly written ; here did I find her Life and Prophesies copied out by an impartial hand , which I have in this Book presented to thy view , together with an Exposition upon her Prophesies , for the better understanding of them , and which may serve to them whose leisure will not permit to read , or want of money forbid to buy more Voluminous Authors ; this ( I say ) may serve to them instead of a Chronicle , wherein they may find related the chiefest matters performed in each King and Queens Reign since the time wherein she flourished : much more might be added , but least I should exceed the bounds of an Epistle , and like the Citizens of Mindium , make my Gates too bigg for my City , I shall here break off abruptly , wishing thee as much pleasure in the Reading thereof , as I had in the VVriting of it ; and so Farewel . R. Head. POSTSCRIPT . COurteous Reader , let me desire thee Candidly to pass over some seemingly Impossibilities in the first sheet , ( allowing the Author Licentia Poetica in her description ) and some Actions performed in her Minority ; and only to weigh the more serious parts of her Prophesies , wherein ( if thou bee'st rational ) I doubt not but thou wilt receive ample satisfaction . The Contents . CHAP. I. WHat her Father and Mother were , and what wonderful things happen'd at her Birth ; as also the place of her Nativity . CHAP. II. How the Devil constantly visited her , in what forms and shapes , what strange things she did to those that offended her , harming some , and making sport with others . CHAP. III. How Agatha Shipton was apprehended , and brought before a Justice ; what her Confession was , her Mittimus being made to be sent to Prison , how she escaped by the help of her friend the Fiend ; she is retaken , and found with Child , is bail'd , CHAP. IV. What kind of shape Mother Shipton had when she was born , how she was put to Nurse at the charge of the Parish , and what strange things were seen in the house where she was Nurst , during the space of four years . CHAP. V. How Mother Shipton whilst but very young at Nurse , was daily visited by Spirits , in divers shapes and forms , and what prancks they plaid during her abode there . CHAP. VI. How Mother Shipton was put to School , learning more in a day , than other Children could in a Month ; how she was jeer'd by her School-fellows for having such a monstrous long Nose , and what prancks she plaid upon them by way of Revenge , she now growing very famous . CHAP. VII . How several persons came to Mother Shipton for her Predictions , and how a rich Heiress being deceived by her Maid , fell sick and dyed . CHAP. VIII . Mother Shipton's Prophesies concerning Henry the Eighth's journey into France , of Gardinal Woolsey , and other things . CHAP. IX . Her Prophesies to the Abbot of Beverly , concerning the downfal of Abbyes , Nunneries , Priories , &c. with other things . CHAP. X. Her Prophesies concerning King Edward the Sixth , the Rebellion of the Commons , the Death of the Duke of Somerset , with other things . CHAP. XI . Her Prophesies concerning the Death of Jane Grey , the burning of the Martyrs , of Wyats Rebellion , the Death of Queen Mary , and Cardinal Pool . CHAP. XII . Her Prophesies concerning the Reign of Queen Elizabeth the change of Religion , the attempts of the Papists upon the Queen , the Spanish Invasion , the burning of Pauls Steeple , the death of the Queen of Scots , the reducing of Ireland , the beheading the Earl of Essex , &c. CHAP. XIII . The Prophesies of the Reign of King James , his uniting England and Scotland , his peaceable Reign , a Learned time , the Powder Treason , the Marriage with the Prince Elector and Lady Elizabeth , the Death of Prince Henry . CHAP. XIV . The Prophesies of the Reign of King Charles the First , his Marriage with France , the Murther of the Duke of Buckingham , the Scottish troubles of the long Parliament , & Bloody Warr ensuing after the Execrable Murther of the King. CHAP , XV. The Reign of King Charles the Second , the Vsurpation of Cromwel , the strang Confusion of a Democratical Government , the Restauration of the King , the great Sickness , the Burning of the City of London . THE LIFE and DEATH OF MOTHER SHIPTON . CHAP. I. What her Father and Mother were , and what Wonderful things happened at her Birth , as also the place of Her Nativity . IN the Second Year of King Henry the Seventh , which was in the Year of our Lord One thousand Four hundred Eighty and six ; there lived a Woman called Agatha Shipton , at a place called Naseborough near the Dropping-Well in York-shire . She came of poor Parentage , who died and left her to shift for her self , at the Age of fifteen . After their decease , she still inhabited in the Old House ; but being now deprived of those helps she formerly enjoyed conducible to a lively-hood , she was constrained to seek relief from the Parish ? which she did , but with so much regret and grief , that she seemed in her begging rather to command Alms , then in an humble manner to desire it . At length she arrived to that pass , that she was upon the matter starving , rather then she would be beholding to the charity of any . The Devil looking on her poverty to be great , and knowing her evil inclinations by her completion ( for you must understand , that the Devil is a great Scholar , well read in all things , and much acquainted with the constitutions of all sorts of persons . ) I say , perceiving that she was willing to accept of any proposition to change her condition ▪ He one time as she was sitting Melancholy under a Tree by a River side , accosted her in the form of a very handsome young man , well apparel'd with all things suitable to a youthful garb . Pretty Maid , ( quoth he ) Why dost thou fit so sad ? Thy age is too slender for thy head to be troubled with cares of the World ; come tell me what is the matter , and if it lie within my power to assist thee ( as I am sure it doth ) thou shalt not want a friend of me . Agatha casting up her eyes , and there seeing a face so lovely , could not suspect a Devil bid in that comely shape ; whereupon in a lamentable tone she exprest all that troubled her , informing him of her great wants , and that knowing not how to work , she could not provide what her necessaries required : Pish ( said the Devil ) this is nothing , be ruled by me , and all shall be well ; she told him she would ; hereupon be ordered her to meet him at the same place the next day , and he would bring some friends along with him , for he told her he resolved to marry her ; she promised him she would , and accordingly they met . He came riding upon a stately Horse , with a pillion behind for his Spouse , attended by a great many Gallants ( as they appeared ) well mounted , and in a noble equipage . His Devilships attendants soon conveyed his Mistris behind him , as she imagined ; not in the least doubting the reality of all she saw . They needed neither switch nor spurr to hasten them forward , the Iades were fiery enough of themselves , and ran with that swiftness that the wind could not over-take them in their full speed ; soon they arrived at their journies end , where seemed to be a very stately House , with a great pair of Gates , which at their approach opened by a Porter with his stick , in his Livery-gown : Alighting , she went in , where she saw a great many servants , which seemed at the sight of her and their Master , to show much respect and obeisance . Now did the Devil command rich Garments to be brought , which she was immediately cloathed with , and being , thus richly attired , she was ushered into a great Hall , where was a long Lable furnished with all the Varieties the whole world could afford ; at the upper end of which table she was placed , next her the Friend her intended husband ; all the rest of the guests did place themselves as they thought fit . As they had the choicest cheere , so had they the best of Wines , and sweetest Musick . Dinner being ended , they fell to Dancing ; and now could my lecherous Devil stay no longer , but he must needs walk a co●ant with his Mistris into another private room , and there courted her to lust ; the simple Girle consented , and so they both went to bed together , with the Ceremonies of Marriage . His touches ( as she confessed to the Midwife that delivered her of her Devilish Off-spring ) were as cold as ice , or snow . After they had lain a little while together , he told her what he was , and what she must do hereafter , if she intended to live happy and delightful days . First , he told her that he was no Mortal , but a Spirit immaterial , and not burdened by a body , nor hindred by any material thing ; So that I can when I please pierce through the Earth and ransack its Treasures , and bring what precious things I please from thence to bestow on those that serve me . I know all rare Arts and Sciences , and can teach them to whom I please . I can disturb the Element , stir up Thunders and Lightnings , destroy the best of things which were created for the use of man , and can appear in what shape , or form I please . It will be too long to discribe my power , or tell thee what I can do ; but will only tell thee what thou shalt do . That being done , I will give shee power to raise Haile , Tempests , with lightning and Thunder ; the Winds shall be at thy command , and shall bear thee whither thou art willing to go , though never so far off , and shall bring thee back again when thou bast a mind to return . The hidden treasures of the Earth shall be at thy dispose and pleasure , and nothing shall be wanting to compleat thy happiness here . Thou shalt moreover , heal or kill whom thou pleasest ; destroy or preserve either man or beast ; know what is past , and assuredly tell what is to come . Here note by the way , the Devil is a Lyar from the beginning , and will promise more by ten millions , than he knows he is capable to perform , to the intent he may insnare and damn a Soul. This poor ignorant wretch easily believed what this Grand Deceiver of Man kind told her ; and being ravish't with the thoughts of being so highly prefer'd , she condescended to all the Devil would have her do : Whereupon he bid her say after him , in this manner : Raziel ellimiham irammish ziragia Psonthonphanchia Raphael elhaveruna tapinotambecaz mitzphecat jarid cuman hapheah Gabriel Heydoncurris dungeonis philonomostarkes sophecord hankim . After she had repeated these words after him , he pluckt her by the Groin , and there immediately grew a kind of Let , which he instantly suckt , telling her that must be his constant Custom with her morning and evening ; now did he bid her say after him again , Kametzeatuph Odel Pharaz Tumbagin Gall Flemmngen Victow Denmarkeonto . having finisht his last bellish speech , which the chiefest of his Minions understand not , out of which none but the Devil himself can pick out the meaning ; I say it thundred so horridly , that every clap seemed as if the vaulted roof of Heaven had crackt and was tumbling down on her head ; and withal that stately Palace which she thought she had been in , vanisht in a trice ; so did her sumptuous apparel : and now her eyes being opened , she found her self in a dark dolesom Wood ; a place which from the Creation , had scarce ever injoyed the benefit of one single Sun-beam . Whilst she was thinking what course to steer in order to her return , two flaming fiery Dragons appear'd before her tied to a Chariot , and as she was consulting with her self what was best to be done , she insensibly was hoisted into it , and with speed unimaginable conveyed through the Air to her own poor Cottage . CHAP. II. How the Devil constantly visited her , in what Forms and Shapes ; what strange things she did to those that offended her , harming some , and making sport with others ; and at length brought to Bed of a Child , which is commonly called , Mother Shipton . BEing come home , the Neighbours flockt about her , having mist her two or three days , shrewdly suspecting some mischief had befallen her ; but when they beheld her face they were all amazed , to see such a strange alteration in her countenance , in so short a time ; and here the Proverb was verified in her : She lookt as if a Hagg had rid her . Before she met with this wanton Devil , she lookt plump and fresh , which were all the good quallities she had in her ill featured face ; but now that red plumpness vanisht , and there was nothing to be seen but a pale shriveled skin on her cheek , which for want of flesh seemed to fall in her mouth , to be devoured by her hunger-starved jaws . Those about her which were charitable minded , pittied her , comforted and gave her monys , which with a great deal of disdain and scorn she threw them , saying , she wanted not , nor stood in need of their Alms ; for look ye here ( said she ) is many enough , plucking her hand out of her pocket , the people drawing near her , discovered that what was in her hands , was nothing else but some Aspin-leaves : and notwithstanding , they endeavoured to perswade her that she was mistaken in supposing that to be money , yet would she not believe them ; so strong a Power the Devil had gotten over her already . In fine , she did bid them all be gone , for now she began to take little delight in humane Society : It was not long that they had left her , before the Devil ( with whom she made a Hellish Contract ) came in to see her , in the same handsome young form as he first appeared unto her , telling her that he came to supply the company of those she had wisely dismist , that she needed not the Society of humane creatures , for he would not fail to he constantly with her ; always bringing with him what should not only serve for a bare Livelihood , but her Delight , Pleasure , and Satisfaction : Hereupon by the Devil's command , there instantly appeared seemingly , a compleat noise of Musick , with Dishes of Meat , great variety of the choicest and most pleasing sort : which so ravished Agatha , that she fell to the ground in a very profound and deep trance . One of her Neighbours coming in this while , wondered to see Agatha lying on the floor motionless ; however out of pity and commiseration , she kneeled down , and having crost her self , and said a short prayer , she endeavoured to waken Agatha , but using what means she could , it all signified nothing ; she shook and pincht her , and pulled her by the nose , yet still she lay insensibly : This Neighbouring-woman being strangly amazed and scared hereat , ran out amongst the rest of the Neighbours , crying out , that poor Agatha Shipton was suddenly struck dead , and so desired them to go into the house with her , and they should there be the eye-witnesses of the truth thereof ; whereupon several went and found what this woman had said , to be seemingly true : but one wiser then the rest stooped down and perceiving that she breathed , spake aloud , Friends , ye are all mistaken , Agatha is not dead , but in a trance , or else she is bewitched ; she had scarce uttered these words before Agatha began to stir ; and soon after , raised her self on her leggs , crying out in a very distracted tone , What make ye here , vile wretches ? Cannot I enjoy my pleasures , but ye must be Ches-dropping ? get ye gone , as having nothing to do here , and hereupon she fell a dauncing , which they wondered at because they could here no Musick . At length Agatha turning about , and seeing they were not gone ; said , if ye are resolved thus to disturb me , and will not go , I will make ye : this something affrighted them , for they now verily believed she was a witch ; and as they were hastning away with all imaginable speed , a sudden strong wind boisted them a great height into the air , falling all to the ground again without the least barm , only some shame to the women , for they descended with their heads downwards , their coats over their ears , their lower parts appearing all naked to the astonished spectators ; the men were seen like overgrown Goats with larg horns on their heads , and women riding on their backs : which sights as they produced inexpressible wonder , so amidst their amazement , they could not but burst out into excessive laughter . This wonderful and unexpected exploit , was instantly noised all about the Countrey , which occasioned a great resort of people to the place where Agatha lived ; which so perplext her by their undesired visits , that she resolved within her self to be revenged on some of them ; which by the Devils help she effected ; mischieving some in their persons , others in their cartel , and others in their credits : one had a Horse that dyed suddenly , and being opened , there was found in his stomack fish-books , and hair , instead of Hay and Dars . Another going to sit down at Table with persons of good quality at dinner-time , and thinking himself very spruce and fine , had in an instant his Kuffe pull'd off , and the seat of an House of Office clapt on in its place , he that sate next him , breaking out into a great laughter at the sight thereof , was served little better ; for his Hatt was invisibly conveyed away , and the Pan of a Close-stool which stood in the next room , put on instead thereof ; A modest young Gentlewoman which did sit at the Table at that time , on no other errand but to see this young witch which was so much talked of ; looking on these two worthy spectacles of laughter , endeavoured all she could to refrain laughing , but could not , and withal continued farting for above a quarter of an bour ; this made them all laugh so extreamly that the Master of the house was alarum'd ( below ) therewith , and being desirous to share with his Guests in their mirth , came running up stairs as fast as his legs would carry him , about to enter the door , he could not , and no wonder , since the oldest man living , never saw a larger pair of horns then he had on his head : Whilst they were gazeing one on another as more then half distracted , they were all reduced to the same condition they were in before ; after which there followed a noise , as if an hundred persons were laughing together , but nothing at all was seen . These persons fearing something worse might befal them if they staid any longer , made all the hast they could to be gone : Agatha knowing their intent resolved to take her farwel of them by serving them one trick more , which was thus ; As they were about to mount on Horse-back , they were pelted with rotten Apples , Dung , and stuff that smelt worse then can be imagined . As they rid through the Town , such men as thought they rid singly , were all observed to have behind them a deformed old Woman ; and as their Faces differ'd all one from another , so did their habits , which were all tatter'd and ragged , and patcht with a hundred colours , fear , shame , and the hooting of the people , made them put spurs to their Horses , neither did they forbear the switch , nor any thing that might add speed to their Horses heels , so that it may be said , they rather flew then rode ; how could it be otherwise ? for needs must he go whom the Devil drives . Coming home , they declare what wonderful things they had seen performed , though by a young one , yet as they believed the greatest witch in the world : this news being so generally spred , came at length to the ear of the Iustices , who now thought it high-time to question and bring into examination a person that was so much talked of , and might , if let alone , do a great deal of mischief . CHAP. III How Agatha Shipton was apprehended and brought before a Justice ; what her Confession was , her Mittimus being made to be sent to Prison ; how she escaped by the help of her friend , the Fiend ; she is retaken , and being found with Child , is bail'd . Agatha is now no longer suspected , but plainly known to be a witch , doing something or other daily which was very remarkable ; she hath been frequently observed to walk alone muttering to her self , and having been watcht by some , they have seen her stamp upon the ground thrice , then wound her hands over her head , lastly , she spake one word thrice , and in the twinkling of an eye , the sky hath been dark and gloomy , though clear before , which belcht out nothing for half an hour but flames , thundring after a most hideous manner . But now the time draws on , wherein she must give an account for what she hath done , and in order thereunto , she is apprehended by two resolute fellows , who were not a whit daunted when they entred the house , though Toads , Adders , and such like noisome creatures crawled up and down the house , but could not chuse but be much startled when they seiz'd her and were carrying her , to hear such a terrible crack of thunder , the house at that time reeling too and fro like a Cradle . However they carryed her before the Iustice , where being brought , she was strictly examined by him ; she not a jot daunted , told him that she had more authority then he , and that notwithstanding his power , she could command one that could over-rule him when he list ; That she was a Princess , and could have at her beck a thousand Spirits of the Air , and as many of the Earth and Water ; That she could raise a Tempest presently , that should overturn his house about his ears ; and that you may know , it lies not in your power to detain me , three words shall procure my liberty : hereupon she said Updraxi , call Stygicon Helluox , she had not scarce uttered the last word , before there came in a horrid winged-Dragon , which immediately took her up , and carried her away from the amazed Iustice and Attendants about him , half dead with fear . This so affrighted all that heard of it , that none would undertake to meddle with her more ; so that she had a constderable time of respire . But she now began to be more admired than before , being discovered by the great swelling of her Belly , to be with Child : The people could not tell what to think , or who should be the Father , concluding that none would be so vile and wicked , as to have Copulation with a Devil incarnate ; neither could they believe a Spirit had either desire or power , to generate with any humane Creature ; while people were generally passing their verdicts on Agatha , she was once more taken and brought before a Iustice , and amongst other questions , was asked , whether she was with Child , she acknowledged it ; nay further , that it was begot by no mortal Wight : The Iustice gave no credit to what she said , as looking on her as an ignorant seduced Woman ; and so askt her what Bail she could produce , intending to deferr the business till she was Delivered ; in this very nick of time two Gentlemen as they appeared by their habits , voluntarily proffered themselves , which as soon as accepted for Baile , vanish't presently , however Agatha had permission to go home . CHAP. IV. What kind of shape Mother Shipton had when she was born : How she was put to Nurse at the charge of the Parish ; and what strange things were seen in that House where she was Nurst , during the time of four years . THe usual time of forty weeks being expired , her Mother , after many strange and horrible Torments which she underwent in her Travil , was at last delivered ( by the rare skill and industry of her Midwife , and others of that Sir ) of her which is now called , Mother Shipton , which proved the conclusion of her miserable Life . But her entry into the world was such a terror to all that beheld her , that several credible persons then present , have several times confest that they never beheld the like : Such strange and horrible noises , that the persons concern'd about her , could scarce find so much courage in themselves as to continue in the place where she was , much less when they beheld the strange and unparrallel'd Phistognomy of the Child , which was so mishapen , that it is altogether impossible to express it fully in words , or the most ingennous to Limn her in colours , though many persons of eminent qualifications in that Art have often attempted it , but without any success ; therefore according to the best observations of her , take this true , though not full account of her features , and body : she was of an indifferent height , but very morose and big hon'd , her head very long , with very great goggling , but sharp and fiery Eyes , her Nose of an incredible and unproportionable length , having in it many crooks and turnings , adorned with many strange Pimples of divers colours , as Red , Blew and mixt , which like Uapours of Brimstone gave such a lustre to her affrighted spectators in the dead time of the Night , that one of them confessed several times in my hearing , that her Nurse needed no other light to assist her , in the performance of her duty : Her Cheeks were of a black swarthy complexion , much like a mixture of the Black and yellow jaundies ; wrinckled , shrivelled and very hollow ; insomuch , that as the Ribs of her Body , so she impression of her teeth were easily to be discerned , through both sides of her face , answering one side to the other , like the notches in a Ualley , excepting only two of them which stood quite out of her mouth , in imitation of the Lushes of a wild Bore , or the Tooth of an Elephant , a thing so strange in an Infant , that no age can parallel : Her Chin was of the same Completion as her Face , turning up towards her mouth , and shreeks being heard , from an unknown cause , as if there had been a more than an ordinary correspondence between her Teeth and it . Her Neck so strangely distorted , that her right shoulder was forced to be a supporter to her head , it being propt up by the help of her Chin , in such sort , that the right side of her Body stood much lower than the left ; like the reeling of a Ship that sails with a side winde . Again , her left side was quite turned the contrary way , as if her Body had been screw'd together piece after piece ; and not rightly placed : her left shoulder hanging just Perpendicular to her Fundament . Her Leggs very crooked and mishapen : The Toes of her feet looking towards her left side ; so that it was very hard for any person ( could she have stood up ) to guess which road she intended to stear her course ; because she never could look that way she resolved to go . After she had remained under the care of her Nurse , for the space of a Moon , or there abouts , her Mother being unable to provide for her , she was put out to Nurse at the charge of the Parish , to a poor Woman hard by in the Town , where she continued for the space of half a year or there abouts , the house not being any waies disturbed at all , till at last her Nurse having been abroad amongst some of the chief of the Parishoners , either to procure something of their Charity for her subsistance , and the maintainance of her Family , or else to fetch her money from the Overseers of the Poor , for Nursing the Child ; and returning home to her House , she found her dores unbard and wide open , whereat she much amazed and affcighted , ran to her next Neighbour , and acquainted her that she was quite undone , for her house was broken open and robbed ; the man immediately riseth from his Dinner , carrying his bread and Cheese in his hand , accompanied with his Wise and another labring man ; approaching the door , endeavoured to enter , but before they could all get quite in , there was immediately a very strange noise heard in the next Room to them as if it had been a consort of Catts , which so affrighted them , that they all ran towards the door endeavouring to get out again but it was in vain ; for at their approach there were great long yoaks about their Necks , in the form of a Cross , or turned stile ; so that they could not possibly return ; and while they were thus striving and crying out for help ; their yoaks at last fell off , and a cou●e-staff , or Brewers-sting laid upon the mens shoulders ; upon which an old Woman presented her self Naked , some times hanging by the Heels , some times by the Toes , anon by the Middle ; with divers other postures , they continuing for the space of half an hour , in such sort , that the poor men were never more tired in clearing of Leggs , nor less pleased at any thing than in being constrained to humour this peice of hellish activity . After they had got a discharge from this their new employment , the house being now quiet , and they a little recovered their sences and missing the women , they ran further into the house , where at last they found them lying flat upon their bellies , their clothes being turned backwards over their heads , two great black Catts were playing Hocus Pocus upon their posters , which the men in vain attempted to drive away , untill at last their own stavery procured the womens freedom from that employment , though they changed not much for the better , for as they were coming out of that Room , in the next their stood a pair of Yarwingles , made in the form of a Cross , uppon which women use to put great skains of Yarn , that so they may wind it off with more case and less trouble : These being placed in the middle of the Room , the two men and two women were forced to take the four ends the e●f in their hand , and so daunce round about the Room one after another , until such time as they were almost tired to death , carrying upon every one of their shoulders an Imp in the likeness of a Monkey or Ape , which hung close upon them ; and when ever they stackned their pace , these Spirits pricked them forward , continuing this recreation for a very considerable time ; and being cloy'd with this kind of diversion , they vanished quite out of fight , leaving these poor wretches as weary , as astonished ; who ( notwithstanding ) no sooner perceived themselves at liberty but they presently quitted the house , and soon after addressed themselves to several of the Neighbourhood , acquainting them with what bad happened , which caused great amazement amongst them , and immediately the whose Town was in an uproar ; and the Minister and several of the most eminent Inhabitants , consulted together what the occasion thereof should be , and what to do in the bussness , some of them threatning the informers ; others thinking they were distracted : But at last they resolved to go to the House ; yet when they came near , there arose a great dispute amongst them who should first enter , which at last was agreed upon , and the Parson ( with his congregation attending him in the rear ; ) gave them the first onset , and entring the door quivering and shaking , they heard the Nurse-Child cry in a most hideous and doleful manner ; whereupon there was suddenly a noise like the treading of people upon stones , though the house in any place had no other then an earthen floor ; at which the Child ceased , and a very sweet musical harmony of several notes was heard , and all presently banished again : after which the Minister and Inhabitants entring , and searching the House , and at length missing the Child one of them looking up the Chimney , saw the Cradle wonderfully hanging about three yards high without any support ; which being as strangly conveyed down again : they encouraged the Nurse , and leaving her in the House ( though affrighted ) they departed for the present . CHAP. V. How Mother Shipton whilst but very young at Nurse , was daily Visited by Spirits , in divers Shapes and Forms ; and what prancks they play'd during her abode there . MOther Shipton now grew a pace , and as her stature encreased , so did her deformity : Her supposed Father ( the foul fiend ) omitted not a day wherein he visited not the House where she was , sometimes visibly in the form of a Cat , Dog , Bat , or Hog ; at other times , invisibly by noises , so terrible , as it so affrighted the Nurse , that she oftentimes resolved to deliver up her charge , and forsake her habitation ; sometimes she came in a pleasant humour , either singing or playing on an Instrument , which was usually a Scotch Bag-pipe . Her Nurse sometimes was in great perplexity , not knowing what was become of her , for an whole day together ; but when she was in her greatest search after her , she saw her oftentimes drop through the Roof of the House : Going out , upon her return , she many times found her Child stretcht out to a prodigious length , caller than the tallest living ; and at other times as much decreast or shortned . The poor womans work for the Maior part , was only to rectifie what these Spirits disordered about her House ; the Chairs and Stools would frequently march up stairs and down , and they usually plaid below at Bowls with the Trenchers and dishes : Going to dinner , the meat was removed before she could touch a bit of it , which things , as they much troubled the Nurse , so they gave much satisfaction to Mother Shipton ; as it appeared by her monstrous smiles : Now and then to pacifie her Nurse , when she saw her much vext hereat , she would say , be contented there is nothing here will harm you . To be short , the Nurse was so continually terrified by these apparitions , that she resolved to complain to the parrish ; and having made known the truth of what had past , in commiseration to the woman almost distracted , they removed Mother Shipton to another place , where she was put to School , being of an age now fitting for it . CHAP. VI. How Mother Shipton was put to School , learning more in a day , then other Children in a Moneth : How she was jeered by her School-fellows , for having such a monstrous long Nose : and what pranks she plaid upon them , by way of Revenge ; growing now very famous . MOther Shipton was now grown a lusty Girl ; and as she was left to the care of the Parish , so the Parish took care that she should have the common sort of Learning ; that is to say , Reading and Writing bestowed upon her . Comming to School , her Mistriss began to instruct her , as other Children , beginning with the Cris-cross-row as they call'd it , showing and naming only three or four Letters at first , but to the amazement and astonishment of her Mistris ; she exactly pronourced every Letter in the Alphabet without teaching . Hereupon her Mistris , shewed her a Primmer , which she read as well at first sight , as any in the School , and so proceeded in any Book was shown her . As this produced wonder in her School-Mistris , so hatred and enby in her Comrades ; some flouted her for her monstrous long Nose , others endevoured to heat her , and all strove to mischief her ; but she valued them not , revenging her self upon every one of them , that intended her harm . Some were pinch't , and yet no hand seen that did it ; others struck speechless when they were about to say their Lessons , not being able to utter a word ; and none escaped from being served one scurby trick , or other . This so inraged the Parents of these Children , looking on Mother Shipton the sole cause hereof ; that she was discharged the School , and so lest to the wide World. She hath been often seen when alone , to laugh hartily ; at other times to talk by her self , uttering very strange riddles , which occasioned some of the more sober sort to converse with her , receiving such strange things from her , as required a long study to find out the meaning . Never a day passed , wherein she related not something very remarkable , and required the most serious consideration . And now it was that people flockt to her far and near , ( her fame was so great ) to be resolved of their Doubts , all returning wonderfully satisfied in the Resolution of their questions . CHAP. VII . How several persons came to Mother Shipton , for her Predictions , and how a Rich Heire being deceived by her Maid , fell sick of Grief , and dyed . ANd now Mother Shipton beginning to grow Famous in the World , for her notable Iudgment in things to come : There reforted to her House a number of people , of all sorts , both old and young , rich and poor ; Especially , of the Female Sex viz. Young Maids and Wenches , who have alwaies a great Itching desire to know when they shall be Married ; as also , what manner of Husbands they shall have ; to which she gave such satisfactory answers , both for the Persons , and time ; that no sooner could a young Maid get into the Teens , but She would presently Trott to Mother Shiptons , to be resolved of her doubt . Now though she were not Mercenary her self , but refused great Gifts , when proffered unto her ; yet did she keep a young Wench , who rather then fail , if they forgot to open their purse to her she would remember to open her mouth to them , and tell them , that her Dame Shipton , nor she , could not be maintained with thanks , but that the belly required meat to feed it : and that it was money which made the Mare to go . One day there came a certain young Heir thither , whose Father was sick , to be resolved by her , whether he should live or die ; but Mother Shipton could by no means be wrought upon to tell him any thing ; whereupon he proffered the Maid great store of Money , if she could by any means perswade her Dame , to fulfil his request ; the Wench greedy of Money , promised him fair ; and that if he would come the next Morning , he should be certain to be resolved ; in the mean time , she importuned her Dame with the most cunning Rhetorick that she could invent ; but she was deaf to all entreaties , and would by no means be induced thereto , whereupon the Wench resolved with her self , rather than to lose the money , to give him an answer of her own intention ; which the next morning she performed in these words . The Grave prepared hath a Room , Prepare for Death , thy hour is Come . The young Gentleman having received this answer , went home joyfully , hoping presently to reap the Golden Crop which his Father had sown , and to be in an instant , possessed of all his vast estate , but the sequel proved quite contrary ; for by that time he came home , great hopes of amendment appeared in his Father , who each day grew better and better , so that in a short time he became perfectly well . This unexpected recovery of the old man , struck such a dump in our young Heir , that he presently took his Bed , fell extream sick , and in a short time grew extraordinary ill , that all the symptoms of a dying man appeared in him : The old man , who had carked and cared all his life time for his Son , ( having no more Children but he ) was very desious of his life , and to know whether be should recover ; whereupon he sent to Mother Shipton about the same ; who knowing by her Art , what her Maid bad done , sufficiently did chide her for the same : threatning upon such another offence , to turn her out of her service . In the mean time , the Messenger was come to her House , who having delivered his errant , was turned back with this answer . For others Deaths who do gape out , Their own unlook't for , comes about : Earth he did seek , e're long shall have , Of Earth his fill , within his Grave . The old man having received this answer , was much troubled , as thinking his own Death predicted thereby , not imagining in the least , what his Son had done ; but he was soon quit of that suspicion , for within two daies the young man dyed ; when by a Servant ( who knew the passages ) he was informed the truth of the whole matter . CHAP. VIII . Mother Shipsons Prophecies concerning King Henry the Eighth's journey into France ; of Cardinal Wolsey , and other things . ABout this time , some differences arising betwixt King Henry the Eighth , and the French King ; great preparations of War were made in England , the Drums beating in every County , to summon Voluntary Valour to express it self , indefence of their King and Country , Many Heroick Spirits , who made Honour their Aime , not dreading any dangers for the attaining thereof , now listed themselves Bellona's followers : so many appearing under Mars his Banner , that he who was furnished with Limbs and an Estate , to decline the Service , was adjudged a Coward . There was then living in the North , a young Heir , who was newly come to his Estate , one whose Tongue was all fire , and his heart all ire , who would kill Thousands with words , but durst not adventure to do any thing in deeds . This Gallant being by some of his Equals , pricked on to make his appearance in the fields of Mars , and not to lie sleeping at home , when Fame Summoned him forth to Action , he knew not what to do in this case ; loath was he to lose his loved Life , and yet the aspersion of a Coward , though to a Coward himself , is of all things most odious ? He therefore promised them fair ; that none should be more willing then he , to to spend his blood in the quarrel of that Country , from whence he received his dearest life ; but yet resolved with himself , not to set one step forward in that path of danger , till he had first consulted with Mother Shipton , concerning what success he should have in his journey ; if bad , be was resolved by a feigned sickness to evade , thinking it no policy for a man to part away with that life in an instant , which with great cost and care , had been many years in bringing up . Hereupon he basts to our Northern Propheress , acquaints her with his Condition , and very earnestly desires of her ( as she to whom nothing was unhid ) that she would unfold to him whether-good , or bad fortune should be his attendant , in this his Expedition . Mother Shipton though she perceived his sheepless courage to be every way unanswerable to that of a Souldier , yet foreknowing what would come to pass , returned him this answer ; which without more ado , fully satisfied him to proceed , and perform what be had promised ; the answer was this . When the English Lyon shall set his paw on the Galligue shore , then shall the Lillies begin to drop for fear : There shall be much weeping and wailing amongst the Ladies of that Country ; because the Princely Eagle shall joyn with the Lyon , to tread down all that shall oppose them : and though many Sagitaries shall appear in defence of the Lillies , yet shall they not prevaile ; because the dull Animal of the North shall put them to Confusion ; and though it be against his will , yet shall cause great shame unto them . Now shall the Mitred Pearock first begin to Plume , whose Train shall make a great show in the World , for a time ; but shall afterwards vanish away , and his great Honour come to nothing ; which shall take its end at Kingston . The Explanation of the Prophecy . By the English Lyon was meant the King of England ; and by setting his Paw on the Gallique shore , the Landing of his Army in France , which not long after he did ; by the Lillies beginning to drop for fear , was signified the great trouble and perplexity of the French , the Lillies being the Arms of France ; the weeping and wailing amongst the Ladies of that Country , denotes the miseries and destructions incident to War , the Sword , Famine , Destruction and Desolation being inseparable Companions ; by the Princely Eagle joyning with the Lyon , and treading down all that should oppose them , is meant Maximilian the German Emperor ( whose Arms were the Eagle ) who not only joyned in Amity with King Henry , but also took wages of him , and served him in his Wars as an hired Souldier ; by the Sagitaries that appeared in defence of the Lillies , was meant the French Cavalry , the chief strength of France , consisting of Horse-men , who appearing like Sagitaries , that is to say , half Men , and half Horses , gave Mother Shipton to use that expression ; whereas it is said , yet they should not prevail , it fell out so accordingly ; for notwithstanding all the oppositions of the French Armies , King Henry proceeded on vigorously , conquering and taking several Towns of importance , as Tourmey , Bulloign , &c. But to come to that which most nearly concerns the matter , viz. the success of our young Heir , in this expedition , which was hinted forth unto him in these words , because the dull Animal of the North shall put them to Confusion ; and though it be against his will , yet shall cause great shame unto them ; by the dull Animal of the North , was meant this fresh water Souldier , who according to the Prophecy , put the Frenchmen to confusion , and great shame ; for passing the Seas with King Henry , being Mounted on a stately Horse , as both Armies confronted each other , he being in the Head of the Battel , just before the Charge , some body striking his Horse , the Iade carried him perforce upon the Enemy , with such violence , as put their front into some disorder , which being perceived by our men , they presently so seconded him , that in fine , the French very fairely ran away , leaving the English a glorious victory , purchased with a little cost . By this means was Mother Shiptons Prediction fulfilled to the disgrace of the French , and great praise of the young Gallant ; for the rest of the Prophecy , the Interpretation thereof runs thus . By the Mitred Peacock was intended Cardinal Wolsey , signified by that Bird , because of his great Pride , who being but a poor Butlers son of Ipswich in Suffolk , grew to such height , that he thought himself Superior to she chief Novies of the Land , living in such splendor as not to be parallel'd , according to the Prophecy : Whose Train shall make a great show in the World , and whereas it is said , the Peacock shall then begin to Plume , so it was , that when King Henry had taken the City of Tourney , in France he made Wolsey Bishop thereof , who soon after rose to the highest degree of Honour a Subject could be capable of , which afterwards ( as the Prophecy saies ) vanished away , and his great Honour come to nothing : And lastly , whereas it is said , be should have his end at Kingstone ; the Cardinal being told of this Prophecy , would never pass through the Town of Kingstone , though lying directly in the Road , from his own House to the Court , but afterwards being arrested of High Treason , by the Earl of Northumberland and Sir Anthony Kingston the Lieutenant of the Tower sent unto him , his very name ( remembring this Prophesie ) struck such a terror to his heart , that he soon after expired . CHAP. IX . Her Prophecy to the Abbot of Beverly , concerning the downfal of Abbeys , Nunneries , Priories , &c. with other things . MOther Shiptons Prediction● coming thus effectually to pass , spread her Fame far wider than it was ; insomuch , that many who before looked upon her as a crackt-brain'd Woman , now began to admire her , and to esteem of her words as Oracles . And as the nature of English people is , rather to destre to know what is to come , than to seek to rectifie ought what is done amiss ; so the greatest part of her disitants , came only to be resolved , of what she knew , would come to pass , of which number was the Abbot of Beverly , who fearing the downfal of Religious Houses , and a change of the Religion then professed , putting on the counterfeit Cloaths of a Lay-person , he came to Mother Shiptons , and knocking at the door , she being within , called to him , and said , come in Mr. Abbot , for you are not so much disguised , but the For may be seen through the Sheeps skin ; it is not those Cloaths makes you a Lay-person , no more than a Long-Town , makes a man a Lawyer ; come , take a stool and sit down , for you shall not go away unsatisfied of what you destre , and thereupon she began to utter forth her Prophecys in this sort . When the Cow doth ride the Bull , Then Priest beware thy Soul. And when the lower Shrubs do fall , The great Trees quickly follow shall . The Miter'd Peacocks lofty Pride . Shall to his Master be a Guide . And one great Court to pass shall bring , What was neer done by any King. The Poor shall Grieve , to see that Day , And who did Feast , must Fast and Pray . Fate so Decreed their Overthrow , Riches brought Pride , and Pride brought Woe . These Prophesies were thus Explained ; by the Cow was meant King Henry , who gave the same , by reason of the Earldom of Richmond , which was his Inheritance : and the Bull betokeneth Mrs. Anne Bulloign , whome the King took to Wife , in the room of Queen Catharine , her Father gave the Black Bulls head in his Cognizance , and was his Beast ; and when the King had married Queen Anne , then was fulfilled the second line of the Prophecy , viz. Then Priest beware thy Scul ; for what a number of Priests Religious and Secular , lost their heads for offending of those Laws made to bring this matter to pass . And when the Lower Shrubs do fall , The great Trees quickly follow shall . The Miter'd Peacocks lofty pride . Shall to his Master be a Guide . Cardinal Wolsey ( who is here intended by the Miter'd Peacock ) in the height of his Pride , and vastness of his undertakings , intending to erect two fair Colledges , one at Ipswich where he was born , the other at Oxford where he was bred ; and finding himself unable to endow them at his own Charges ; be obtained License of Pope Clement the Seventh , Anno 1525 , to suppress forty small Monasteries in England , and to lay their old Lands to his new Foundations , which was done accordingly ; and the poor People that lived in them , turned out of doors , many of the Clergy were very much against this action of Wolseys , especially , John Fisher Bishop of Rochester , alledging for the same an Apologue out of Aesop , that the Iron Head of the Axe , craved a handle of the Wood of Oaks , only to cut off the seere boughs of the Tree ; but when it was a compleat instrumental Axe , it felled all the Wood : applying it , That the suppressing of those smaller Houses , would in fine , prove Destructive to all the rest ; which came to pass accordingly ; for King Henry seeing the Cardinals power to extend so far ; as to suppress these lower Shrubs , be thought his Prerogative might stretch so far , as to fell down the Great Trees ; and soon after dissolved the Priory of Christ's Church nigh Aldgate in London , now known by the Name of Dukes-place , and which was the richest in Lands , and Ornaments of all the Priories in London , or Middlesex ; and which was a fore-runner of the Dissolution of all the rest ; and which not long after came to pass . And one great Court to pass shall bring , What was ne're done by any King. By the Great Court , is meant the Parliament , the Supreamest Court of England ; who in the Twenty seventh of King Henry's Reign , Anno 1539. To support the Kings States , and supply his wants , contented on the Crown , all Religious Houses , which were not able clearly to expend above two hundred pounds a year ; the great ones not long after following the same fortune of the smaller , which was ne're done ( though attempted ) by any King before . The Poor shall Grieve to see that day . The Abbots and Priors being most bountiful House-keepers , relieving all comers and goers , got themselves much reputation for their Hospitality . And who did Feast , must Fast and Pray . By the Dissolution of these Houses , many thousands were driven to seek their fortunes in the wide World , and become utterly exposed to want , when Monkish profession was without possession ; many a young Nun proved an old Beggar , and were forced to fast for want of Victuals , who formerly had it provided for them , to their hands . Fate so Decreed their overthrow , Riches brought Pride , and Pride brought woe . The great Riches and Pride of the Monks and Eryers was ( no doubt ) the main cause of their overthrow ; for whatsoever was the pretence , questionless profit was the Rope which pulled these Religious Houses down . All these things coming to pass before such time as this Abbot died , caused him to have a great esteem of Mother Shipton , and to value her Prophecys more than ordinary conjectures ; though at the first , he could not tell what to make of her Ambiguous Lines , which like the Oracles , formerly delivered at Delphos ? rather brought one into a Labyrinth of confused conjectures , then satisfied the expectation , until by the Clue of Time , the Riddles were manifest , and that which at first seemed so hard , now appeared to the understanding , as easie : However , be at present kindly thanked Mother Shipton , and liverally rewarded her Maid ( who else would have put him in mind of his neglect ) much admiring that she should be so clear-sighted , as to see through his counterfeit Dress ; resolving afterwards to be more informed by her , concerning future events ; be at that time took his solemn leave of her , and returned home . CHAP. X. Her Prophecys concerning King Edward the Sixth : The Rebellion of the Commons : The Death of the Duke of Somerset , with other things . NOt long had the Abbot been at home , but his Abby was visited by some Instruments employed by the Lord Cromwel for that purpose . He who knew what was intended by this Complement , thought it not safe to strive against the Stream , and therefore quietly surrendred his Monastary , into the Kings hands . And now perceiving Mother Shiptons Prophecy plainly fulfiled , in the downful of those Houses , which were judged Impregnable , against all the assaults of Malice and time ; Considering the strange Revolutions of so short a space : he was very desirous to be more fully informed of the future . In this Resolution be repairs again to Mother Shiptons , whom he now accosts more familiarly , than he did before , making himself plainly known unto her ; telling her that as what she had formerly spoken , he had found to be true in the event ; so his Iudgment perswaded him , she was not ignorant of those things which were for the future to ensue ; and therefore desired her , she would not be nice in imparting of this her fore-knowledg unto him ; for which so great favour , though it were more than his deserts could command , yet should there never in him be wanting a grateful tongue to acknowledge , and a grateful heart to be thankful unto her , for so great a favour . Mr. Abbot ( said she ) leave off Complementing , as more fit for Courtiers , and Lovers , and not agreeable to an old Woman , who will neither flatter , nor be flattered by any : and for what you came about , I shall not be squeamish to fulfil your request , let me therefore desire you , to lend me your attention , and thereupon ( after some short pause ) she thus began . A Prince that never shall be Born , Shall make the Shaved Heads forlorn . Then shall Commons rise in Armes , And Womens Malice cause much harmes . O deadly Pride ! O hateful Strife ! Brothers to seek each others Life . Ambition shall so deadly spread , The Griffin fierce shall lose his Head. Soon after shall the Lyon die , And mildness usher Cruelty . These ten lines being prophecies of the Actions in King Edwards Reign ; for the Readers benefit ; ( before we proceed any further in her Predictions , ) we will unfold the meaning of them by themselves , that we may not too much burthen their memory ; but by variety add a pleasure to the reading of them . A Prince that never shall be born . Shall make the Shaved Heads forlorn . By the Prince that never shall be born is meant King Edward the Sixth , of whom all reports do constantly run , that be was not by Natural Passage delivered into the World , but that his Mothers Body was opened for his Birth , that she died of the Incision the fourth day following ; and by the Shaved Heads , is understood the Monks , Fryers , &c. who are said to be become forlorn : the Reformation beginning , with the beginning of King Edwards Reign : and the Popes Priests put down , as his Supremacy was before , Then shall commons rise in Armes . King Edward having set out certain Injunctions , for the Reformation of Religion , as the Commissioners passed to divers places for the establishing of them , many scorns were cast upon them , and the farther they went from London , as the people were more uncivil , so did they more rise into insolency and contempt ; for in Cornwal , the Commons flocked together , having killed one of the commissioners ; and albeit Iustice was done upon the offenders , the principal of them being Executed in several places , yet could not their boldness be beaten down with their severity , but that the mischief spread farther , in Wiltshire , and Somerset-shire , where the people supposeing that a Common-wealth could not stand without Commons beat down Inclosures , and said Parks , and Fields Champion . The like Commotions followed in Sussex , Hamp-shire , Kent , Glocester-shire , Warwickshire , Essex , Hartford-shire , Lecester-shire , Worcester-shire , and Rutland-shire . but the greatest of all , was in Devon-shire and Norfolk : the one Headed by Henry Arundel Esquire , Governour of the Mount in Cornwal , the other by Robert Ket a Tanner of Windham in Norfolk : Those of Devon-shire , were accounted above ten thousand , who with a close and smart Siege , Surrounded the City of Exeter , which they brought to extream misery , having a potent Foe abroad , and Famine sorely rageing within ; insomuch , as they were fain to bake Bran and Meal moulded up in Clothes , for otherwise it would not stick together ; at last the Rebels were routed from thence ; by the Lord Privy Seal , with the loss of a Thousand of their Number , and soon after totally routed , at a place called Clift-heath . These of Norfolk , were judged to be more dangerous ; both because their strength was great , being estimated to be above Twenty Thousand ; as also the City of Norwich was a friend unto them , or at least wished them no harm : This rude rout Encamped on Monshold-hill , a place Impregnable in some sort , being neer to Norwich ; against whom was sent the Marquess of Northampton , and afterwards the Carl of Warwick , who made many Sallies upon the Rebels with various success ; had the Rebels kept in this Fort , they might have tired out the Earl , his Horse being useless against them ; but they relying on an old prophecy , came down into Dassin Dale and quitted the Fort : the words of the prophecy were these . The Country Knuffs , Hob , Dic , and Hic , With Clubs , and Clouted Shone , Shall fill up Dassin-Dale with Blood , Of slaughtred Bodies soon . Which they Interpreted to be of their Enemies Bodies , though it proved of their own ; for the Earl setting upon them , after a stout resistance , they were overcome , two thousand stain upon the place ; Ret with his Brother and nine others Executed ; the rest taken unto mercy . And Womens malice cause much Harms . Lamentable was the effects occasioned by the malice of two Women in this Kings Reign , which that you may the better understand , we shall declare the Original grounds thereof . The King had two Unkles , Brothers to Queen Jane his deceased Mother , Edward Duke of Somerset , Lord Protector , &c. and Thomas Lord Seymor Baron of Sudly , High Admiral of England : The Lord Sudly , had taken to Wife Katherine Parr , Queen Dowager , last Wife to King Henry the Eighth . The Duke had Married the Lady Ann Stanhope , a Woman for many Imperfections intollerable ; This Woman did bare such invincible bate , first against the Queen Dowager for light causes , and Womens quartels ; especially , for that she had Precedency of place before her ; that albeit , the Queen Dowager dyed by Child-birth , yet would not her malice either die , or decrease , but hated the Lord Sudly , for her sake ; and left buzzing fears and jealousses in her Husbands Pate , ( who was of an easie belief ) that within few days the Lord Sudley was arrested and sent to the Tower , and in very short time after Condemned by Act of Parliament ; and within few days after his Condemnation , a Warrant was sent , under the hand of his Brother the Duke , whereby his Head was delivered to the Axe ; which verified what was before predicted : O deadly Pride ! O hateful Strife ! Brothers to seek each others Life . O Wives ! the most sweetest Poyson , the most destred Evil in the World ! certainly . as it is true , as Syracides faith , that there is no Malice to the Malice of a Woman : so no Mischief wanteth , where a Malicious Woman beareth sway ; a Woman was first given to Man for a Comforter , but not for a Counseller , much less a Controler and Director ; and therefore , in the first sentence against Man , the cause is exprest , Because thou obeyest the voice of thy Wife . And doubtless the Protector , by being thus ruled to the Death of his Brother , seemed with his left hand to have cut off his right ; for hereby he left himself now unguarded from the Malice of his Enemies , the Earl of Warwick , etc. who being ambitious of ingrossing all power into his own hands , soon wrought the confusion of the Duke , as it follows in the Prophecy . Ambition shall so deadly spread , The Griffin fierce shall lose his Head. For the Earl of Warwick espying opportunity , shewing himself , and knowing , that in troublesome times , the obedience of great persons is most easily shaken , drew about eighteen of the Privy Council to knit with him against the Lord Protector : These he did , to wind up his purpose , that they withdrew from the Court , fell to private Consultations , and so ordered the matter , that at length they brought the Protector upon the Scaffold , wherein fine he had his Head cut off , figured here by the name of the Griffin . Soon after shall the Lyon die , And Mildness Usher Cruelty . By the Lyon is meant King Edward , who survived his Unkie the Duke of Somerset , nor above two years grief for his death ( as it is generally conceived ) bringing him into a Consumption , though some have reported him to be poysoned ; soon after his death Mass and Popery was restored again by Queen Mary , for which cause many afterwards fryed in the flames , berifying the last verse . And Mildness Usher Cruelty . CHAP. XI . Her Prophecys concerning the Death of Lady Iane Grey ; the burning of the Martyrs ; of Wyats Rebellion ; the Death of Queen Mary ; and of Cardinal Pool . BY Parents too ambitious Pride , The Scaffold shall with Blood be Di'de . A Vertuous Lady then shall die , For being raised up too High. Her death shall cause anothers joy , Who will the Kingdom much anoy . Miters shall rise , Miters come down , And streams of Blood shall Smithfield drown . England shall joyn in League with Spain , Which some to hinder strive in vain . The Lyoness from Life retires , And Pontificial Priest expires . This Prophery is peruliarly applyed to the Reign of Queen Mary , and may be interpreted after this manner . By Parents too ambitious Pride , The Scaffold shall with Blood be Di'de . This is meant by the Lady Jane Grey daughter to the Duke of Suffolk , who having Married the Lord Gilford Dudly , Son to the Duke of Northumberland , the ambition of Northumberland was so great , that be practised much on King Edwards tender years , who now was much weakned with sickness , that excluding his two Sisters , the Lady Mary , and Lady Elizabeth , He conveyed the Crown to the Lady Jane , by that which we may call the Testament of King Edward , and the Will of the Duke of Northumberland . But the Commons taking part with the Lady Mary , notwithstanding , the Duke went with great forces against her , yet his Souldiers differting him , he was forced to tach about , and with an unwilling mind Proclaim her Dueen , whom in his heart be hated above all others . A Vertuous Lady then shall die , For being raised up too high . The Lady Jane Grey , who out of dutifulness to her Parents , assuming the Title of Queen upon her , for her offence , lost her head : This Lady Jane was a woman of most rare and incomparable perfections ; for besides her excellent beauty , adorned with all bariety of bertues , as a clear sky with Stars , as a princely Diadem with Iewels ; she was the mirror of her time , for her Religion and Education in the knowledg of the Liveral Sciences , and skill in Languages , for in Thealogy , in Phylosophy , in all the Liveral Arts , in the Latine and Greek Longues , and in the Vulgar Languages of divers near Nations , she far exceeded all of her Sex , and every one of her years . Her Death shall cause anothers joy , Who will the Kingdom much anoy . The Death of the Lady Jane was supposed to be a rejoycing to Queen Mary , and who by restoring Popery , and the Persecutions that the Professors of the Gospel suffered in her time , is said to bring the Kingdome to anoy . Miters shall rise , Miters come down , And streams of Blood shall Smithfield drown . By the Miters are meant the Bishops , who in the Change of Religion found great Change ; very few of them keeping their Seats wherein they had been seated by King Edward the sixth , the names of the Bishops thus put down , were these , Cranmer Arch Bishop of Canterbury , Ridly Bishop of London , Poynet Bishop of Winchester , Holgate Arch-Bishop of York , Bush Bishop of Bristol , Bird Bishop of Chester , Hoopen Bishop of Worcester and Glocester , Barlo Bishop of Bath and Wells , Scory Bishop of Chichester , Ferrar Bishop of St. Davids , Coverdale Bishop of Exeter , Taylor Bishop of Lincoln , and Harley Bishop of Hereford ; in the room of these Bishops thus put down , several Bishops were raised , as Cardinal Pool made Arch-Bishop of Canterbury , Bonner Bishop of London , Gardiner Bishop of Winchester , Heath Arch-Bishop of York , Holeman Bishop of Bristol , Gotes Bishop of Chester , Brook Bishop of Glocester , Pates Bishop of Worcester , Bourn Bishop of Bath and Wells ; Christopherson Bishop of Chichester , Morgan Bishop of St. Davids , Turbervile Bishop of Exeter , White Bishop of Lincoln , and Parfew Bishop of Hereford . And streams of Blood shall Smithfield drown . Great was the number of Martyrs burned in Smithfield in this Queens Reign , under the Bloody bands of Bonner Bishop of London , and Dr. Story Dean of St. Pauls ; the first persecuting by wholesale , the second by retail ; the names of all those who in this place thus restified their Faith by the loss of their Lives , would be too long here to recite : the chief of them were , Mr. John Rogers , Mr. John Bradford , Mr. Robert Glover , &c. England shall joyn in League with Spain , Which some to hinder strive in vain . Queen Mary intending to match her self with Philip King of Spain , the bruit thereof being spread amongst the people , was by them ill resented , as dreading to be under the yoak of a stranger ; to hinder the same ( amongst others ) Sir Thomas Wyat , a Kentish Knight , took Armes , with a great party assisting him . The Queen bearing of his Commotion , sent a Herald to him to desist , which be refusing to do , she resolves upon force , sending the Duke of Norfolk with five hundered Londoners against him ; but these Souldiers bearing more affection to Wyats cause than the Queens , forsook their Leader , and their Loyalry together , and joyned themselves to Wyats Faction ; who much elated with this supply , presently resolves for London , promising to himself easte entrance into that City , and hearty entertainment therein ; but contrary to his expectation , coming to Southwark , he found all the Lowers of the Tower , and the tops of the square Steeples neer the Bridg-foot on the other side , planted with Ordnance against him , so that both Church and State threatned his ruine ; so that seeing no good to be done there , with a swift March ( having the Darkness of the Night for his Coverture ) he hasteth to Kingston , passeth the River , and comes to Knights-Bridg , before almost any had notice of his Motion . Here he divides his Army into two parts , Five hundred of them wheels down towards White-Hall , but could not force their passage into it ; Himself with the rest of the Army went directly to Charing-Cross , where he met with some opposition , but nothing daunted thereat , he marched directly down the Strand and Fleet-street , and coming to Ludgate promised himself entrance into the City , but finding the Gate close shut , and well fortified against him , with Men and Ammunition , his hopes then began to fail him ; retreating to Temple-Bar , he was faced with some Norse , where after a short Fight , he submitted himself Prisoner , being first carried to White-Hall to be examined , from thence to the Tower , and soon after to the Scaffold , where he received the rewards of his Revellion . The Lyoness from life retires , And Pontificial Priest Expires . By the Lyoness is meant Queen Mary , who having Reigned five years and some odd months , dyed of a Dropsie , though others say of Grief for the absence of her Husband King Philip , and others again , for Calice ( taken not long before ) and that she should say , if after she was dead they ripped her up , they would find Calice written on her heart . The Pontificial Priest signified Cardinal Pool , who expired within sew hours after the death of Queen Mary . This prelate was of princely extraction , his Mother Margaret being Daughter to George Duke of Clarence ; when he was young be was brought up together with Queen Mary , and being a zealous Catholick during King Edwards Reign , suffered a voluntary exile for the same ; when the marriage with Prince Philip and Queen Mary was made up , be returned into England , was made Arch-Bishop of Canterbury , more moderate than some othes of his fellow Bishops , having a favourable inclination towards the Protestants . He survived the Queen but few hours , and was buried in his own Cathedral at Canterbury , with this short and modest Epitaph on his Monument , DE POSITUM CARDINALIS POLI. CHAP. XII . Her Prophecys concerning the Reign of Queen Elizabeth ; the change of Religion ; the attempts of the Papists , upon the Queen ; the Spanish Invasion ; the burning of Pauls Steeple ; the death of the Queen of Scots ; the reducing Ireland ; the beheading the Earl of Esser , &c. THe Lyon fierce being dead and gone , A Maiden Queen shall Reign anon . Those who sighed , then shall sing , And the Bells shall Changes Ring . The Papal power shall bear no sway , Roms trash shall hence be swept away . The Locusts sent from the seven Hills , The English Rose shall seek to kill . The Western Monarks Wooden Horses , Shall be destroyed by the Drakes forces . Troy novant's Triumphant Spir● , Shall be consum'd with flames of Fire . More wonders yet ! a Widowed Queen , In England shall be headless seen . The Harp shall give a better Sound , An Earle without a Head be found . Soon after shall the English Rose , Unto a Male her place dispose . These lines being a Prophecy of the most remarkable Actions , during the Reign of Queen Elizabeth , are to be interpreted after this manner . The Lyon fierce being dead and gone , A Maiden Queen shall Reign anon . Queen Mary is here meant by the fierce Lyon ; so called , not so much for the Cruelty done by Her , as by the Bishops and Priests was done under her ; for take her in her self , secluded from bloody Counsellors , and she was a most Merciful , Pious , Iust Princess ; but in respect of the Blood that was shed , and the persecutions then suffered , she is here Termed a fierce Lyon : After whom is said , A Maiden Queen to Reign Anon , meant by Queen Elizabeth , one who was the Mirrour of her Set and Age , who for above forty years , to the admitation of enby it self , mannaged the affairs of this Kingdom ; having when she began , few friends that durst help , and leaving no Foes when she died that could hurt her ; acting her part so well whilest here she Reigned ; that History canscarcely afford us one Prince to be matched to her Fame , in all considerable particulars . Those who sighed then shall sing , And the Bells shall changes Ring . Many who sat and sighed in the daies of Queen Mary , by reason of the hot persecution , being forced to forsake their Houses , because they should not forsake their Religion ; now that Queen Elizabeth began to Reign , their mourning was turned into joy , their sighing into singing ; returning from their etile , with Psalmes of thanksgiving in their mouthes : where their Bells rang such Changes in Religion , that the Mass was put down , and the Common prayer set up : Popery banished , and reformation established ; the Ministers of the Bospel advanced , and the Schaveling Priests , Monks and Fryers , depressed . The Papal Power shall bear no sway ; Roomes trash shall hence be swept away . Soon after the Queens coming to the Crown , a Parliament began at Westminster , wherein the Laws of King Henry , the eighth against the See of Rome were renewed , and those of King Edward the sixth , in favour of the Protestants revived , and the Laws by Queen Mary made against them repealed : Uniformity of Prayer , and Administration of Sacraments was enacted , with a Restitution of first Fruits and Tenths to the Crown ; and the Queen acknowledged to be the only and Supream Governour of her Kingdomes : The people in each place beating down Superstitious Pictures and Images , which blind and misguided zeal had set up . The Locusts sent from the seven Hill , The English Rose shall seek to kill . By the Locusts are meant the Priests , Fryars and Iesuits , who spread all the World over in greater numbers than the Locust did in the Land of Egypt ; and by the seven Hills is meant Rome , which is built upon seven Hills ; and by the English Rose is signified Queen Elizabeth , whom the Priest and Iesuits by their Instruments did often attempt to kill ; so that if we seriously consider her Reign , we shall scarcely find any Prince , whose life was so often attempted as hers , of which to give you some examples would not be impertinent to our purpose , and first in her Sisters Reign ; Stephen Gardiner Bishoy of Winchester , and other Romanists , offended with her Religion , so wrought with Queen Mary , suggesting that she was consenting to Wyats insurrection , that she was sent prisoner to the Tower , and ( as it is said ) a Warrant intended to be sealed for her execution , had not king Philip interceeded . After she came to the Crown she was as incident to troubles as the Month April is to showres , Spain , France and Scotland , combining against her , Pope Plus Quintus by his Bull deposes her , in prosecution whereof the Earls of Northumberland and Westmoreland rise up in Rebellion , being to have been assisted by the Duke D'alva out of the Low-Countries , but out of these troubles she was delivered by their Confussion . After these Leonard Dakers , second San to William Lord Dakers of Gellesland , endeavoured to bring her into trouble , being intrusted by her with competent forces , which he intending to have imployed to her detriment , failed in his hopes and Power ; and brought both shame and ruine to himselfe . Next did Thomas and Edward Stanley younger Sons to the Earl of Darbey , with several others , plot against her ; all which ended in their Ruine and her safety . These failing , Captain Stukley promised to perform wonders against her , but his mountaines proved not so much as mole-bills , he being stain in Barberry , his design failed . But to speak of personal attempts against her , one Somervile drew his Sword in the Court to have slain her , Doctor Parry a Spaniolized Italian intended to have Pistoled her as she walked in her privy Garden : Savage , Windsor , Salisbury , Tilney , and others , conspired to kill her , the which they waited several times to effect : one William Stafford , by the instigation of the French Ambastador , undertook to kill her : Doctor Laper one of her sworn Physicians , for a sum of money , engaged to Poyson her : and to conclude all , one Edward Squire , formerly belonging to her Stable , with a mortifferous confection , Poysoned the Pomel of her Saddle , when she was riding out ; from all which notwithstanding , though she were maliciously Poysoned , she was miraculously preserved , and died in peace ; maugre all the malice of her enemies . The Western Monarchs Wooden Horses , Shall be destroy'd by the Drakes Forces . By the Western Monarchs Wooden Horses , is meant the King of Spains , great Armado , in the year 1588 , by them termed Invincible , though the success of it answered not the name , being by Sr. Francis Drake and others , brave Sons of Neptune , and Soldiers of Mars , met withal , fought with , and really vanquisht , most of them sook , and the rest destitute and scatter'd , being chased by our Ships past the 57 degree of Northern Latitude , and there left to be pursued by hunger and cold , a victory so remarkable , that time , nor age , will ever weare the remembrance thereof away . Troy novant's Triumphant spire , Shall be consum'd with Flames of Fire . By Troy novant is meant London , which in ancient writings is called Troy novant ; and the Triumphant Spire , signifies Pauls-steeple , which in the year 1561 the fourth of June , strangly fell on fire , burning for the space of five full hours , in which time it melted all the Lead off the Church , only the Stone Archer escaping the fury thereof ; sundry causes were attributed by sundry persons of this fire ; some that it was casually blasted with Lightning ; others that it was mischievously done by Art Magick ; and others which was most likely ) done by the negligence of a Plummer carelesly leaving his coals therein . The Queen was much grieved for this mischance , but by her bounty , the Cities liberality , and a Contribution from the Clergy , it was afterwards repaired , only the blunt Tower had not the top thereof sharpened into a spire as before . More wonders yet ! a Widowed Queen , In England shall be headless seen . The Widowed Queen signifies the Queen of Scots , the Mother of king James , who was beheaded at Fotheringhay-Castle some say by the privity , others to the great discontent of Queen Elizabeth : A Lany of a sharp wit , undaunted spirit , comely person , Beautiful face , Majestick presence , a fluent Orator , and an excellent Poet , as may appear by several things now extant ; amongst others of her Verses , this was one , which she wrote with a pointed Diamond , in a window , during her Imprisonment in Fortheringhay-Castle . From the top of all my trust , Mishap hath laid me in the Dust . She was beheaded the _____ day of _____ Anno 1587 , and was first buried in the Quire of Peterborough , afterwards by her Son King James , solemnly removed from thence to Westminster , where in the South side of the Chappel of King Henry the seventh , be exected a stately monument to her Memory . The Harp shall give a better Sound . The Harp signifies Ireland , as being the Armes of that Country , which Queen Elizabeth by reducing to a better obedience , made it give a better Sound , that is , made it more civilized , and profitable to the Exchequer then ever before . An Earl without a Head be found . This was spoken of the Earl of Essex , one who was the favourite of the Queen , and darling of the poeple ; ( two things which seldome come together , and yet could not both of them protect him from the Scaffold , but that thereon he left his Head : Soon after shall the English Rose , Unto a Male her place Dispose . By the English Rose is meant Queen Elizabeth , as we said before ; by whose Death , the Right and Title to the Crown , came to James the sirth , King of Scotland , as lineally descended from Margaret the Eldest Daughter to King Henry the seventh ; the issue Male failing , by the death of Queen Elizabeth : and here is to be remembred , the Policy of King Henry the seventh , who having two Daughters , Married the oldest of them to the King of Scotland ; and the Youngest to the King of France , that if his issue Male should happen'd to fail ( as it afterwards did ) then Scotland might wait upon England as the greater Kingdom , and not England upon France as the lesser : Besides there was an old Prophecy , which intimated King James his coming to the English Crown ; for when King Edward the first baraced Scotland amongst other things he brought from thence their Ropal Chair , ( still preserved at the Abby in Westminster ) upon which Chair these verses were writ . If Fates go right , where ere this Chair is Pight , The Regal Race of Scots shall rule that Place . Which by the Coronation of King James there performed , made good the words of the Prophecy . CHAP. XIII . The Prophesies of the Reign of King Iames , his uniting England and Scotland , his Peaceable Reign , a learned time , the Powder Treason , the Marriage with the Prince Elector , and Lady Elizabeth ; the Death of Prince Henry . THe Northern Lyon over Tweed , The Maiden Queen shall then succeed , And joyn in one , two mighty States , Ianus then shall shut his Gates . Mars shall yeild to Mercury , All things tend to Prosperity . Hells power by a fatall blow , Shall seek the Land to overthrow . Which by mistake shall be reverst , And heads from shoulders be disperst . The British Olive next shall twine In mariage with the German Vine . The Ninth to Death his power shall yeild , Death Conquers all , he winns the Feild . Next follows the remarkable actions of King James's Reign , predicted in the foregoing lines , which may be thus explained . The Northern Lyon over Tweed , The Maiden Queen shall then succeed , And joyn in one , two mighty States . By the Northern Lyon , is meant King James ; and by the Maiden Queen , Queen Elizabeth , whom King James , being King of Scotland succeeded in the English Crown , joyned thereby the two Nations of England and Scotland , which had been often attempted before , not only by Conquest , but by Marriage ; once by Conquest , by King Edward the first , who subdued their Armies , took their strong places , and made their Nobles yield him obeisance ; yet what they thus lost by him , they recovered of his Son King Edward the second ; the other of Marriage , was by King Henry the Eighth , who endeavoured to have matched his Son , Prince Edward , with the Heiress of Scotland , and had proceeded very far therein , when Death cut him off ; and though afterwards attempted by the Duke of Somerset , Lord Protector , and the Scots beaten at Musselborough-field , yet all would not prevail ; God having decreed their union to be afterwards , in a more peaceable manner . Janus then shall shut his Gates . Janus was one of the gods belonging to the ancient Romans ; whose Temple was never shut , but in the days of Peace , which happened not above twice , in the space of two thousand years : King James his Reign being a very peaceable time , when Swords rusted in their Sheaths for want of using them ; Mother Shipton in her Prophesse alludes thereto . Mars shall yield to Mercury , All things tend to prosperity . War shall give place to Peace , Fighting to pleading , the Sword to the Gown , the Pike to the Pen , Barbarism to Learning , &c. this Peace shall cause Plenty , Plenty work prosperity , &c. Hells power by a fatal Blow , Shall seek the Land to overthrow . Which by mistake shall be reverst , And heads from Shoulders be disperst . These Lines have reference to the horrid Powder Plat , which was to have been acted by some desperate Papists , to have blown up the Parliament House with Gun-powder , and therein our Religion , Laws , King , Prince , Peers , Bishops , Iudges , Knights and Burgesses , all designed to Destruction : The chief actors herein were , Robert Catesby , Thomas Perey , Sir Everard Digby , Francis Thresham , Robert Winster , Thomas Winter , John Wright , Chris . Wright , Ambrose Bookwood , Robert Key , John Graunt , Guido Faux , and Bates , Catesbies man , Gentlemen most , of Ancient Families , some of plentiful Fortunes , but all of resolute Spirits : These being suggested by the Devil , and seconded by his Agents , the Iesuits , to bring their purpose about , hired a Vault under the Parliament House , wherein they stowed Thirty six Barrels of Powder , with several Iron Barrs , to make the force of the fire more effectual , all which they covered with Billets , thinking thereby to have covered their Design , from being Discovered : On the Fifth of November , the day of the Parliaments first sitting , was the time appointed , to put their Design in execution ; but Providence had ordered it otherwise , that those who intended mischief , should taste the effects of it ; on the Evening before , came to the Lord Monteagle , a strange Letter , from a strange hand , by a strange Messenger ; without Date to it , name at it , and ( to outward appearance ) sense in it ? A Letter which when it was opened , was even still Sealed , such the affected obscurity therein : The Letter contained these words , My Lord , OUt of the Love I bear to some of your Friends , I have a care of your preservation ; therefore I would advise you , as you tender your Life , to devise some excuse to shift off your attendance at this Parliament : For God and Man have concurred to punish the wickedness of this time . And think not slightly of this Advertisement , but retire your self into your Country , where you may expect the Event in safety : for though there be no appearance of any stir , yet I say , they shall receive a terrible blow this Parliament , and yet they shall not see who hurts them : This counsel is not to be Contemned , because it may do you good , and can do you no harm ; for the danger is past so soon as you have burnt the Letter ; and I hope God will give you the grace to make good use of it : to whose holy Protection I commend you . This Letter being communicated to the King , he expounds the mystical Blow , to be meant by Gun-powder , and thereupon commanded the Rooms under the Parliament House to be searcht , where the Mystery of Iniquity was quickly discovered , some of the Traytors taken in London , others in the Country , the hands of Iustice overtaking them , they became examples of Iustice , and tasted of that Cup ( though not with that Cruelty ) which they intended others should have drank of . The British Olive next shall twine , In Marriage with the German Vine . By the British Olive , is meant the Lady Elizabeth , Daughter to king James ; and by the German Vine , the most Illustrious Prince Frederick , Count Palatine of the Rhine ; this Lady Elizabeth was enriched with all the endowments both of Body and mind , which make to the compleating of a Princess ; most dearly beloved of the English , as one that deserved well of all ; hear a wit of that age thus complaining . Most sweet Elixabeth ! that happy Name , If we lost nothing else by losing thee , So dear to England is , we are too blame : If without tears and sighs we parted be . They were married with great solemnity , at Westminster , February 14 , Anno 1612. The Ninth to Death his Power shall yield . Death Conquers all , he wins the Field . This is meant of Prince Henry , who is called the Ninth , in regard that if be had lived till King James dyed , he would have been the Ninth King of that name , since the Conquest : He was a Prince of most excellent parts , not wanting any thing wherewith Nature and Art could enrich him ; of a very pious disposition , never heard by any alive to swear an Dath , for which Arch-Bishop Abbot commended him in his Funeral Sermon , the Prince being wont to say , That he knew no Game or value to be wonne or lost , that could be worth an Oath . He died of an extraordinary burning Feaver , being generally lamented of the whole Land. CHAP. XIV . The Prophesies of the Reign of King Charles the First , his Marriage with France , the Murther of the Duke of Buckingham , the Scottish Troubles , of the Long Parliament , and Bloody War ensuing after the execrable Murther of the King. MOther Shipton having proceeded thus far in her Prophesies , broke off abruptly with a deep sigh , the tears trickling down her Cheeks , accompanied with the wringing of her hands , as if some extraordinary mischance had befallen her . The Abbot wondred greatly what should be the cause of this sudden alteration , having observed all along before a setled composedness in her countenance , and now to break out into such exclamations : He therefore thus said unto her , Mother Shipton , it is more than some ordinary matter which hath made you to break out into this sudden passion , and if it may not be troublesome unto you , I shall desire , that as hitherto you have not been scrupulous in revealing those secrets unto me , which have wrought in me both wonder and amarement , so that now you will not so abruptly break off , as to leave me in suspence of the cause of your sorrow ; Ah Mr. Abbot ( said she ) who can with dry eyes repeat what must next ensue , or but think upon it without a heart full of Agony , to see vertue trampled on , and vice exalted ; Beggars on Horse-back , and Princes on Foot ; the Innocent condemned , and the Blood-thirsty go free . But since my promise binds me to fulfil your request , I shall proceed where I left . The Crown then fits the White Kings Head , Who with the Lillies soon shall wed ; Then shall a Peasants bloody knife , Deprive a great Man of his Life . Forth from the North shall mischief blow , And English Hob shall add thereto . Then shall the Council great Assemble , Who shall make great and small to tremble . Mars shall rage as he were wood , And Earth shall drunken be with blood . The white King then ( O grief to see ) By Wicked Hands shall Murdered be . These lines are so plain , relating to the Actions of the late times , as shall need no Oedipus to explain them ; however , as we have all a long before made several Comments upon her Text we shall here likewise proceed in the same Method as we did before . The Crown then fits the white Kings Head. By the White King , is meant King Charles the first , so called not only in respect of the purity and uprightness of his life , signified by White ; but also that at the time of his Coronation he was clothed in White , which some venemous tongues have since urged against him , that he was not Crowned as other Kings , as if Princes might not have the same liverty as meaner persons , to assume what coloured Bard they list to wear , to themselves . Who with the Lillies soon shall wed . Somewhat before King James his Death a marriage was concluded on betwixt Prince Charles , and the Lady Henrietta Maria , Daughter to that Martial Prince Henry the fourth , King of France ; but before the Consummation thereof , King James dyed , not long after his Funerals were over , she was brought into England , and solemnly married to King Charles , who is hereupon said to wed the Lillies , the Lillies being the Armes of France . Then shall a Peasants bloody Knife , Deprive a great man of his Life . This is spoken of the Duke of Buckingham , the greated man in favour of those times , and thereupon ( as it is most commonly seen ) most bated of the People ; who laid the blame of all miscariages in the State upon him ; right or wrong he was sure to undergo their censure : Being made General for the Relief of Rochel ) then besteged by the French Forces ( before he Imbarked at Portsmouth , he was most villanously Stabbed by one Felton a discontented Officer in his army ; who was so far from flying for the same , that though be might have passed away undiscovered , he holdly avowed himself to be the man that did it ; alledging that he had therein done his Country good service ; but before his Death , was better Principled , and made sensible of the beinousnes of the sin of Murther , recanting his former erronious Principles , and dying very Penitently , being banged in Chains at Portsmouth , Anno 1627. Forth from the North shall mischief blow , And English Hob shall add thereto . This Prophesie alludes to that ancient Proverb , From the cold North all ill comes forth ; and may be understood of our troubles commencing in 1639 , taking their original rise from Scotland , and fomented by several Factions Spirits in England , the Dagon of Presbytery beginning then to appear in its own colours , the Kirk of Scotland having so high an opinion of its own purity , that it participated more of Moses his Platform in the Mount , than other Protestant Churches , being a Reformed Reformation ; so that the practice thereof might be divertory to othere , and she fit to give , not take , write , not receive Copies from any neighbouring Church ; desiring that all others were like unto them , save only in their afflictions . Hereupon they stood so high upon their pantoffles , that they refused the Common-prayer , disclaimed their Bishops , raised Lumults , and under the pretence of defending the Scotish Kirk , raised a War against the English State , the benom of which Poyson so infected the veins of the English , who followed this Scottish President , that it brake forth into a most bitter War , and ended not , but with the deaths of many thousands of people . Then shall the Council great assemble , Who shall make great and small to tremble . By the great Council is meant the long-lasting Parliament , so known to all posterity , for the remarkable transactions therein : It began November the 3d 1640 , and may more properly be said to be the Parliament that wrought wonders , then that in the time of King Henry the Third , which had the same appellation . By them sell the wise Stafford , and Reverend Laud , by them was Episcopary voted down , and Presbytery voted up ; by them was the common-prayer denyed , and the Directory exalted ? they were the first that brought that strange Kiddle into the World , that a man might fight for , and against his King ; by them was the Dath Ex Officio condemned and the covenant ( fat worse ) applauded ; in sum , by them was the Church and State turned topsey turvey ; but this cannot be reported of all amongst them , many of them hated their doings , dissented from them , and suffered by them . Mars shall rage as he were wood , And Earth shall drunken be with blood . To repeat all the Skirmishes , Fights , and Battles that have happened betwixt the Kings and Parliaments Forces ) here intended by this Prophesie ( would of its self , require a Volume , in some of which , viz. that at Marston-more eight thousand men were killed at a time , so that the Earth might well be said to be Drunken with their Blood ; and which is the more pity , was shed by English men of one Country , Citizens against Citizens , Neighbours against Neighbours , nay , one Kinsman against another , and prosecuted with the greatest bigor that might be , according to that of the Poet. The highest fury reigns in Civil warr , And Country men in fight most cruel are . As was verified all a long during our unnaturall Civil War , none holding out with more obstinacy , fighting more eagerly , nor in the execution more bloody than they ! The White King then ( O grief to see ) By wicked hands shall Murthered be . Spoken concerning the Execrable Murther of that Pious Prince King Charles the First , the most Renowned for Piety , Prudence and Patience ; of all his contemporary Princes throughout the whole World ; of whom when all is said that can be spoken , yet doth all come far short of his deserved praises : I shall therefore sum up all with this Epitaph made on him by a learned Pen. He that can spell a Sigh , and read a Tear , Pronounce amazement , and accent wild Fear : Having all grief by Heart ; He , only he , Is fit to Write and Read thy Elegie . Unvalued Charles ! thou art so hard a Text , Writ in one Age , not understood i' th Next . CHP. XV. The Reign of King Charles the second ; the Usurpation of Cromwell ; the strange Confusions of a Democrital Government ; the Restauration of the King ; the great Sickness ; the Burning of the City of London . THe White King dead , the Wolf shall then , with blood possess the Lyons den . But Death shall hurry him away , Confusion shall a while bear sway : But Fate to England shall restore , A King to Reign as heretofore . Mercy , and Justice too , likewise , Hein his time shall exercise . Great Death in London shall be though , And Men on tops of Houses go . These Prophesies being all fulfilled in the memory of man , and so well known unto the World , we shall be the briefer in the explanation of them . The White King dead , the Wolf shall then , With blood possess the Lyons den . By the White King ( as we said before ) is meant King Charles the First ; and by the Wolf , Oliver Cromwel , so termed by reason of his bloody disposition ; that beast being judged most greedy and ravenous of all others ; and therefore fitly resembled to Cromwel , whose ambition was such , that he left no means unattempted , until he had got into the Lyons den , that is to say , untill he had attained the sole Government ; which being done , he then plucked the Stairs down by which he had mounted ; turning the Rump out of dores , making them his Servants , who had formerly been his Masters ; exercising his cruelty upon Cavailiers , which he deemed double Policy , as being thereby rid of his Enemies , and enriching his Coffers with their Wealth , though it were in effect but Murther and Robbery , and Proclaimed him to be a Blood-thirsty-Lyrant . But Death shall hurry him away . Very remarkable was the day in which the Protector dyed , being the Third of September Anno 1658 , wherein the wind was so violent , that it overthrew many Houses , tore up many Trees by the Roots , tumbled down Chimneys , and unreav'd Barns and Stables ; but as it is a very ill wind that blows none good , so with all the burt this wind did , it made some recompence , in blowing this bloody Tyrant away , which made the people so little sensible of their losses , that they thought their private harms not to stand in competition with this general good . Confusion shall a while bear sway . Spoken in respect of the Confusion of Governments we then had : First , a Rump Parliament , then a Protector , next a Rump Parliament agen , then a Fools Bauble , called a Committee of safety , afterwards a Rump Parliament agen ; now thus , then that , a great many Governments , and none good . But Fate to England shall restore , A King to Reign as heretofore . This was fulfilled in the happy Restoration of King Charles the Second , which put a period to all those Oligarchical Confusions , and Restored the Land to its Ancient pristine Government ; which till then , groaned under the pressurers of a Company of Mechanical ( and therein the worst sort of ) Lyrants . Mercy and Justice too likewise , He in his time shall exercise . Of this many are the examples which might be produced ; how many , though notorious Delinquents , received to Mercy ? Life given to those , who would have taken his life away ; few only suffering , but such whose offences were so Capital , as could not come well within the Verge of a Pardon , or stood upon Iustification of their former execrable Actions : Such rotten members deserving to be cut off from the body of the Common-wealth , who otherwise would have been very Obnoxious and prejudicial to those that were found . Great Death in London shall be though . Verified by the great Plague in London 1665 ( which for number ) was the greatest that hath been known in these latter Centuries of years , and which ( if not any thing else ) might convince our Sectaries , how necessary that prayer in the Letany is for to be used , From Plague , Pestilence and Famine , good Lord deliver us . And Men on tops of Houses go . This was suddenly fulfilled in that great Conflagration of Fire , which happened in London , Sept. 2. 3. and 4. Anno 1666. by which so many Houses were destroyed , that men afterwards in the Kuins went on the tops of those Houses , whose lofty Structures not long before seemed to brave the Skie , and which would dazle weak eyes to look up and behold the tops of them . The Fiery year as soon as o're , Peace shall then be as before . A Phenix City in strange wise , Shall out of fatal Ashes rise . These predictions were exactly accomplisht by the Peace concluded with the Dutch soon after 1666 , called here properly the Fiery year , and the wonderful Rebuilding of the City of London to greater Magnificence than ever in so short a space . When Mars again unsheaths his Sword , Your Treacherous Friends small Aid afford : Great noise there shall be heard , great shouts and cries , And Seas shall thunder louder than the Skies . This alludes to the second Dutch War , wherein the French pretended to be Friends to the English , but afforded them small Aid , but in truth basely deserted them in the Engagements at Sea , where the Canons were louder than Thunder . A Boat a Boat , look twart the Thames , The Southern Pile is all on Flames . This can be understood of nothing but the great Fire in Southwark , wherein the best part of the Burrough , which She calls the Southern Pile , was Consumed . The World 's in Arms , and ill at ease , Another World looks on in Peace . The happy Isle shall freely Trade , While Blood and horror mighty Realms invade . This was happily as to England verified in the year 1677. when she only stood looking on in Peace , and enjoyed freedom of Trade , whilst all the rest of Europe were fiercely engaged in War. Here follow other Prophestes she uttered , which seem to foretel the overthrow of the French , or some great disaster to that Nation , with several other Revolutions ; but because they concern future times , we shall leave the Interpretation to Time and the Intelliligent Reader . I. The Eagle Droops , and Moults his Wings , And fewds shall grow between Northern Kings . Holland is threatned , Spain doth pine , And Blood shall swell the Rapid Rhyne . II. When once the Orange and the Rose Unite , beware old Englands Foes . III. 'T is done , no more shall Monsteurs pride Triumphant over Nations Ride . The Meteor falls , and scarce shall have A mourning Tear , or Christian Grave . IIII. The Lillies now bewail their loss , And serve but to Adorn the Cross . V. The work 's begun , but would you see The Harvest Ripe , joyn eight to three . The Northern Star at last appears , And an All-conquering Banner rears . VI. Howl , howl , you miscreants , all your deeds Shall now receive their worthy Meeds ; But long e're this poor Shipton Sleeps In her safe Grave , and Europe weeps . This Mother Shipton , the Authoress of these and the foregoing Prophesies , lived till she was of an extraordinary Age , and though she was generally believed to be a Witch , yet all persons whatsoever that either read or heard her Prophestes , have esteemed them little less than Oraculous , and her Memory to this day is much Honoured by those of her own Country . FINIS . A30706 ---- The compleat ship-wright plainly and demonstratively teaching the proportions used by experienced ship-wrights according to their custome of building, both geometrically and arithmetically performed : to which by Edmund Bushnell, ship-wright. Bushnell, Edmund. 1664 Approx. 201 KB of XML-encoded text transcribed from 41 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A30706 Wing B6252 ESTC R13270 12389081 ocm 12389081 60949 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 0 1.0 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 1, no. A30706) Transcribed from: (Early English Books Online ; image set 60949) Images scanned from microfilm: (Early English books, 1641-1700 ; 272:5) The compleat ship-wright plainly and demonstratively teaching the proportions used by experienced ship-wrights according to their custome of building, both geometrically and arithmetically performed : to which by Edmund Bushnell, ship-wright. Bushnell, Edmund. [8], 68 p. : ill. Printed by W. Leybourn for George Hurlock, and are to be sold at his shop ..., London : 1664. Errata: p. [6]. Advertisements: p. [7]-[8]. Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.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. 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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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Shipbuilding -- Early works to 1800. 2006-05 TCP Assigned for keying and markup 2006-05 Apex CoVantage Keyed and coded from ProQuest page images 2006-06 Andrew Kuster Sampled and proofread 2006-06 Andrew Kuster Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE COMPLEAT Ship-Wright . Plainly and Demonstratively Teaching the Proportions used by Experienced Ship-Wrights , according to their Custome of Building ; both Geometrically and Arithmetically performed . To which is added , Certain Propositions in Geometry , the use of a Diagonall SCALE , to draw a Draught , with the Making , Graduating , or Marking of a Bend of Moulds , and ordering of the same . The Extraction of the Square Root , with a Table of Squares . Also , a way of Rowing of Ships , by heaving at the Capstane , usefull in any Ship becalm'd ; with other things usefull in that ART . By EDMUND BUSHNELL Ship-Wright . LONDON , Printed by W. Leybourn for George Hurlock , and are to be sold at his Shop at Magnus Church corner in Thames-Street , neer London-Bridge , 1664. TO THE READER . Friendly Reader , THe Matter contained in this Treatise , is written onely for the good and profit of my Countrymen , who are still in that capacity that once I my self was ; that is , ignorant of what they should know in their Trades , and desire Instruction ; not that I presume to teach those long experienced Ship-Wrights , whose actions hath declared their Abilities to the whole World , in their Building of so Gallant , and Serviceable a Fleet of Ships , as at present his Majesty , the King of England , is furnished withall , no King having the like , either for Offence , or Defence : yet their knowledge they desire to keep to themselves , or at least among so small a number as they can ; for although some of them have many Servants , and by Indenture ( I suppose ) bound to Teach them all alike the same Art and Mystery that he himself useth ; Yet it may be he may Teach some one , and the rest must be kept ignorant , so that those Ship Wrights , although bred by such knowing Men , yet they are able to teach their Servants nothing , more then to Hew , or Dub , to Fay a Piece when it is Moulded to his place assigned , or the like : but if occasion require , that the greatest part of these Men , by being Carpenters of Ships , or the like , may be removed from England to Virginia , or New-England , or the like Countryes , where Timber is plenty for their use , yet through their ignorance , they durst not undertake such a Work : For their sakes I have written this Book , wherein the Reader shall finde instructions sufficient for Moulding of any Ship , or Vessell whatever , with the Masting of them , drawing of Draughts , and all in a very plain and exact Method , which I am confident will be understood by the meanest capacities , if they can but read English , and have the benefit of a little Arithmetick as Adition , Substraction , Multiplication , Division : be diligent , and I shall be thereby incouraged , if need be , to help thee farther in the Art. Farewell , Thy Friend , Edmund Bushnell . THE CONTENTS . Ch. I. OF Geometricall Problemes Page 1 Ch. II Of your SCALE Page 4 Ch. III Concerning the drawing your Draught upon Paper Page 6 Ch. IV. Shewing , how to sweep out the Bend of Moulds upon a Flat Page 9 Ch. V. The Description of the Rising Lines aftward on , and forward on ; with the Narrowing Lines , and Lines of Breadth : As also the Narrowing of Lines at the top of the Timbers Page 12 Ch. VI. Shewing the Making and graduating , or marking of the Bend of Molds Page 15 Ch. VII . Arithmetically shewing how to frame the body of a Ship by Segments of Circles : being a true way to examine the truth of a Bow Page 22 Ch. VIII . How to Extract the Square Rooot Page 31 Ch. IX . A Description of the Table of Squares Page 39 Ch. X. Shewing , how to hang a rising line by severall sweeps , to make it rounder aftward , then at the beginning of of the same Page 53 Ch. XI . Concerning Measuring of Ships Page 59 Ch. XII . Concerning the Masts of Ships Page 62 Ch. XIII . Concerning Rowing of Ships , when they are becalmed . Page 65 Advertisement . IF any Gentleman , studious in the Mathematicks , have , or shall have occasion for Instruments thereunto belonging , they may be furnished with all sorts , usefull both for Sea or Land , either in Brass , or Wood , by Walter Hayes , at the Cross-Daggers in Moore-Fields , next door to the Popes-Head Tavern ; where they may have all sorts of Maps , Globes , and Mathematicall Paper , Carpenters Rules , Post and Pocket-Dyalls for any Latitude , Steel Letters , Figures , Signes , Planets , or Aspects , at reasonable Rates . ERRATA . PAge 7 , Line 9 , Read Halses 8 16 come not fowl 8 21 faied 11 2 at f or G 12 23 afore 13 2 afore 13 19 aftward 14 15 Lo 14 28 ● / ● 15 25 dele off 16 7 Sirmarks 18 ● none , that 18 11 at the top 19 2 stick 20 29 you h●w to 22 5 make a 23 3 & 5 3 / 5 54 16 12 foot 57 1 two last numbers . Books Printed and Sold by George Hurlock , at Magnus Church-Corner in Thames-Street , neer London Bridge . SEamans Kalender , or Ephimerides of the Sun , Moon , and certain of the most notable fixed Stars , &c. Norwoods Doctrine of Triangles , with Logarithmes , lately printed , exactly corrected , and much inlarged by the Author himself . Norwoods Epitomy , applyed to plain and Mercators sailing Norwoods Sea mans Practice , containing a Fundamentall Probleme in Navigation , experimentally verified . Safeguard of Saylors , or Great Rutter , by Ro. Norman . Sea mans secrets . A Table of Gauging all manner of Vessels , by Jo. Goodwin . Path-way to perfect sailing , by Richard Poltar ▪ Pitiscus his Doctrine of Triangles , with Canons . Navigator by Cap. Charles Saltonstal , newly printed , with additions , shewing the Deceipts of the plain Charts used in our time , and a way to prove the projection of any Plain Chart. Dary's description and use of a Vniversall Quadrant . Seamans Dictionary , or the Exposition and Demonstration of all the parts and things belonging to a ship ▪ together with an Explanation of all the Termes and Phrases used in the practique part of Navigation , by Sir Henry Manwarring . Exact Tables of Naturall and Artificial Sincs , Tangents , Secants and Logarithms , and an Institution Mathematicall , containing their constructions and use in the solution of all Triangles Plain and Spherical , and the application thereof in Astronomy , Dialling , and Navigation . Seamans Glass , now newly published , with the addition of many propositions in Navigation , Astronomy , and Dialling , not before printed . The Compleat Canoneer , shewing the principles and grounds of the Art of Gunnery , as also several Fire-Works for Sea and Land. The Advancement of the Art of Navigation , or Sea-mans Canon of Triangles , shewing by a new Canon of Sines , Tangents , and Secants , how to resolve all Cases of right lined Triangles , onely by looking into the Tables , without any Calculation . Particularly applyed to all the three kindes of Sayling , viz. by the Plain Chart , Mercators Chart , by a Great Circle ; and to the Art of Surveying . Trigonometria Brittannica , or the Doctrine of Triangles , in folio , exhibiting the Logarithms of all numbers , from one to a hundred thousand , and the Sines and Tangents to the hundred part of a Degree , with Mr. Gellibrands Doctrine of Triangles , faithfully translated from the Latin Copy . The Sector on a Quadrant , containing the Description and use of three general Quadrants , accommodated for the ready finding the Hour and Azimuth universally in the equal Limbe . The Compleat Modellist , shewing how to raise the Model of any Ship or Vessel , either in proportion , or out of proportion ▪ and to find the length and bigo●ss of every Rope , in all Vessels exactly , with the weight of their Anchors and Cables . There is a new Book ▪ called the Pilots Sea-Mirror , which is a Compendium of the largest Wagoner , or the lightning Sea-Collumbe ; Containing all Distances or thwart Courses of the Eastern , Northern , and Western Navigations , with a general Tide Table , for every day , and the Change and Full of the Moon exactly for eight years , also Courses and Distances throughout the Straights . Printed for George Hurlock , at Magnus Church Corner , by London Bridge . The Saints Anchor-hold in all stormes and Tempests , Published for the support and comfort of Gods people in all times of Trial , by John Davenport Pastor of the Church in New-Haven in New-Ingland . There will shortly be made publick a Book , Intituled , The Mariners Compass Rectifled , containing , First , a Table shewing the hour of the day , the Sun being upon any point of the Compass . Secondly , Tables of the Suns rising and setting . Thirdly , Tables shewing the points of the Compass , that the Sun and Stars rise and set with . Fourthly , Tables of Amplitudes ; all which Tables are Calculated from the Equinoctial , to 60 degrees of Latitude , with Tables of Latitudes and Longitudes , after a new order , with the description and use of all those Instruments that are in use in the Art of Navigation , either for Operation or Observation . THE COMPLEAT Ship-wright . CHAP. 1. Of Geometricall Problemes . BEfore we proceed to draw the Draught of any Ship or Vessel , it will be necessary to be acquainted with some terms in Geometry : as to know what a Point and a Line meaneth , which every Book treating of Geometry plainly teacheth , and therefore we shall passe that by , supposing that none will endeavour to study the Art of a Ship-wright , that is ignorant of these things ; and therefore leaving these Definitions , I will proceed to some Geometrical Problemes necessary to this Art. PROB. 1. How to draw a Parallel Line . PArallel lines are such lines as are equidistant one from another in all parts , and are thus drawn . Draw a line of what length you please , ( according to your occasion ) as the line A B , then open the compasses to what distance you pleas , or as your occasions require , and set one foot of the compasses ▪ towards one end of the given line , as at A , with the other foot make a piece of an arch of a circle , over or under the given line , as the arch C , keeping the compasses then at the same distance , make such another arch towards the other end of the line , setting one foot in B , and with the other describe the arch D , then laying a Ruler to the outside of these two arches , so that it may exactly touch them , draw the line C D , which will be parallel to the given line A B , or equidistant , for so signifieth the word Parallel , to be of equal distance . PROBL. 2. How to erect a Perpendicular , from a point in a right line given . LEt there be a point given in the line A B , as the point C , whereon to raise a perpendicular . Set one foot of the compasses in the given point C , and open them to what distance you please , as to the point E , make a little mark at E , and keeping the compasses at the same distance , turn them about , and make a mark at the point F , in the line A B : Then remove the compasses to one of those marks at E or F , and seting one foot fast therein , as at the point F , open the other foot wider , and therewith draw a small arch over the point C , as the arch D , then keeping the compasses at the same distance , remove them to E , and seting one foot in E , with the other foot draw another little arch , so as to crosse the former arch in the point D , through the crossing of these two arches A D , draw a line to the given point C , as the line D C , which shall be perpendicular to the line A B. Diverse other wayes there are to raise a perpendicular , which I shall leave to the farther practice of such as desire diversity of wayes , and proceed to the raising of a Perpendicular on the end of a line . PROBL. 3. To raise a Perpendicular on the end of a line . DRaw a line at pleasure , or according to your worke , as the line A B : On the end thereof as at B , set one foot of the Compasses , and open them to what widenesse you please , as to C , and keeping fast one foot at B , pitch one foot by adventure in C , then keeping one foot of the compasses in C , and at the same distance , remove the foot that was in B , to the point D in the line A B : then ( keeping the compasses stil at the same distance ) lay a ruler to the points D and There are other wayes to effect this , which I shall leave to farther practice of the learner , this being the properest for our purpose . PROB. 4. From a Point given , to let fall a Perpendicular upon a Line given . FRom the point C , let it be required to let fall a perpendicular upon the line A B , proceed thus : Fix one foot of the compasses in the point C , and open them to a greater distance then just to the line A B , and make with the same extent the two marks E and F , in the given line A B , then divide the distance betweene the two points E and F into two equall parts in the point D , then lay a Ruler to the given point C , and to the point D , and draw the line C D , which will be perpendicular to the given line A B. CHAP. II. Of your SCALE . BEing perfect in the raising and letting fall of perpendiculars , and in the drawing of Parallel lines , you may proceed to draught : but first I will unfold unto you the use of a Diagonall Scale of Inches and Feet , whose use is to represent a foot measure , or a Rule so small , that a Ship of 100 foot by the Keel , may be demonstrated on a common sheet of paper , really and truly to be so many foot long , and so many foot broad , of such a depth , and of such a height between the Decks . And therein , the first thing to be considered is , the length of the platform , and of the Vessel you intend to demonstrate , to the end you may make your Scale as large as you can , because the larger the Scale is , the larger will the draught be , and so the measure of the demonstration will be the larger , and more easie to unfold . The Scale adjoyning consisteth ( as you see ) of 12 feet in all , 11 thereof are marked with figures downwards , beginning at 1 , 2 , 3 , 4 and so to 11 : the first at the top is sub-divided into inches by diagonal lines , as the distance between the first line of the Scale and the first diagonal line is one inch , the second is 2 , and the third 3 inches , and so to Six . The way to demonstrate the Scale , you see , is very easie : Draw Seven lines parallel to each other , and of what length you please , to retain what number of Feet you please , then beginning at the top , set off with the compasses the length of your Feet both allow and aloft , then draw lines thwart the parallel lines , to every foot of the Scale , and set numbers to them , beginning at the second foot 1 , and to the third 2 , to the fourth 3 , and so forward , leaving the first Foot to be divided into Inches by the Diagonall lines , as you see in the foregoing Scale . CHAP. III. Concerning the drawing your Draught upon Paper . HAving fitted your Scale ready , draw a line to represent the Keele of the Ship , as you see in the draught following of 60 foot long by the Keele , and 20 foot broad : the streight line that representeth the Keele is marked with A B. Then draw a line underneath of equall length to signifie the bottome of the Keele . Then next you may proceed to the Stern-post , as the line A C will signifie the foreside or the inside thereof , racking the one quarter of his length aft , and for the length of the Stern-post it must be directed to the built of the Ship , as whether she be to be a deep Ship or a shallow Ship , so that the draught of the water ought to be respected first , and then the lying of the Ports for the convenience of Ordnance , for that the upper transome of the Buttock , commonly is just under the Gun-Room ports , to the upper edge of the said transome we understand the length of the Stern-post , although if the Stern-post were continued to the height of the Tiller , and another Transome fard there for the Tiller to run on , it would steady the quarters of the Vessel very much , and do good service . The Stern-post being drawn , we may proceed to draw the Stem , which in the following Draught is not so much racked as was the old proportion of England , which was the whole breadth of the Ship , for then it should be 20 foot , but it is no more then 15 foot , just ¾ of the breadth , for too much racke with the Stem doth a great deale of damage to any Ship , if we consider that in this small Vessel , had we given 5 foot more Racke , all the weight of the Ships Head , and Boltspreet , Foremast , Manger , Halsps , Brest-hooks aloft , had been so much farther forward , where there would have been want of Bodie to lift it , so that it must of necessity be detriment to the Vessel when she saileth against a head sea , and a great strain to her . Now it will be very good to spend as much of this racke as we can under the water , for it will help the Ship to keepe a good Winde , by giving her something more Body in the water . Next draw the Water-line , in the following draught signified by the pricked line ; it is drawn to 9 foot height afore , and to 10 foot height abaft from the upper edge of the Keele , and higher abaft then afore , for the most Ships saile by the Sterne , and also for that the Guns should lie something higher abaft then afore from the water . Then proceed to hanging of the Waals , and here you see the lower Waalle drawne from the head of the Sterne-post , to signifie that it should lie against the end of the Transome , that the Transome Knees might be bolted to the Waals without board to one foot and an halfe under the Water-line , a little before the middle of the Water line , and at 9 foot high on the Stem , and the next Waale parallel to the lower Waale , one foot and an half asunder , so that the upper Waale will lie just at the waters edge , in the mid-ships , the upper edge of the Gun-deck will lie one foot aboye the water line abaft , and halfe a foot above water on the Stem ; so then letting the lower sell of the Ports be two foot from the Gun-decks ▪ the lower edge of the Ports wil be three foot from the water abaft , and two foot and an halfe afore , in the middle of the Gun-deck 2 foot 9 inches , sufficient for so small a Vessel , a greater Vessel would require to have the Guns something farther from the water , then if another Waale be required , first set off the Ports in their places , that the Waale may ly above the Ports , or else he would be cut with the ports in pieces , the upper Deck with height respecting the bignesse of the Ship , having respect to not over building small Ships , to damage their bearing of Sail. Then for the Head , the length of the Knee would be two thirds of the breadth , so then the Knee of the Head in this Draught will be 12 foot 8 inches long , and for his place , as low as conveniently he can , provided that the Rails of the Head , fall not fowl of the ha●shols , because that in placing of the Knee low , giveth room to round the Head , and steeve it to content : The place of the Knee will be at , or very neer , the upper Waal , the upper edge of the Knee against the upper edge of the uper harping , which will be very well for the lower Cheeks of the head to be faced against , for by that means they wil be clear of any Seame to avoid Leakings , and will very well bolt the end of the harping , if a Brest-hook be fastned also within board against them , will very well fasten all together . Then for the steeving of him , and rounding the Knee , a regard must be had to the lying of the Boltspreet , leaving room enough for the Lyon and Scrowl under the Boltsprit . Then ▪ for the rounding of the Rails , round them most at the after ends . For the heights between Decks and Steeridge , Cabine , Fore-Castle , those heights are commonly mentioned in contract by the Master or Owners building . Place this Draught at Page 8 cross-section of a ship's hull CHAP. IV. Shewing , how to sweepe out the Bend of Moulds upon a Flat . FIrst , draw a line , as the line AB , then in the middle thereof , as at the point C , raise a perpendicular , as is the line CM , perpendicular to the line AB ; then set off the halfe breadth , on either side , at the Points AB , and draw the two lines IA , and KB , parallels to CD , signifying the breadth of the Vessell 20 foot ; then draw the two lines EF , and HG , signifying the breadth of the Floare thwart Ships , 8 Foot , more then one third part of the breadth , which was formerly an old Proportion ; so that according to that it should have been but 6 Foot 8 Inches . Herein any may do as they please , give more or less ; my judgment is , rather more then less : for , that it maketh a Vessell to carry more in Burden , and I conceive it may , if it be well ended forward , it will not damage the Sayling : I also think , it doth stiffen a Vessell on this account . Our English Vessells have been used to have their breadth lying at the height of the Halfe Breadth , then observing 1 / 3 breadth for the length of the Floare Thwart Ships , it maketh the Vessells Body to be very neare a Circle , as is a Cask , which causeth such Vessells to be easie to slew in the Water ; yet I would not exceed neither , or run into extreams herein , but if I were to make a Vessell stiff , I would that the Halfe Breadth be more then the draught of Water , which causeth that the Body be stronger in the Water , and will not Slew so easily . Now to sweep out the Sides under Water , I draw the Diagonall lines DA , and DB ; then I divide the Diagonall lines into 9 parts , and set off 2 of them from the Corners A and B , to the points e , then I set off the Dead Rising , which is 4 Inches , one Inch to a Foot , for halfe the breadth represented in the Figure above , by the little line parallel to FG : from which Dead Rising , take with the Compasses the Distance that will draw a piece of an Arch from ● to ● , and so as one foot of the Compasses stand in the line EF , and exactly touch the points at the Dead-Rising , at f or g , and touch also the points e , over which point falls at ⊙ , in EF , or ⊙ in HG , wherewith I describe the Arch e F , or e G , which is by the Scale in the Draught 4 Foot 8 Inches : then for the other part of the Side upwards , seek for a Point in the breadth line IK , at which , if one foot of the Compasses be set , and the other foot opened to the Extreame Breadth , will also draw , or signifie an Arch to meet with the other Lower Arch , on the Diagonall line at e , which is at the points ⊙ and ⊙ ; thus the point ⊙ , between D and K , neere H , Sweepeth the contrary Side I e , and so the point ⊙ , between DI , neere E , Sweepeth the contrary side at K , extend the same Sweepe also above the Breadth line above Water 3 or 4 Foot , the length of this Sweepe is 12 Foot 9 Inches : then set off the Tumbling Home , at the Height of the two first Haanses , at the Maine Mast and Foarcastle , 2 foot of a side ; then draw a line from the said 2 Foot of Narrowing , at the points o v , till it break off on the back of the Sweep , on either side . This kinde of Demonstration I conceive most suitable to our following discourse of Arithmeticall Work , I could have cited other wayes , but I Judge this way sufficient . CHAP. V. The Description of the Rising Lines aftward on , and forward on ; with the Narrowing Lines , and Lines of Breadth : As also the Narrowing Lines at the top of the Timbers . DRaw a Hanging line on the Draught , from the Keele , from the middle of the Keele to the height of the Water line , on the Post which will be the Rising line , as the line DE ; this line DE is supposed to be sweept , or drawn by a Semidiameter of a Circle , extended on a Perpendicular raised at the point E , for if it be shorter then such a Semidiameter of the true Circle , it will make a fuller line then it should be , and so must not be so long , or else it will make a breach at the beginning of the line ; this , if the Centre be supposed to be Abaft such a Perpendicular , that should draw a Rising line Abaft , I say , that it will shorten the Rising line , and make it fuller then it should be ; or then if it be farther forward , it will be straighter then a Circle , and also be a breach at the beginning of the Rising line ; therefore it should be a Circle , I say , whose Semidiameter will be on the Perpendicular line , at the beginning of any such Rising line , on the Heele , either Afoare , or Abaft , and the like ought to be for all other crooked lines , as the narrowing lines Abaft , or Afoare , or at the Narrowing of the Floare , or other Circular lines , as Hanging of Waals , and the like ; the way whereof I shall describe , to finde the lengths of all such Sweeps by Arithmetick ; as also the true Rising , Narrowing of any Timber , according to exact peeces of Circles , very usefull for the setting of Bows , to trie whether they hang to a true Sweepe or no : I shall demonstrate it , I say , in the following discourse , and in this place end what I intend to say . For Demonstration then , At ¾ of the Keele forward I draw a Rising line forward to the height of the Water line , forward on the Stemm , as you see the line op ; and the little line , between these two lines , parallel to the inside of the Keele , marked Eo , is the dead rising 4 inches high , as in the bend of Moulds it is parallel to FG , the height of the breadth from the Mid-Ship forward is the lower Edge of the upper Waale ; but afterward on it is the pricked line , between the Water line and the lower Waale , on the Post , which runneth forward to the edge of the Waale , and hath Figures set to it , to signifie the places of the Timbers marked 1 , 2 , 3 , 4 , 5 , to 15 ; as you see answers to the Figures on the Keele : and the Letters set to forward on , signifie the places of the Timbers forward , marked ABCD to L , in the middle of the Vessel : the places marked with a Cipher signifie the Flats , which have onely Dead rising , although they ought to have , some of them , something more Dead rising then each other ; and those that have least , to be placed in the middle of the rest , that so there be no Clings in the Buldge , but that it have also a little Hanging in it , it will seeme the fairer : Then I draw a straight line , parallel to the bottome of the Keele , as is the line FG , parallel to the line AB , the Keele , and distant 10 foot by the Scale , which is the halfe breadth of the Vessell ; for this line signifieth a line stretched from the middle of the Sterne-Post to the middle of the Stem , called by Ship-wrightes , a Ram-line : Parallel to this Middle line I draw another line straight , marked nm , and is 4 foot asunder from the Middle line , to signifie the halfe length of the Floare thwartships , as in the Bend of Moulds EF is distant from DC 4 Foote : then I draw a Crooked line Abaft , within this line nm , to signifie the narrowing of the Floare , to bring , or forme the Vessels way Abast , as you see the line ik ; Abaft and Afoare it is represented by the line lo : then here in this Draught I draw a Sweepe , or a piece of a Circle , from the point G , the marke of the Timber G , on the Keele , to the halfe breadth of the Stemm , to the point G on the Stemm , signifying the Sweep of the Harping , and is Sweept by the breadth of the Vessell 20 Foot ; the piece of the Pricked Circle Abaft at the Starne , which is drawn by a Centre on the line FG , is the length of the Transom thwart the Starne , as is the Arch FS , the length whereof is 8 Foot , which doubled is 16 Foot , for the whole length : which is ⅘ of the breadth 20 Foot , the length of the Sweepe that sweepeth it is the length of the Starnpost to the bottome of the Keele 14 Foot ⅓ , then the Crooked line , from the end of the Transom , or from the point S , and toucheth the Keele at the point p : this Arch Sp , is the narrowing line Abaft at the breadth , and the Crooked pricked line within the Keele , marked with TR , is a Rising line , to order a hollow Moulde by the Timbers , are placed at 2 Foot Timber and Roome , as you may see by the Scale , the line drawne from the Poope to the Foar-Castle , marked by the letters VW , is a line signifying the breadth of the Vessell , at the top of the side , from the top of the Poope to the Fore-Castle , the top of the Poop is in breadth 10 Foot , halfe the breadth at the beame ; the use of this line is in ordering of the Moulds , to stedy the Head of the Top-Timber Mould , to find his breadth aloft . CHAP. VI. Shewing the Making and graduating , or marking of the Bend of Molds . REpaire to some House that hath some Roome or other broad enough to demonstrate the breadth of the Vessell , and height enough for the top of the Poope in the length of the Roome ; or else if you cannot finde such a Roome convenient , lay boards together , or planks , that may be large enough for your business , as in the following Scheame you see ; First , a long square made for the breadth of the Vessell , as in the following Figure IABK : then make the Moulds by their Sweepes , and make Sirmarks to them for the laying of them together in their true places , off first the Mould , for the Floare being made , you may make a Sirmarke by the line EF , on the head of the Floare Mould , and another on the foot of the Navill Timber Mould , at the same place , to signifie , that those two marks put together , they are in their true places , and will compare so when any Timbers are Molded by them : those Sirmarks must also be marked off on the Timbers , and so in putting the Timbers up in the frame , a regard being had to compare Sirmarks with Hirmarks , each Timber will finde his own place , and come to his own breadth , and give the Vessell that forme assigned her by your Draught , if it be wrought by it , and so for all the other Moulds . In making your Moulds , that they may be smaller and smaller upwards , and not all of a bigness , you may measure the depth of the Side in the Mid Ships Circular , as it goeth from the Keele to the top of the Side , as here the Side , as it Roundeth , is 26 foot , and in depth at the Rounheads , or at the end of the Floare , is one Foot , as m m ; and at the other end , at the head of the Timber is but halfe a Foot , as at n n , so then drawing two lines , as the lines n m , represents the diminishing of the Moulds in thickness upwards , as those two lines representeth ; as if you would finde the thickness of the Timbers at the breadth , take your 2 Foot Rule , and measure the length from the end of the Floare at the point F to I , at the breadth in the crooked body , and it is 11 Foot 9 Inches , signified at the Sirmarks there , those two lines shew the thickness to be 9 Inches ; and so thick ought the Moulds to be at the breadth of the Vessell . Now I have briefly touched the Demonstration of a Ship , by Projection , I shall now come to an Arithmeticall way , farr surpassing any Demonstration for exactness . CHAP. VII . Arithmetically shewing how to frame the body of a Ship by Segments of Circles : being a true way to examine the truth of a Bow. LEt A B represent the length of a Rising line 12 foot long , or 144 inches , the height whereof let be B C , 5 foot , or 60 inches , to finde the side D E , or D A , the radius of the circle A C , whereto A D is the Semidiameter ; multiply the side A B 144 inches in it self , and so cometh 20736 , which sum divide 144 144 576 576 144 20736 by the side B C , the height of the rising 60 inches , and so cometh 345 , and 3●6 / 60 , which is abreviated 3 ; unto this 345 ● / ● must be added again the height of the Rising , the side B e , 60 , which make 405 3 of an inch , which is the whole Diameter of the Circle , the half whereof is 202 1 / ● inches , and something more , near ● / 4 , therefore we will avoide the fraction , and account it 203 ▪ inches , or 16 foot 11 inches , which is the length of the Sweep , or the side D E , and so in all other Sweeps given whatsoever ; the Rule is generall , and holds true in all things : as to finde the Sweepe at once , that will round any Beame , or other piece of Timber that is to be Sweept ; remembring , that if it be a Beame , you are to finde the Sweepe you take but the half of his length . 23 ( 3 20736 ( 345 6000 66 Example , As if the Beame be 30 foot in length , and to round one foot , you must Work by 15 , the halfe length of the Beame ; and turne 15 foot into inches , by multiplying 15 by 12 , so cometh 180 inches : remember the length of the Rising line , if it be to finde the Sweepe , it must be multiplied by it selfe , or the halfe length of the Timber must be Multiplied in it selfe , as 180 by 180 , so cometh 32400 , which must be divided by 12 the rounding , cometh in the quotient 2700 , to which must be added the 12 again , the rounding of the piece , and so it is 2712 the whole Circle , the halfe of this 2712 is 1356 for the length of the Sweep , and so in all other matters where the Sweepe is required : This I read in Mr. Gunters Book , where he calls it the halfe Chord , being given , and the Versed fine , to finde the Diameter , and Semidiameter of the circle thereto belonging : Example in the Draught foregoing . Where the length of the Rising line is from the point E , to the point i , 32 foot ; and half the height thereof is the line D i , 10 foot : turne both Summs into inches , as 32 foot multiplyed by 12 produceth , adding the ½ foot 6 inches , 390 inches length for the Rising line : then turn the height of the Rising into inches , as 10 foot multiplied by 12 , produceth 120 inches , from which 4 inches must be substracted , because of the dead Rising is 4 inches , so then the height is 116 inches : Now multiply the length 390 inches by it self , 390 maketh 152100. 390 390 000 3510 1170 152100 This Multiplication of the summ 152100 , must be divided by 116 inches , the height of the Rising , and so cometh in the quotient of the devision 1311 inches ; unto this 1311 inches , must be added the 116 inches , the height of the Rising 116 / 1427 , and it maketh 1427 , which is the whole 112 3323 46344 152100 ( 1311 116666 0111 11 Circle : divide it by 2 , to finde the half of it , so have you in the quotient 713 inches ½ inch for the length of the Sweep , which divided by 12 , to bring it into feet , maketh 59 feet , 5 inches and a halfe , and so for all other Circular lines whatever , when the length is known , and the rounding of them also known ; as for the hanging of Waals , the height of them known in the Midships from the Keele , substracted from the height , at the Post , and that will be the hanging of them , which is the same with the height of the Rising line on the Post , in the Arithmeticall Work , and is the same with the Versed sine in Geometry ; these I think Examples sufficient , to signifie the Construction of this way of Working by Sweepes . 1 1427 ( 713 222 It followeth now that I shew the manner of finding the Risings of Timbers by Arithmetick also . To finde the Rising of the line F E , in the Figure foregoing . The Sweepe being first found to be as before 203 inches , as the side D E signifieth , then there is known the side E G , 108 inches ; now these two sides being given , we are to finde the third side D G , so here is made a right Angled Triangle , two sides thereof are given to finde a third , which to do , proceed thus ; Multiply the two sides given by themselves , and substract the Multiplication of the shortest side , from the Multiplication made of the other sides , and extract the square Root of the remainder , so have you the third side sought for . Example in the following Triangle . Having the side D C , 12 foot , which is 144 inches ▪ and the side A C , 10 foot , otherwise 120 inches ; to finde the side D A , multiply the sides given , in themselves , which is called squaring of them : as , multiply the side D C , 144 inches , by 144 inches , so cometh 20736. Then multiply the other side A C 120 also by it self , so cometh in the quotient 14400 , which must be substracted from the other Multiplication , as you see , so cometh in the quotient 6336 , from which the greatest square must be extracted , called extraction of the square root , 144 144 576 576 144 20736 120 120 000 240 120 14400 20736 14400 6336 which is 79 inches , and almost another by the Fraction , that is 6 foot , and very near 8 inches . 1 595 147 6●3● ( 79 14 Note , These Demonstrations , this and the former , are laid down by the first Scale , made to shew the Demonstration of a Scale in this Book , at the beginning . Another Example . So in the last Figure foregoing but one , the side D E , 203 inches , which squared , or multiplied in it self , is 41209. 203 203 609 000 406 41209 Then the other side G E , 108 , multiplied in it selfe , which is squaring of it , is 12664 , as you see . 108 108 864 000 168 11664 Which substracted from the other multiplication , as 11664 substracted from 41209 , resteth 29545 , the square Root extracted from it , or the side of the greatest square that can be taken from the substraction being found , is 171 , and ¾ ; which 171 ¾ , substracted from 203 , the length of the Sweepe for one side , is alwayes the length of the Sweepe , resteth 31 inches ¼ , for the Rising of the line E F , and the like for any other Rising . 41209 11664 29545 ( 3 156 ( 08 29549 ( ●7 .2 . 34 Another Example . As at the place K I , the Rising thereof is required , the side D I is as D E , 203 inches . Note , The length of the Sweepe being found , alwayes is one of the sides , in the finding the Rising of any Timber , and is alwayes one of the numbers , which when you have squared , note in a piece of Paper by it self , where you may alwayes see what it is , so that in the finding of Risings , after the Sweepe is found , all you have to do , is to know how many feet , or inches , the Timber you seek for is removed from the beginning , or foot of the Rising line , which is the second side , and in this third Example it is 11 foot , or 132 inches K I , from the foot of the line A , which squared , is 17424 , which must be substracted from the square made of Radius , which in the other example is 41209 , and so resteth 23775 , from which extract the side of the Square therein contained , and it is 154 inches and ¼ , which substracted from the length of the Sweep , leaveth 48 inches for the Rising , and ¾ inches , or 4 foot , and ¾ of an inch , and so much is the Rising of the said Timber . 132 132 264 396 132 17424 41209 17424 23775 10 132 ( 69 23785 ( 154 .2.0 . 3 One Example in the Draught , The length of that Sweepe we found heretofore to be 713 inches , then we will seek to finde the Rising for Timber 13 , standing aft from the point E , or foot of the Rising line 324 inches , these are the given Sides ; then proceed ; square the Semidiameter of the Sweepe 713 , so it maketh squared 508363 ; then square the distance of the Timber 13 , which is 324 , and it maketh 104976 ; these substracted from the former figures , resteth 403387 , the square Root thereof is 635 ¼ , nearest , which substracted from the Radius 713 , resteth 77 inches and ¼ , that is 6 foot 5 inches , which with 4 inches Dead Rising , is 6 foot 9 inches ¼ ; and so much is the Rising of Timber 13 from the Keele . I suppose these Examples are sufficient to illustrate the truth and plainness of this Arithmeticall Work , for the truth of it ; it hath this to say for it self , that it is the very exact truth it self : The great Objection may be , that many know not the way to Extract the Square Root , and therefore cannot attaine to this Work , by reason of that let , or hinderance . To this I Answer , There are many Books that will instruct thee in it , that thou mayest buy , or borrow ; but to answer thee better , I will briefly shew thee the manner of Extracting the Square , not doubting but thou canst performe Addition , Substraction , Multiplication , and Division already . CHAP. VIII . How to Extract the Square Root . KNow then that a square number hath its sides equall every way , as are the sides of 4 , represented by ⸬ pricks ; and you see that every way of all the 4 sides it containeth 2 , and so 2 times 2 , make 4 , which is the squaring of a number , so you see ⋮ ⋮ ⋮ 9 pricks is a square , or 9 is a square number , whose side is 3 , and 3 times 3 make 9 , but 2 times 3 is not a square number , as you see : : : , being but 2 one way , and the other way 3 , that make but 6 ; so then all the numbers between 4 and 9 , are not square numbers : by the like reason , a square , made of the Next square number 4 is 16 , for 4 times 4 is 16 , as by the Pricks you may see it represented here , every of the 4 sides containing 4 , make a squared number of 16 , and all the numbers that are between 9 and 16 , as 2 times 4 , or 3 times 4 , are not squares , but have a fraction annexed to them ; so also any number betwen 16 and 25 , are not squares , as 4 times 5 , or 2 times 5 , or 3 times 5 , these are not square numbers , but 5 times 5 is a squared number , and maketh 25 , where note , that to square a number , and to extract the square root , is two different things ; for when we say , to square a number , is to multiply it in it self , or by it itselfe ; or Thus you may conceive of the Squares of 6 , for 6 times 6 make 36 ; 7 times 7 make 49 ; 8 times 8 make 64 ; 9 times 9 make 81 ; 10 times 10 make 100 : there is all the squares made of the 9 Figures , expressed by this little Table annexed , as against each Figure is the square made of them , as 2 times 2 is 4 , so is 4 against 2 , as you see . 1 1 2 4 3 9 4 16 5 25 6 36 7 49 8 64 9 81 10 100 Now to extract the square Root from greater numbers , as from 144 proceed thus , write downe the summe given , as followeth , and make a quotient on the right hand , as you see , then set pricks under every other figure beginning at the right hand , and set pricks towards the left hand , under every other figure , so in this number 144 , consisting of 3 figures , there is 2 pricks , and so many figures must the quotient consist of ; then begin at the left hand of the summ , and say , or enquire for the greatest square in the figure , or figures , over the first prick , at the left hand , which here is but 1 , therefore you can take but 1 , for 1 is alwayes the Square , or Cube of 1 , therefore write 1 in the quotient , and substract that 1 from the 1 over the left hand prick , 144 ( .. 0 144 ( 1 .. and Cancell it , nothing remainining , write a Cipher over it , as you see , so have you one figure of the quotient , then double your figure found in the quotient , as 2 times 1 is 2 ; write that 2 under the figure between the next prickes , which is the Divisor for the second figure , then say , how many times 2 can I have in 4 , over the Divisor , I say 2 , therefore I write 2 in the quotient , saying , 2 times 2 is 4 , which substract from the 4 over head , Cancell the Divisor , and the 4 over head , and write a Cipher over it , then square the last figure found in the quotient , saying , 2 times 2 is 4 , which substract from the 4 over the prick , and so resteth 0 , therefore cancell the 4 , and write Ciphers over head , signifying , that the number given to finde the roote of , is a just square number , the roote or side is 12 , the proofe hereof is by Multiplication of the quotient in it self , as 12 by 12 make 144 , which , if it be the same with the summ given to be Extracted , it is rightly done ▪ if it do not agree , it is not true . 000 144 ( 12 .2 . Example of another Summ. Let 625 be given to finde the Square Root of it , write down the summ , make a quotient , and set pricks under every other figure ; then enquire for the greatest square in the figure , over the pricke , at the left hand ; I say , 2 is the greatest square can be taken : for 3 times 3 is 9 , and here the figure is but 6 ; so I write 2 in the quotient , and square it , saying , 2 times 2 is 4 , taken from 6 , so resteth 2 ; I cancell the 6 , and write 2 2 625 ( 2 .. over it , as you see , then double the figure in the quotient , saying , 2 times 2 is 4 ; this 4 is the second Divisor , I write it between the two next pricks , and say , how many times 4 , can I have in 22 , and I finde 5 times ; for 5 times 4 is 20 , taken from 22 , the figures over 4 , so resteth 2 ; therefore I write 5 in the quotient , and saying , 5 times 4 make 20 ▪ therefore I cancell the 4 Divisor , and the 22 , and write 2 overhead , then square the last figure found , 5 by 5 make 25 , taken from 25 over head ▪ resteth nothing , so the number given is a square number . 2 625 ( 2 .4 . 22 625 ( 25 .4 . 22 625 ( 25 .4 . A Summ of 5476 , given to finde the nearest Square Root in it , write down the Summ , and make a quotient and prick underneath , as afore shewed ; say , What is the greatest Square in the figures over the left hand prick ? and I finde it to be 7 , for 7 times 7 make 49 , but 8 times 8 make 64 , 10 too much , therefore I write 7 in the quotient , and take 7 times 7 , that is 49 from 54 , so resteth 5 , which I write over the prick , and Cancell the 5 and the 4 ; then I double the figure in the quotient , which maketh 14 , for the Divisor , I write the first figure of the Divisor , if there be more then 1 under the figure , between the two next pricks , and all the other figures , in their places , toward the left hand ; then inquire how many times can 1 be taken from 5 , overhead , and I finde it may be taken 4 times ; I write therefore 4 ▪ 5 5476 ( 7 .. 1 51 5476 ( 74 .. 14 in the quotient , and say , 4 times 1 is 4 , from 5 ; so resteth 1 : I Cancell the 1 and the 5 , and write 1 over the 5 , then I say , 4 times 4 make 16 , from 17 resteth 1 : I Cancell the 4 Divisor , and write 1 over 7 , and Cancell the other 1 and the 7 ; then I square the last figure found , for so it must be at every prick , 4 times 4 make 16 , which I substract from the 16 over the last prick , and so I see nothing remaineth , that sheweth the sum given , to be a just square summ . 10 510 5476 ( 74 .. 14 Example of another Summ. As if 528563 be given to finde the greatest side of the Square therein , I write down the Summ , as followeth , and make the quotient , and set the pricks under every other figure , as you see ; and seeing there is 3 pricks , it telleth , that there must be 3 figures in the quotient , then beginning at the figures over the left hand pricke , I take the greatest square in 52 , and I finde it 7 , for 7 times 7 make 49 ; therefore I write down 7 in the quotient , and Substract 49 from 52 , so resteth 3 , therefore Cancell the 52 , and write 3 over the 2 , as you see ; then double the quotient 7 , it maketh 14 , for a new Divisor , which write down , the first figure thereof , under the figure between the two next pricks , namely 4 under 8 , and the other figure of the Divisor one place farther to the left hand , under the 3 , as you see ; then take the Divisor 1 as many times as you can , from the figure 3 528563 ( 7 ... 3 528563 ( 7 ... 14 3 over head , so as that after the Division be made , there may be the square of the last figure of the quotient , taken from the figures over the next prick , as I can take 1 but 2 times from 2 , therefore I write 2 in the quotient , and Cancell the Divisor 1 , saying , 2 times 1 is 2 , from 3 ; so resteth 1 : I Cancell the figure 3 also , and write 1 overhead , as you see : then 2 times 4 is 8 , from 8 over head resteth nothing ; therefore I Cancell the second figure of the Divisor , 4 and 8 , and write a Cipher over 8 , as you see ; then the next place being a prick , I must square the last figure found , saying , 2 times 2 make 4 , from 5 ; the figure over the prick resteth 1 , as you see ; therefore I Cancell the 5 , and write 1 over it , as you see , and here is a fraction of 101. 1 30 528563 ( 72 14 1 301 528563 ( 72 14 Then for a new Divisor , Double the quotient 72 , and it makes 144 , which is a new Divisor , the first figure thereof write under the figure between the next pricks , as the first 4 under 6 , in the summ ; and the other figures towards the left hand , in the order as you see : then , how many times 1 in 10 over head , and I see I cannot take 8 times , for that there will not be left to take out the other figures from , nor for the square of the last figure , which if it were 8 , would be 64 from the figure over the pricke , therefore I take but 7 , for by a light examination I see that will doe , therefore I write down 7 in the quotient , and proceed to the 1 301 528563 ( 727 14 4 14 Division , thus , 7 times 1 is 7 , from 10 over head remaineth 3 , which I write down , and Cancell the 10 , as you see ; then 7 times 4 is 28 , from 31 over head , so remaineth 3 , which I also write down , and Cancell the 31 ; then again , 7 times 4 , the other figure of the Divisor , is also 28 , which taken from 36 over head , resteth 8 , which I write down over 6 , and so Cancell the 36 , and then the Summ standeth as you see . 13 301 528563 ( 727 14 4 14 133 301 528563 ( 727 14 4 14 133 3018 528563 ( 727 14 4 14 133 ( 3 530●8 ( 4 528563 ( 727 14 4 14 Then lastly , square the last figure of the quotient , 7 times 7 make 49 , taken from 83 , the figures over the prick , resteth 34 , as a fraction , and the Summ is finished : But in regard here is a fraction , by that it tells you , that the Summ given was no square number ; and the greatest square therein is 727 , the proofe is by Multiplication adding in the fraction thus , 727 Multiplied by 727 , make 528529 , then adding in the fraction of 34 , maketh it 528563 , the just Summ given . But some may Object , and say , That this is a very tedious way of Work , and will take up a great deale of time ; It is true , it is more labour then demonstration , but the truth of it might very well plead for patience to Work it , but it is not necessary you performe all the parts by it , that is , in every particular : as the exact hanging of the Waal at every Timber , but it may suffice at every third or fourth Timber , to finde the hanging of the Waals , onely the Risings alow , afoare and abaft , I would work to every Timber there . But to make it more briefe , here followeth a Table that the numbers are therein contrived to the same purpose , to avoide the tedious Extraction of the Root , and onely use Addition and Substraction , onely being but a very little difference between the finding the Risings by this Table , and by the Draught , for in this kinde of Arithmeticall Work , it mattereth not , whether or no there be any Draught drawn at all , or no , if the builder onely note in his Book the length by the Keele , and the breadth at the Beame , the Racke of the Stem , Racke of the Post , depth of the Water , to Sayle in depth of the Hould , height of the Waals abaft , afoare , at the Midships , and all the remarkable things to be noted , he may be able to Build a Vessell , and never draw a Draught at all , and yet affirm his Worke to be absolutely true , according to Art , and a great deale more exact then by Draught : I shall in few words shew you the use of the Table , and so conclude . CHAP. IX . A Description of the Table of Squares . TO save the Practitioner a labour of Extracting of Roots , for here they are ready done to thy hand of purpose , and all the use of Arithmetick required is onely Substraction , as Example in the Figure of the Sweep foregoing , being found to be 203 inches , as you saw it found before , which is , I say , alwayes one side of the Triangle , made of the side DI , then knowing the length of ●I , 132 inches , which is the distance of the point , of which the Rising is sought at ; seek in the Tables , under the Title of inches , at the head of the Tables , for 132 , you will finde it in the second Page , and the twelfth line ; and right against it , in the same line , under the next Title of Squares , you have 17424 , the square made of 132 , which Substract from the Square made of 203 , which is 41209 , which is found in the second Page of the Tables , and the third line : Now the other number 17424 , Substracted from 41209 , so resteth 23775 ; seek the number nearest to it in the Table , under the Title of Squares , which you will finde in the second Page , 34 line , you finde not just the same number , for in stead of 23775 , you finde 23716 too little by 59 , and the Root answering thereto , is in the same line , under the Title of inches , towards the left hand , which is 154 ; now if you take the next square lower to the left hand 35 line , it is 24025 , 250 too much , so you may see it is nearer to the 34th line , because there it was too little but by 59 , so that you may see it will be ¾ of an inch less then the number of inches , belonging to the 35th line , and about ¼ of an inch more then the numbers in the 34th line ; so that you see it is answered , the third side D 0 is 154 , and ¼ of an inch , which Substracted from the whole Sweep 203 , leaveth 48¾ inches for the Rising , so you have no need of extraction of the Rootes by these Tables , it is already done to your hand ; the Columne that is between the inches and the squares , and written feet inches in the head , is to shew you , how may feet , and inches of the foot any number of inches is ; as here , the number 203 inches sought , and found in the Tables , in the second page , and third line , just against it , in the same line , between that and the squares , is 16 — 11 , shewing that it is 16 feet and 11 inches ; or if the square were given , as 41209 , found at the second page , and third line , next toward the left hand , you have 16 foot , 11 inches ; and if you seek for it in inches , in the third Columne toward the left hand , and the same line , you have 203 inches : Thus is it very ready to reduce inches into foot measure , or feet into inches . Another Example . In the same figure , to finde the Rising at the point F , the sweep being 203 inches , as before is said , is alwayes one side , throughout the whole Work of the same Rising line is 41209 , as is found in the second page , the third line ; the other fide from the point A to F , is 9 foot , or 108 inches , whose square is 11664 , found in the first page , and the 28th line ; now substract the square made of the side A F , 11664 , from the square of the side D E , so remaineth 29545 41209 11664 29545 Seek in the Table of squares for that number , and I finde in the second page , and 12 line , and the sixth Columne , 29584 , the nearest number to it , yet it is a little too much near the ¼ of an inch ; and toward the left hand in the same line , the next Column under the title feet inch , you finde 14 ; 4 signifying that to be 14 foot , 4 inches : and in one Columne more to the left hand , and the same line , you see under the Title of inches 172 over the head you tituled inches , which must be subracted from 203 inch , so remaineth 3 inches for the Rising of F E , which is 2 foot , 7 inches , as in the first page of the Table , and the 31 line . 203 172 031 These few Examples I think may be sufficient to shew the use of the following Tables of squares , the benefit where of may be very great , for such as shall make use of the same : If any desire the finding of the Fractions of these squares , when he findeth not his just figures in the squares , let him do thus , substract the Figures under his number , from the Figures above his number , which shall be the denominator , then these Figures given , substracted , from which the next squares less , shall be the denominator to that Fraction . As for Example , In the foregoing figures , after substraction , should have been 29553 ; the nearest agreeing in the Tables , is 29584 , the next lesser square number in the Table is 29241 , which is more a great deale too little , then the other is too great ; then substract the lesser square number 29241 , from 29584 , and so resteth 343 , which must be the denominator , then again substract the true number given , 29553 , the next lesser square number in the Table is 29241 , which must be substracted , I say , from the true number given , 29553 , and so resteth after substraction 312 , which is the Numerator to the Fraction , and must be thus written , ● so then the number belonging to 29584 , is 171 inches , and 312 / 343 parts of an inch , which being abreviated , is something more then ¼ of one inch , and not full ⅞ of one inch . 29584 29241 343 Thus he that pleaseth may finde the rising of any Timber , or narrowing of any place by these Tables and the help of Substraction , exactly to any Circle whatsoever , but it may suffice , that a Man , going to his Tables , may see which square his figures have greatest affinity with , and may estimate the difference near enough , without seeking for the fraction , which will be easily known by much practise herein . HEre followeth a Table of Square Roots , ready Extracted , from one Inch to 1300 Inches , which is to 108 foot ▪ and 4 Inches , and it is thus contraved , That from one Inch , to 840 Inches , all the Inches are reduced into Feet and Inches ▪ for the ease and help of Workmen , who alway take their Measures by Feet and Inches ; but from thence to the end of the table you have the Inches onely , and the Squares thereof against them as the Titles over every Page do make appear . A Table of Square Roots . Inch Feet Inches Squares 1   1 1 2   2 4 3   3 9 4   4 16 5   5 25 6   6 36 7   7 49 8   8 64 9   9 81 10   10 100 11   11 121 12 1 00 144 13 1 1 169 14 1 2 196 15 1 3 225 16 1 4 256 17 1 5 289 18 1 6 324 19 1 7 361 20 1 8 400 21 1 9 441 22 1 10 484 23 1 11 529 24 2 00 576 25 2 01 625 26 2 2 676 27 2 3 729 28 2 4 784 29 2 5 841 30 2 6 900 31 2 7 961 32 2 8 1024 33 2 9 1089 34 2 10 1156 35 2 11 1225 36 3 00 1296 37 3 1 1369 38 3 2 1444 39 3 3 1521 40 3 4 1600 41 3 5 16●1 42 3 6 1764 43 3 7 1849 44 3 8 1936 45 3 9 2025 46 3 10 2116 47 3 11 2209 48 4 00 2304 49 4 1 2401 50 4 2 2500 51 4 3 2601 52 4 4 2704 53 4 5 2809 54 4 6 2916 55 4 7 3025 56 4 8 3136 57 4 9 3249 58 4 10 3364 59 4 11 3481 60 5 00 3600 61 5 1 3721 62 5 2 3844 63 5 3 3964 64 5 4 4096 65 5 5 4225 66 5 6 4356 67 5 7 4489 68 5 8 4624 69 5 9 4761 70 5 10 4900 71 5 11 5041 72 6 00 5184 73 6 1 5329 74 6 2 5476 75 6 3 5625 76 6 4 5776 77 6 5 5929 78 6 6 6084 79 6 7 6241 80 6 8 6400 81 6 9 6561 82 6 10 6724 83 6 11 6889 84 7 00 7056 85 7 1 7225 86 7 2 7396 87 7 3 7569 88 7 4 7744 89 7 5 7921 90 7 6 8●00 91 7 7 8●81 92 7 8 8464 93 7 9 8649 94 7 10 8836 95 7 11 9025 96 8 0 9226 97 8 1 9409 98 8 2 9604 99 8 3 9801 100 8 4 10000 101 8 5 10201 102 8 6 10404 103 8 7 10609 104 8 8 10816 105 8 9 11025 106 8 10 11236 107 8 11 11449 108 9 0 11664 109 9 1 11881 110 9 2 12100 111 9 3 12321 112 9 4 12544 113 9 5 12769 114 9 6 12996 115 9 7 13225 116 9 8 13456 117 9 9 13689 118 9 10 13924 219 9 11 14162 120 10 0 14400 121 10 1 14641 122 10 2 14884 123 10 3 15229 124 10 4 15376 125 10 5 15625 126 10 6 15876 127 10 7 16029 128 10 8 16384 129 10 9 16641 130 10 10 16900 131 10 11 17161 132 11 00 17424 133 11 1 17689 134 11 2 17956 135 11 3 18225 136 11 4 18496 137 11 5 18769 138 11 6 19044 139 11 7 19321 140 11 8 19600 141 11 9 19881 142 11 10 20164 143 11 11 20449 144 12 00 20736 145 12 01 21025 146 12 2 22416 147 12 3 21609 148 12 4 21904 149 12 5 22201 150 12 6 22500 151 12 7 22801 152 12 8 23104 153 12 9 23409 154 12 10 23716 155 12 11 24025 156 13 00 24336 157 13 1 24649 158 13 2 24964 159 13 3 25381 160 13 4 25600 161 13 5 25921 162 13 6 26244 163 13 7 26569 164 13 8 26956 165 13 9 27225 166 13 10 27556 167 13 11 27889 168 14 00 28224 169 14 1 28561 170 14 2 28900 171 14 3 29241 172 14 4 29584 173 14 5 29929 174 14 6 30276 175 14 7 30625 176 14 8 31076 177 14 9 31329 178 14 10 31684 179 14 11 32041 180 15 00 32400 181 15 1 32761 182 15 2 33124 183 15 3 33489 184 15 4 33856 185 15 5 34025 186 15 6 34596 187 15 7 34969 188 15 8 35344 189 15 9 35721 190 15 10 36100 191 15 11 36481 192 16 00 36864 193 16 1 37249 194 16 2 37636 195 16 3 38025 196 16 4 38416 197 16 5 38809 198 16 6 39204 199 16 7 39601 200 16 8 40000 201 16 9 40401 202 16 10 40844 203 16 11 41209 204 17 00 41616 205 17 1 42025 206 17 2 42436 207 17 3 42849 208 17 4 43264 209 17 5 43681 210 17 6 44100 211 17 7 44521 212 17 8 44944 213 17 9 45369 214 17 10 45796 215 17 11 46224 216 18 0 46656 217 18 1 47089 218 18 2 47524 219 18 3 47961 220 18 4 48400 221 18 5 48841 222 18 6 49284 223 18 7 49729 224 18 8 50176 225 18 9 50625 226 18 10 51076 227 18 11 51529 228 19 0 51984 229 19 1 52441 230 19 2 52900 231 19 3 53361 232 19 4 53824 233 19 5 54289 234 19 6 54656 235 19 7 55225 236 19 8 55696 237 19 9 56069 238 19 10 56644 239 19 11 57121 240 20 0 57600 241 20 1 58081 242 20 2 58564 243 20 3 59049 244 20 4 59536 245 20 5 60025 246 20 6 60516 247 20 7 61009 248 20 8 61504 249 20 9 62001 250 20 10 62500 251 20 11 63001 252 21 0 63504 253 21 1 64009 254 21 2 64516 255 21 3 65025 256 21 4 65536 257 21 5 66049 258 21 6 66564 259 21 7 67081 260 21 8 67600 261 21 9 68121 262 21 10 68644 263 21 11 69169 264 22 0 69596 265 22 1 70425 266 22 2 70756 267 22 3 71289 268 22 4 71824 269 22 5 72361 270 22 6 72900 271 22 7 73441 272 22 8 73984 273 22 9 74529 274 32 10 75076 275 22 11 75575 276 23 0 76176 277 23 1 76729 278 23 2 77284 279 23 3 77841 280 23 4 78400 281 23 5 78961 282 23 6 79524 283 23 7 80089 284 23 8 80656 285 23 9 81225 286 23 10 81796 287 23 11 82369 288 24 0 82944 289 24 1 83521 290 24 2 84100 291 24 3 84681 292 24 4 85264 293 24 5 85849 294 24 6 86436 295 24 7 87025 296 24 8 87616 297 24 9 88209 298 24 10 88804 299 24 11 89401 200 25 0 90000 301 25 1 90601 302 25 2 91204 303 25 3 91809 304 25 4 92416 305 25 5 93025 306 25 6 93636 307 25 7 94241 308 25 8 94864 309 25 9 95481 310 25 10 96100 311 25 11 96721 312 26 0 97344 313 26 1 97969 314 26 2 98596 315 26 3 99225 316 26 4 99856 317 26 5 100489 318 26 6 101124 319 26 7 101761 320 26 8 102400 321 26 9 103041 322 26 10 103684 323 26 11 104329 324 27 0 104976 325 27 1 105625 326 27 2 106276 327 27 3 106929 328 27 4 107584 329 27 5 108241 330 27 6 108900 331 27 7 109561 332 27 8 110224 333 27 9 110889 334 27 10 111556 335 27 11 112225 336 28 0 112896 337 28 1 113569 338 28 2 114244 339 28 3 114921 340 28 4 115600 341 28 5 116281 342 28 6 116964 343 28 7 117349 344 28 8 118336 345 28 9 119025 346 28 10 119716 347 28 11 120409 348 29 0 121104 349 29 1 121801 350 29 2 122505 351 29 3 123206 352 29 4 123909 353 29 5 124604 354 29 6 125311 355 29 7 126025 356 29 8 126736 357 29 9 127449 358 29 10 128164 359 29 11 128881 360 30 0 129600 361 30 1 130321 362 30 2 131044 363 30 3 131779 364 30 4 132496 365 30 5 133225 366 30 6 133956 367 30 7 134689 368 30 8 135424 369 30 9 136161 370 30 10 136900 371 30 11 137640 372 31 0 138384 373 31 1 139129 374 31 2 139876 375 31 3 140625 376 41 4 141676 377 31 5 142129 378 31 6 142984 379 31 7 143641 380 31 8 144400 381 31 9 145161 382 31 10 145924 383 31 11 146689 384 32 0 147456 385 32 1 148225 386 32 2 149006 387 32 3 149769 388 32 4 150544 389 32 5 151321 390 32 6 152210 391 32 7 152831 392 32 8 153664 393 32 9 15444● 394 32 10 155236 395 32 11 156025 396 33 0 156816 397 33 1 157609 398 33 2 158104 399 33 3 159201 400 33 4 160000 401 33 5 160801 402 33 6 161604 403 33 7 162409 404 33 8 163216 405 33 9 164025 406 33 10 164836 407 33 11 165649 408 34 0 166464 409 34 1 167281 410 34 2 168100 411 34 3 168921 412 34 4 169744 413 34 5 170569 414 34 6 171396 415 34 7 172225 416 34 8 173056 417 34 9 173889 418 34 10 1747●4 419 34 11 175561 420 35 0 176400 421 35 1 177241 422 35 2 178084 423 35 3 178959 424 35 4 17977● 425 35 5 180625 426 35 6 181476 427 35 7 182329 428 35 8 183184 429 35 9 184041 430 35 10 184900 431 35 11 185761 432 36 0 186624 433 36 1 187789 434 36 2 188●56 435 36 3 1898●5 436 36 4 190096 437 36 5 190960 438 36 6 191044 439 36 7 192721 440 36 8 193600 441 36 9 194481 442 36 10 195364 443 36 11 196249 444 37 0 197136 445 37 1 198025 446 37 2 198916 447 37 3 199809 448 37 4 200704 449 37 5 201601 450 37 6 202509 451 37 7 203401 452 37 8 204304 453 37 9 205●90 454 37 10 206116 455 37 11 2070●5 456 38 0 207936 457 38 1 208849 458 38 2 209●64 459 38 3 210681 460 38 4 2116●0 461 38 5 212521 462 38 6 213444 463 38 7 214369 464 38 8 215296 465 38 9 2162●5 466 38 10 217156 467 38 11 218089 468 39 0 219024 469 39 1 219961 470 39 2 220●●0 471 39 3 221841 472 39 4 222784 473 39 5 223729 474 39 6 224676 475 39 7 225625 476 39 8 226576 477 39 9 227429 478 39 10 228484 479 39 11 229141 480 40 0 2304●● 481 40 1 231361 482 40 2 232324 483 40 3 233289 484 40 4 234216 485 40 5 235225 486 40 6 236196 487 40 7 237●69 488 40 8 238144 489 40 9 239121 490 40 10 240100 491 40 11 240981 492 41 0 2420●4 493 41 1 243049 494 41 2 244036 495 41 3 245025 496 41 4 246016 497 41 5 246509 498 41 6 247004 499 41 7 249001 500 41 8 250000 501 41 9 251001 502 41 10 252004 503 41 11 253009 504 42 0 254016 505 42 1 255025 506 42 2 256036 507 42 3 257049 508 42 4 258064 509 42 5 269081 510 42 6 260100 511 42 7 261121 512 42 8 262144 513 42 9 363169 514 42 10 264196 515 42 11 265225 516 43 0 266256 517 43 1 267289 518 43 2 268324 519 43 3 269361 520 43 4 270400 521 43 5 271441 522 43 6 272448 523 43 7 273529 524 43 8 274576 525 43 9 275625 526 43 10 276676 527 43 11 2777●9 528 44 0 278784 529 44 1 280●41 530 44 2 280900 531 44 3 281961 532 44 4 284●24 533 44 5 2870●9 534 44 6 285156 535 44 7 286225 536 44 8 287296 537 44 9 288369 538 44 10 290444 539 44 11 290521 540 45 0 291600 541 45 1 292681 542 45 2 293764 543 45 3 294849 544 45 4 295936 545 45 5 297025 546 45 6 298016 547 45 7 299209 548 45 8 300304 549 45 9 301401 550 45 10 302500 551 45 11 303601 552 46 0 304704 553 46 1 305809 554 46 2 306916 555 46 3 308025 556 46 4 309136 557 46 5 310●49 558 46 6 311364 559 46 7 312481 560 46 8 313600 561 46 9 314721 562 46 10 315844 563 46 11 316969 564 47 0 318096 565 47 1 319225 566 47 2 320356 567 47 3 321489 568 47 4 322624 569 47 5 323761 570 47 6 324900 571 47 7 326041 572 47 8 327184 573 47 9 328329 574 47 10 330276 575 47 11 330625 576 48 0 331776 577 48 1 332929 578 48 2 384048 579 48 3 335241 580 48 4 336400 581 48 5 337561 582 48 6 338724 583 48 7 340089 584 48 8 341056 585 48 9 3422●5 586 48 10 343396 587 48 11 344669 588 49 0 345744 589 49 1 346921 590 49 2 348100 591 49 3 349281 592 49 4 350464 593 49 5 351649 594 49 6 352836 595 49 7 353925 596 49 8 354216 597 49 9 355409 598 49 10 356●04 599 49 11 358801 600 50 0 360000 601 50 1 361201 602 50 2 362404 603 50 3 363609 604 50 4 364816 605 50 5 366025 606 50 6 367236 607 50 7 368449 608 50 8 369664 609 50 9 370881 610 50 10 372100 611 50 11 373321 612 51 0 374544 613 51 1 375769 614 51 2 376996 615 51 3 378225 616 51 4 379456 617 51 5 380689 618 51 6 381924 619 51 7 383161 620 51 8 384400 621 51 9 385641 622 51 10 386884 623 51 11 388129 624 52 0 389376 625 52 1 390625 626 52 2 391876 627 52 3 393129 628 52 4 394384 629 52 5 395641 630 52 6 396900 631 52 7 398161 632 52 8 399424 633 52 9 400489 634 52 10 401956 635 52 11 403225 636 53 0 404496 637 53 1 405769 638 53 2 407044 639 53 3 408321 640 53 4 409600 641 53 5 410881 642 53 6 412164 643 53 7 413449 644 53 8 414736 645 53 9 416025 646 53 10 417316 647 53 11 418609 648 54 0 429904 649 54 1 421201 650 54 2 422500 651 54 3 423801 652 54 4 425104 653 54 5 426403 654 54 6 427716 655 54 7 429025 656 54 8 430336 657 54 9 431449 658 54 10 432969 659 54 11 434181 660 55 0 435600 661 55 1 436921 662 55 2 438244 663 55 3 439569 664 55 4 440896 665 55 5 442225 666 55 6 443556 667 55 7 444889 668 55 8 446224 669 55 9 447561 670 55 10 448900 671 55 11 450241 672 56 0 451544 673 56 1 452829 674 56 2 454276 675 56 3 455625 676 56 4 456976 677 56 5 458329 678 56 6 459684 679 56 7 461041 680 56 8 462400 681 56 9 463761 682 56 10 465124 683 56 11 466489 684 57 0 467856 685 57 1 469225 686 57 2 470596 687 57 3 471939 688 57 4 473344 689 57 5 475721 690 57 6 476700 691 57 7 477841 692 57 8 478864 693 57 9 480269 694 57 10 481636 695 57 11 482825 696 58 0 484416 697 58 1 485809 698 58 2 487204 699 58 3 488601 700 58 4 490000 701 58 5 491401 702 58 6 492804 703 58 7 494209 704 58 8 495616 705 58 9 497025 706 58 10 498436 707 58 11 498849 708 59 0 501264 709 59 1 502681 710 59 2 504100 711 59 3 505521 712 59 4 506944 713 59 5 508669 714 59 6 509796 715 59 7 511225 716 59 8 512656 717 59 9 514089 718 59 10 515824 719 59 11 516961 720 60 0 518400 721 60 1 519841 722 60 2 521284 723 60 3 522729 724 60 4 524176 725 60 5 525625 726 60 6 526976 727 60 7 528529 728 60 8 529984 729 60 9 521421 730 60 10 522900 731 60 11 524361 732 61 0 535844 733 61 1 537289 734 61 2 538656 735 61 3 540225 736 61 4 541696 737 61 5 543169 738 61 6 544644 739 61 7 546031 740 61 8 547600 741 61 9 549081 742 61 10 550564 743 61 11 552049 744 62 0 553436 745 62 1 555025 746 62 2 556516 747 62 3 558009 748 62 4 559504 749 62 5 561001 750 62 6 562500 751 62 7 564001 752 62 8 565504 753 62 9 567009 754 62 10 568516 755 62 11 570025 756 63 0 571536 757 63 1 573049 758 63 2 574564 759 63 3 576081 760 63 4 577600 761 63 5 579121 762 63 6 580644 763 63 7 582169 764 63 8 583696 765 63 9 585225 766 63 10 586756 767 63 11 588289 768 64 0 589824 769 64 1 591361 770 64 2 592900 771 64 3 594441 772 64 4 595984 773 64 5 597529 774 64 6 599076 775 64 7 600625 776 64 8 602176 777 64 9 604729 778 64 10 606284 779 64 11 607841 780 65 0 608400 781 65 1 609961 782 65 2 611524 783 95 3 613099 784 65 4 614656 785 65 5 616225 786 65 6 617796 787 65 7 619369 788 65 8 620944 789 65 9 622521 790 65 10 624100 791 65 11 625681 792 66 0 627964 793 66 1 628849 794 66 2 630466 795 66 3 632125 796 66 4 633616 797 66 5 635209 798 66 6 637404 799 66 7 638401 800 66 8 〈◊〉 801 66 9 641601 802 66 10 642204 803 66 11 644809 804 67 0 646416 805 67 1 648025 806 67 2 649836 807 67 3 651249 808 67 4 652864 809 67 5 654481 810 67 6 656100 811 67 7 657721 812 67 8 659344 813 67 9 660969 814 67 10 662596 815 67 11 664225 816 68 0 665856 817 68 1 667429 818 68 2 669124 819 68 3 671771 820 68 4 672400 821 68 5 674041 822 68 6 675684 823 68 7 677329 824 68 8 678976 825 68 9 680625 826 68 10 682276 827 68 11 684129 828 69 0 685584 829 69 1 688241 830 69 2 688900 831 69 3 689661 832 69 4 692224 833 69 5 693889 834 69 6 695556 835 69 7 697225 836 69 1 698896 837 69 9 700569 838 69 10 702244 839 69 11 703921 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Inch Squares 841 707281 842 708964 843 710649 844 711336 845 714025 846 715716 847 717309 848 719004 849 720801 850 722500 851 724●01 852 725904 853 727609 854 729216 855 721025 856 732736 857 734449 858 736164 859 737681 860 739600 861 741321 862 743044 863 744769 864 746396 865 748225 866 749956 867 753689 868 753824 869 755161 870 756900 871 758641 872 760384 873 762129 874 763776 875 765625 876 767376 877 769129 878 770884 879 772641 880 774400 881 777161 882 777924 883 779589 884 781456 885 783225 886 784996 887 786769 888 788544 889 790321 890 792100 891 793081 892 795664 893 797449 894 799236 895 801025 896 802816 897 804609 898 805904 899 808201 900 810000 901 811801 902 813604 903 815400 904 817216 905 819025 906 820836 907 822649 908 824464 909 826281 910 828100 911 829921 912 831741 913 833569 914 835369 915 837225 916 839056 917 840789 918 842724 919 844561 920 846400 921 847241 922 850084 923 851929 924 853746 925 855625 926 857476 927 859329 928 861●84 929 863041 930 864900 931 866761 932 868624 933 870489 934 872356 935 874225 936 876096 937 877869 938 879844 939 881721 940 883600 941 885481 942 886364 943 889249 944 881136 945 893025 946 894916 947 896809 948 898704 949 900601 950 902500 951 904401 952 906304 953 908209 954 910016 955 912025 956 913936 957 915849 958 917764 959 919681 960 921600 961 923521 962 926444 963 928369 964 929296 965 931225 966 933256 967 935089 968 937024 969 939961 970 940900 971 942741 972 944784 973 946729 974 948676 975 950625 976 952576 977 954529 978 956484 979 958441 980 960400 981 962361 982 964324 983 966●89 984 968256 985 970225 986 972196 987 974169 988 976144 989 978121 990 980100 991 982081 992 984064 993 986049 994 988036 995 990025 996 992016 997 994009 998 996004 999 998001 1000 1000000 1001 1002001 1002 1004004 1003 1006009 1004 1008016 1005 1010025 1006 1012036 1007 1014049 1008 1016064 1009 1018081 1010 1020100 1011 1022121 1012 1024104 1013 1026196 1014 1028196 1015 1030225 1016 1032256 1017 1034289 1018 1036324 1019 1038361 1020 1040400 1021 1042441 1022 1044484 1023 1046529 1024 1048576 1025 1050625 1026 1052676 1027 1054729 1028 1056784 1029 1058841 1030 1060900 1031 1060961 1032 1065024 1033 1067089 1034 1069156 1035 1071225 1036 1073296 1037 1075369 1038 1077444 1039 1079521 1040 1081600 1041 1082681 1042 1085764 1043 1087●49 1044 1089936 1045 1092025 1046 1094116 1047 1096209 1048 1098304 1049 1100401 1050 1102550 1051 1104601 1052 1106704 1053 1108809 1054 1110916 1055 1113025 1056 1115136 1057 1117249 1058 1119364 1059 1120489 1060 1123600 1061 1125721 1062 1127844 1063 1129969 1064 1132096 1065 1134225 1066 1136358 1067 1138489 1068 1140624 1069 1142761 1070 1144900 1071 1147041 1072 1149184 1073 1151329 1074 1153476 1075 1155625 1076 1157976 1077 1159929 1078 1162074 1079 1164241 1080 1166400 1081 1168561 1082 1170724 1083 1172889 1084 1175056 1085 1177225 1086 1179396 1087 1181569 1088 1183744 1089 1185921 1090 1188100 1091 1190281 1092 1192464 1093 1194649 1094 1196836 1095 1199025 1096 1201216 1097 1203409 1098 1205604 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1176 1382979 1177 1383329 1178 1387284 1179 1390041 1180 1392400 1181 1394761 1182 1397124 1183 1399489 1184 1401856 1185 1404225 1186 1406606 1187 1408904 1188 1411124 1189 1413711 1190 1416100 1191 1418481 1192 1420864 1193 1423249 1194 1425639 1195 1428025 1196 1430416 1197 1432809 1198 1435204 1199 1437601 1200 1440000 1201 1442401 1202 1444804 1203 1447209 1204 1449616 1205 1452025 1206 1454436 1207 1456849 1208 1459264 1209 1461681 1210 1464100 1211 1466521 1212 1468944 1213 1471369 1214 1473796 1215 1476225 1216 1478656 1217 1480989 1218 1483924 1219 1485961 1220 1488400 1221 1490841 1222 1493244 1223 1495729 1224 1498246 1225 1500125 1226 1503076 1227 1505529 1228 1507984 1229 1510441 1230 1512900 1231 1515361 1232 1517824 1233 1520289 1234 1522656 1235 1525225 1236 1527696 1237 1530169 1238 1334244 1239 1535121 1240 1537600 1241 15400●1 1242 1542564 1243 1545049 1244 1547536 1245 1550025 1246 1552516 1247 1555009 1248 1557504 1249 1560001 1250 1562500 1251 1565001 1252 1567504 1253 1570009 1254 1572416 1255 1575025 1256 1577536 1257 1580049 1258 1582564 1259 1585081 1260 1587600 1261 1590121 1262 1592644 1263 1595169 1264 1597706 1265 1600225 1266 1602756 1267 1605289 1268 1607824 1269 1609361 1270 1612900 1271 1615441 1272 1617984 1273 1620529 1274 1622076 1275 1625625 1276 1628176 1277 1530729 1278 1633464 1279 1635841 1280 1638400 1281 1640961 1282 1643524 1283 1645989 1284 1645656 1285 1651225 1286 1653796 1287 1656369 1288 1658944 1289 1661521 1290 1664100 1291 1666681 1292 1669264 1293 1671849 1294 1674336 1295 1677025 1296 1679616 1297 1682209 1298 1683804 1299 1687401 1300 1690000 CHAP. XI . Shewing , how to Hang a Rising line by severall Sweeps , to make it rounder aftward , then at the beginning of the same . IF any be desirous to have a Rising line rounder aftward then it is at the foar part of it , they must proceed thus ; first Work by the Sweep that they would have first , and then begin again , and finde the other Sweep , that they would have the roundest ; An Example of this will make it more plain , as in the following Figure will appear . Let D E represent the length of a Rising line E I , the height thereof 8 foot , on the after end thereof ; first I finde the Sweep that Sweepeth it , by Multiplying of 20 foot the length , which is 240 inches : for if you look in the Tables , under the Title of Feet-Inches , for 20 feet , you will see in the next Columne , toward the left hand , 240 , over head is written Inches , signifying , that in 20 feet is 240 inches ; and just against it , and in the same line , toward the right hand , under the Title of Squares , you will see written 57600 , signifying , that the square of 240 is 57600 , these numbers you will finde in the second Page of the Tables , and the last line , the seventh , eighth , and ninth Columns . This squared number 57600 , made by the Multiplication of D E , 240 inches , must be divided by the height of the Rising line assigned E I , 8 foot , or 96 inches , so remaineth in the quotient 600 , to which must be added the height of the Rising , as is afore taught , and they make 696 , which is the Diameter of the whole Circle : the half thereof is 348 inches , which is 29 foot , as you may see by dividing it by 12 ; or else , if you turne to the Tables , and seek under the Title of Inches for 348 , you will see in the same line , toward the left hand , 29 feet , which you will finde in the third Page , and the 28th line , the seventh and eighth Column ; then I Work by that Sweep to 3 / 5 of the length of the Rising line , or 12 foot of the same , at the point C it is represented , at which point I seek the Rising C B , I seek in the Table for the Square made of 144 , and I finde it in the second Page , 24 line , at the first Columne ; and toward the right hand , under the Title of Squares , I finde 20736 , which is the Square made of 144 : then I seek for the Square made of the Sweep , or side A B , 348 inches , and I finde it in the Tables to be 121104 , from this 121104 I Substract the other Square , made of the side D C , 144 being 20736 , and there remaineth 100368 , whose Root I finde in the Tables , in the third Page , and the 37th line , and the sixth Columne , 100489 , which is too much by neare 121 ; but the other number afore it being much more too little , the number answering hereunto is 316 inches , and near ¼ , Substracted from 348 , the whole side leaveth 31 inches ¼ , or two foot 7 inches ¼ for the Rising , 0 30 57600 ( 600 9666 89 121104 20736 100368 at the point C : Now to make a rounder Sweep aftward on , or at the other end of the line , as from B to F , which runeth higher up , or Roundeth more , as from I to F : Here will be something more of trouble to finde the Sweep that shall exactly touch the two points assigned , as from B to F ▪ then to finde the former Sweep . Now the Demonstration wil shew it to be thus . Let B and F be the two points to which the Sweep is confined to touch ; draw a streight line from B to F , as you see , and so you have a Right lined Triangle , made of the sides B H , the length of the line to be swept by the second Sweep , and the side H F , the height of the same , together with the Subtending side B F ; then a streight line drawn from the middle of the side B F , and perpendicular , or square , to the same line B F , and extended , till it touch the side D A , the place where it toucheth shall be the Centre of the same Sweep , as is the line G H , passing through the middle of the side B F , at the point O , which to finde Arithmetically , proceed thus ; finde first the length of the side B F , as before is taught , of two sides of a Right Angled Triangle given , to finde the third side , which will be found to be 134 ½ inches , the halfe whereof is 67 inches , ¼ from B to O , then if a perpendicular be let fall from O to the line B H , it will cut that Base line also in halves , as at the point P , being 48 inches : then again , finde the side O H , and that will be , in this Example , equall to the side B O , but in other cases it may not so fall out : So then , those two sides being known , as the side O H , 67 , ½ inches , and the side P H , 48 inches , and the whole length of the side K H , 240 inches , you may then Work by the Rule of Three , saying , if 48 , the side P H , give 67 ½ inch , for the side O H , what will 240 give , for the side K H , as thus ; If 48 give 67 ½ , what will 240 240 2 67 144 1680 4640 1440 16080 ( 335   48888 16880 44 If you Multiply the two first numbers together , and divide by the first number , you will beget in the quotient 335 , for the length of the whole side G H. I here neglected the ½ inch in this Multiplication , for the ½ inch should have been Multiplied into the 240 , by adding to the Summ 16080 , 120 , the halfe of 240 , and it maketh 16200 , which divided by 48 , maketh 337 ⅓ inches for the whole side G H ; So then , these two sides being found , find the side G K , thus , as before is taught , look in the Table of Squares for the Square made of the side 337 , and it will be 113569 , from which Substract the Square made of 240 , the other side , being 57600 , there resteth 55969 , as you may see , for that number sought for in the Tables , and you find the nearest number to it , to be 56069 , and the roote of it to be 237 , for the side G K , to which must be added the Rising of the point C B , or K D , which is all one , and is as we found it before to be , 31 ¼ inches , added to 237 , maketh 268 ¼ inches , or 22 foot 4 inches ; shewing , that at 22 foot 4 inches , from the point D , towords G , will be the point where the Centre of the Rounder Circle ought to stand : Then again , you have the side G K , found as before , to be 237 , and the side K B 144 , and if you work as is taught before , but remember , that if the longest side be sought for , as is now in the last side sought for , G B being the longest side , you must add the squares made of the other two sides together , and the square of those two Summs shall be the longest side G B , 277 inches , that is 23 feet , 1 inch , which is the length of the second Sweep : and so have you the length of the Sweep . The same order you may observe to round your Sweep as often as you please . 113569 57600 55969 237 31 ¼ 268 ¼ If any have knowledge of the Doctrine of Triangles , it may be found more readier , that I leave to those that know the use thereof . Note also , that when you seek for any number in the Tables , take heed that you minde the number of Figures you seek for , to agree in number with those that directeth you to seek for them . As for Example , In the other figures abovementioned , 55969 , they are in number 5 , by their places , as you see ; then repairing to the Table , I finde 559504 , but telling the Figures , I see that they are in number 6 , but should be but 5 : therefore this number , represented in the seventh Page ; and the 28th line , and third Columne , is not the place I seek for , then I turne toward the beginning of the Table , till I see that the Columnes of Squares contain but 5 figures , and there seek the nearest number agreeing to 55969 , and in the second Page , 37th line , last Column , I finde 56069 , the nearest agreeing to it , which is the place answering to the other directory figures . Note also , That the Example of finding the Sweep aforegoing , is laid down by the small Scale of the Draught , by which you may trie it for your better directions . And in that Table you may see that any farther then 70 foot , being the end of the seventh Page , I have not mentioned the Feet and Inches belonging to the number of Inches , but have left it out because they are of little use any further , because that will reach farr enough for the length of any Rising line of any Ship whatever : If any be desirous to convert any of the following numbers into inches , he may do it by Dividing by 12. Thus I think I have spoken enough to the Ingenuous , concerning the singular use of the Tables , or of this way of Working by Segments o Circles . CHAP. XII . Concerning Measuring of Ships . 60 20 1200 10 120100 I Shall say something concerning it ; the Shipwrights have to themselves a custome of measuring at London , or on the River of Thames thus , they multiply the length of the Keel into the bredth of the Ship , at the broadest place , taken from outside to outside , and the product of that by the half bredth , this second product of the multiplication they divide by 94 or sometimes 100 , and according to that division , the quotient thereof ; they are paid for so many Tuns ; as suppose in the former draught being in length 60 foot and 20 foot broad , 60 , being multiplyed by 20 , the bredth , produce 1200 , that 1200 being again multiplied by 10 , the half bredth produce 12000 , if you divide by 100 , you need do no more than cut off the two last figures toward the right hand , which shall be the answer and rendreth the Ship to be 120 Tuns , but if you divide the sum 12000 by 94 , you wil have 127 2 / 3 of a Tun very neer , but this cannot be the true ability of the ship to carry or lift , because two ships by this rule of equall breadth and length shall be of equall burthen , notwithstanding the fulness or sharpness of those Vessels , which may differ them very much , or the one ship may have more timber than the other in her building , & so shall carry less than the other : But the true way of measure must be by measure of the body and bulk of the ship underwater , for if one ship be longer in the floor than another of the same bredth and length , she shall be more in burthen than the other ; as a Flemish ship shall carry more than a French or Italian Vessell of the same length and bredth ; Therefore I say the measure of the ship being known by measuring her , as a piece of timber may be measured of the same form , to the draught of water assigned her , the weight of the same body of the same water that the ship swimmeth in shall be the exact weight of the ship ; and all things therein ; loading , rigging , victuals included therein : then if the ship be measured to her light mark as she will swim at being lanched , the weight of so much water being taken or substracted from the weight of the water when she is laden , the residue shall be the weight that must load her , or her ability of carrying , called her burden , by this means you may know the weight of the ship light , and what she will carry to every foot of water assigned to her , which cannot be done by no general rules in Arithmetick because of their great irregularity , according to the differing minds of Shipwrights ; you may if you please first measure the content of the Keel and Post and Stem-rudder , all of it that is without the Plank , and under the water line , and note it by it self , then measure the body of the ship in the Midships , made by the square made of the multiplying of the depth of the water line , and the bredth , then you may find ; the content of the want by the circular part of the ship under water , being narrower downward , and substract this from the whole content of the squared body of the depth of the Water-line and bredth of the ship , and this shall be the solid content of that part of the ship , I mean in solid foot measure of 1728 inches to the foot , then proceed to the fore part or the after part of the ship , and to 3 or 4 Timbers more , find the mean bredth at the narrowing aloft at the water-line , and alow at the floor and the mean depth , and measure that piece of the ship , as I told you of the middle part of the Ship , and so measure the whole Ship by pieces and add them together , and so many feet as it maketh , so many feet of water shall be the weight of the said ship ; and the reason may be considered thus ; there is a ponderosity in warer , but there is a greater in the ayre , onely to the heaviest of things ; and there is a ponderosity in water it self , but not so much as in other things more solid as in Iron : Suppose a Gun or an Anchor of Iron , it sinketh in the water , but yet it is not so heavy in the water as in the ayre , by the weight of so much water as shall make a body of the same water equal to the body of the Gun or Anchor in magnitude ; which weight substracted from the weight of the Iron body weighed in the ayre , and so much must be the weight of it in the water . Again , if a body be lighter in weight , than water of the same bigness , it hath an ability of lifting in the water , and can lift or carry so much as is that difference , as a piece of cork or wood of firr-trees , being lighter than water , it swimmeth on the face of the water , and refuseth to be depressed without more weight added to it . Thus a ship being a concave body , is made capable of lifting according to the greatness or littleness of this concavity , respect being had to the greatness of the Timber put into it , or the nature of it , all which maketh a ship swim deeper or lighter in the water . I have proved by the Thames water , that fresh Water is lighter then salt water , so then salt water being heavier than fresh , causeth that a ship swimmeth deeper in the fresh water than in salt . I shall not need to say any thing more concerning the mesauring , for it will be understood by those that have any Judgment in the mesuring of triangles , the matter it self being but a nicity rather than usefll : I only touched it to shew those that are so curious minded , which way they may accomplish their desires ; I shall forbear to give examples , because it will much increase my Treatise , and augment the Price , which might prove more prejudicial to youngmen than advantagious . CHAP. XIII . Concerning the Masts of Ships . FRom the length and bredth is gained the Mainmasts length , and all the other Masts as wel as yards , is derived from thence , and there is different proceedings in this case , according to the largeness of the Ships , thus , the main Masts of small Ships to be three times as long as the Ship is in bredth ; as a ship of 20 foot broad , by the same rule must have a Mast of 60 foot long . Others for greater Ships , add the bredth to the length , and to that the half bredth , which some they divide by 5 , and the quotient is the number of yards , as a ship 114 foot long and 34 foot in bredth , as the bredth added to the length , and the half bredth added together , make 165 , that divided by 5 , yields 33 , and so many yards is the length to be of that Mast , the fore-mast must be a yard shorter at the head , that is to say besides the height of the step , which commonly in most ships the step of the fore-mast standeth higher from the bottom of the ship than the step of the Main-mast ; the foremast must be shorter by that difference , and one yard more , or the bigness of the ship considered , 4 foot shorter at the head , or besides the difference below , 114 34 17 165 10 165 ( 33 55 The Top-masts two thirds of the length of the lower Masts . The Main-yard to be 2 / ● and ● / 22 of the Main-mast , as in the Mast aforementioned of 60 foot long , two thirds of 60 is 40 , and the 2 / 12 of 60 is 5 , added to 40 make 45 , for the length of the main yard . The foreyard to be 6 / 7 of the Main-Yard , as the Main-yard being 45 foot , divide 45 by 7 , so cometh 6 in the quotient , and a fraction remaining of 3 , signifying 3 / 7 , so that the 1 / 7 of 45 will be 6 and 3 / 7 , you must take 6 times so much , a● 6 times 6 makes 36 , and if you take 6 times 3 / 7 make 18 / 7 , that is , two whole numbers , and 4 / 7 remaining , which added to 36 , make 38 , and 4 / 7 of a foot for the length of the fore-yard . The Top-sail Yards must be half the length of the lower Yards , the Mizne Yard usualy is made of equal length with the fore-yard , the Crosjack yard , of equal length with the Main top-sail yard , and the mizen Top-sail yard to be half the length of the Crosjack yard . The mizen Mast to be of the length of the Main-top mast from the upper Decks , and so much longer as is the height of the ship between Deck , the Boltspreete to be of length equal to the fore-mast from the upper Deck of the Fore-castle upwards . For the bigness of these Masts , to a yard in length , ¾ of an inch , or else ¼ of an inch to the foot , and so of yards likewise , only the Boltspreet somthing bigger , would be the better if he be made as big as the fore-mast . CHAP. XIV . Concerning Rowing of Ships , when they are becalm'd . I Have here invented a meanes of Rowing of a Ship , by the heaving at the Capstane , where will be many benefits ; First , of a greater purchase of strength , for it is evident , that 10 Men at a Capstane shall heave a Ship a Head , when 30 Men shall not Haall her a Head by hand , nay 50 ; neither shall they be so soon tired , for that Owers are a great weariness to the Armes , beside a double motion of the body , as when the stroak is fetched , to way down the Ower , that the blade may be elivated out of the Water , where it must be kept so , untill another Let the two lines , C D , and C D , represent the sides of the Ship , 16 foot broad , as is the line C C , 16 foot long , by the Scale of the Draught ; and let the two long squares , d d , and d d , represent the two Bitt-pins , with the Cross-piece of , let the Black , between the two Bit-pins , represent a Roule , or Windless , with a Surdge in the middle , as is the Surdge of a Crab , or Capstane ; in the two ends of this Roule let there be placed two Winches , as you may see represented by Cranks , a and a ; let there be made a hollow place in the Head of the Bit-pins for these two Winches to rest in , that they may turne round in them , and bide in them : then let there be two pieces of Timber , equall in length , to the space of the Ship you would have filled with Oares , represented by the two black lists , marked b b , and b b ; then let there be fitted two small pieces , made of good Ashe , or some good strong Wood , of equall length as is the two black Lists , n L , m L , fastned into the pieces of the frame , as at the points L and L , by a Boult , but so , that they may play on that Boult , and the other ends must be with a Hoale made in the ends , put over the handles of the Cranks , at n and m , then in the two long pieces for the frame let the Oares be fixed , as at the points 1 , 2 , 3 , 4 , 5 , 6 , 7 , of each side of the Ship representing 7 Oares of a side , they may be fastned in the Frame , by a Mortis made therein , and a Tenent on the Oar , made to go slack , in that the Oar may play , and have liberty to fetch a Stroak , in the middle whereof must be placed a Iron bolt , to fasten him , and keep the Oar from launching in and out , and on the Roughtre , or side of the Ship ▪ as in C D and C D , must be placed Thoule pins to each Oare , as in Boats that Row ; then must you have a Halser splised together , in manner of a Viall , that must take two or three turnes about the Roule , in the Surdge , as you may imagine , at the middle of the Black Roule , or notch therein , and pass from thence to the Capstane , with two or three turnes there also ; then this Viall also , reeved thorough some other Blocks , as in manner of Snach block , and these blocks placed between the Capstane and the Roule , you may thereby increase that purchase so , as that it may heave very easie , and with great strength , so as to be able to Row a Ship a Head in a calme , or in little winde , two , threee or four leagues , a watch or more , according as the Ingine shall be better or worse fitted ; for if you marke in the Figure of the Work , and suppose the Viall Reeved , and by heaving of the Capstane , shall turne the Roule , as the Crankes goeth round , it shall carrie with it about , and then the small pieces shall cause the frame to pass forward to and again , to fetch a stroake with the Oares . FINIS . A91195 ---- An humble remonstrance to his His Maiesty, against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience thereof. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91195 of text R209840 in the English Short Title Catalog (Thomason E207_3). 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. 103 KB of XML-encoded text transcribed from 36 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91195 Wing P3983 Thomason E207_3 ESTC R209840 99868695 99868695 157722 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 0 1.0 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 1, no. A91195) Transcribed from: (Early English Books Online ; image set 157722) Images scanned from microfilm: (Thomason Tracts ; 36:E207[3]) An humble remonstrance to his His Maiesty, against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience thereof. Prynne, William, 1600-1669. [2], 44 [i.e. 68] p. s.n.], [London? : Printed anno 1641. Attributed to William Prynne. Place of publication suggested by Wing. Page numbers 63-68 misnumbered 39, 40, 39, 42, 43, 44 respectively. Pages 43-44 [i.e., pp. 67-68]: "A list of ships with their charge." Reproduction of the original in the British Library. eng Ship-money -- Early works to 1800. Taxation -- England -- Early works to 1800. A91195 R209840 (Thomason E207_3). civilwar no An humble remonstrance to his His Maiesty,: against the tax of ship-money imposed, laying open the illegalitie, abuse, and inconvenience th Prynne, William 1641 17850 4 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2007-07 Robyn Anspach Sampled and proofread 2007-07 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AN HVMBLE REMONSTRANCE TO HIS MAIESTY , AGAINST THE TAX Of Ship-money imposed , laying open the illegalitie , abuse , and inconvenience thereof . Printed Anno 1641. AN HVMBLE REMONSTRANCE TO HIS MAIESTY , AGAINST THE TAX Of Ship-money imposed , laying open the illegalitie , abuse , and inconvenience thereof . MOST Gracious and dread Soveraigne , wee your poore and loyall Subjects of this your Realme of England , now grieved and oppressed with the late Taxes imposed upon us , for setting out of diverse Ships , for guarding of the narrow Seas , without a common assent thereunto had in Parliament , doe here in all dutie prostrate our selves , and this our Remonstrance against the said Taxes , at your Highnes feete , beseeching your Majesty of your Royall Justice and clemency , to take the same into your Gracious and most just consideration ; and thereupon to release us your poore Subjects , from the intolerable burthen and grievance , under which we groane and languish . And here first of all , wee most humbly represent to your most excellent Majesty , that the Tax of Ship-money , is directly contrary to the fundamentall Lawes of this your Realme of England , which your Majesty both in point of Justice and Honour , is obliged inviolably to preserve , according to the Oath made to God and your subjects at your Coronation , and your faithfull printed royall Protestations since both in your Answer to the Petition of Right , in the third yeare of your Highnesse Reigne , in your royall speech in Parliament , printed then with your Command , and your Declaration to all your loving Subjects , of the Causes which moved your Majesty to dissolve the last Parliament , made and published by your speciall Command ; likewise by 22. 23. 42. 43. 44. in all which , your Majesty to all your subjects Comfort , have made their severall Declarations of your royall pleasure in these your most royall words : The King willeth , that Right be done according to the Lawes and Customes of the Realme , and that the Statutes recited in the Petition of Right , be put in execution ; that his subjects may have no cause of Complaint , of any wrong or oppression , contrary to their just rights and liberties , to the preservation whereof , he holds himselfe in Conscience obliged aswell as of his Prerogative . Let right be done , as is desired , and I assure you , that my Maxime is , That the peoples liberties strengthens the Kings Prerogative , and the Kings Prerogative is to defend the peoples liberties ; I doe here declare that those things that have been done , whereby men had some cause to suspect the libertie of the Subject to be trenched upon , shall not hereafter be drawne into example for your prejudice ; and for the time to come , in the word of a King , you shall not have the like cause to Complaine ; We were not unmindfull of the preservation of the just and ancient liberties of our Subjects , which we secured to them by our just and gracious Answer to the Petition in Parliament , having not since done any Act whereby to infringe them , but our Care is , and hereafter shall be , to keep them intire , and inviolable , as we would doe our own Right and Soveraigntie . We also declare that we will maintaine the ancient and just Rights and Liberties of our Subjects , with so much constancy and Justice , that they shall have cause to acknowledge , that under our government and gracious protection , they live in a more happy and free estate , than any Subjects in the Christian world . If then we shall make it appeare to your Majesty , that the Tax is against the Lawes of the Realme , and the just and ancient Rights and Liberties of your Subjects ; we doubt not but your Majesty , out of your Royall Justice , and Goodnesse , will be most Graciously pleased to exonerate us thereof , and never to draw it into example any more . That it is against the fundamentall Lawes , just Rights , and ancient Liberties of your people , we shall make it appeare by these particulars . First , we conceive it is against sundry Statutes of this Realme . First the Statute of Magna Charta , cap. 29. 39. ratified in Parliament 5. E. 3. cap. 9. 25. E. 3. cap. 18. 42. Ed. 3. cap. 3. and to the late Petition of Right in the third yeare of your Majesties Reigne , who enacts , that no Freeman shall be taken , or imprisoned , or disseized from the Free-hold or libertie , or free Customes to them , or to be outlawed , or exiled , or otherwise destroyed , or pressed upon , nor dealt with , but by the Law of the Land , and by the lawfull Judgement of the Peeres ; but diverse of your poore Subjects by vertue and authoritie of Writs for Ship-money , have been taken , and imprisoned by your Officers , their Goods and Chattells seized , distreined and sould , to their great damage and destruction , without any lawfull Judgement first given against them , and before the right and title of the Tax hath been lawfully heard , and decided against the very tenour of the Statute . Secondly , against the Stat. of 25. Ed. 1. de tallagio non concedendo . 14. Ed. 3. 2. cap. 1. 25. Ed. 3. Rich. 2. cap. 9. 1. Rich. 3. cap. 2. and the late Petition of Right , certified by your Majesty , which enacts that no Tallage shall be laid , or levied by the King , or his heires , without the good will and consent of the Archbishops , Bishops , Earles , Barons , Knights , Burgesses , and other Freemen of the Comonalty of the Realm . By vertue of which Statute , your Subjects have Inherited this freedome that they should not be compelled to contribute to any Tallage , Tax , Ayd , or other charge , not set by Common consent in Parliament , as is recited by the same Petition ; Therefore not with this Tax of Ship-money not setled , but being against the severall Acts , against all the Acts of Tunnage & Poundage , and other subsidies , which have been from time to time in all your royall Progenitors Reignes granted them either for yeares , or for tearme of their naturall lives , as a certaine Tax and Subsidie for the safety and defence of your Seas , against enemies and Pirats , and as a free voluntary Graunt , because themselves , by your royall Prerogative , had no power to impose it upon the subjects ; some few of which Acts , we shall here recite , 14. E. 3. Stat. 1. cap. 20. & Stat. 2. cap. 1. The Prelates , Earles , Barons , and Commons in Parliament , granted the King the ninth Lambes fleece , fifteenth sheafe , ninth part of all Goods and Chattells in Burroughes for two yeares space then next ensuing , to be taken and levied by full and reasonable Tax for the same two yeares , in ayd of the good keeping of the Realme aswell by Land as by Sea , and of his warres , aswell against the parts of Scotland , France , &c. and elsewhere , with promise that the Graunt so chargeable , shall not another time be brought for an example , nor fall to their prejudice in time to come . 5. Rich. 2. per Stat. 2. cap. 3. a subsidie of two shillings on every Tun of Wine , and six pence in the pound of every Merchandize els imported ( some few excepted ) was graunted to the King by Parliament for two yeares , during which time the Marriners of the West proffered the Parliament to make an Army on the Sea : Provided alwaies that the money thereof comming be wholly imployed for the keeping of the Sea , and no part elswhere ; the receivers and keepers whereof were appointed likewise , that the people keeping of the Sea Armie , shall have all the lawfull prizes shared among them , ; And that the Admirall and others of the said Army should giue assurance to save the Kings friends and Allies without danger to be done to them , or any of them by any meanes , which if they doe , and it be proved , they shall put them in grievous paines to make amends , 4. Ed. 4. 12. Ed. 4. cap. 3. the Commons of the Realme of England granted a Subsidie to the King called Tunnage during his life , for the defence of the Realme , and especially for the safeguard of the Sea , they are the words of the said Act repeated , which Act was continued and revived 40. H. 8. by Act of Parliament 6. H. 8. cap. 14. which grants him Tunnage and Poundage all his life , 1. Ed. 6. cap. 1. 3. Mar. cap. 18. 1. Eliz. cap. 20. for the granting of Tunnage and Poundage , all severally recited , H. 8. & H. 7. have had granted to them being Princes , and their noble progenitors , Kings of England for time being , by common assent of Parliament for defence of the Realme , and the keeping , and safeguard of the Seas , for the entercourse of Merchandize , safely to come in and passe out of the Realme , certaine summes of money , named Subsidies , of all manner of Goods , or Merchandize comming into , or growing out of the Realme . The words of the forenamed Act are these : First , for asmuch as we the poore Commons , &c. now we your poore Commons wishing that such furniture of all things may be had in readines for time to come , when necessitie shall require for the speedy and undelayed provision , and helpe of the suppressing of such inconveniences , and Invasions , humbly desire of your most excellent Majestie , lovingly and favourably to take and accept and receive their poore graunts , hereafter ensuing , as granted of true hearts and good wills , which we bore to your Highnesse , towards the great costs , charges , and expences , which may be laid out by your Majestie , for the causes beforesaid when need shall require . Secondly , no Dismes , Quadrismes , or grand Customes , and such like ayd can be imposed , the act of Tunnage and Poundage , 1 Iac. cap. 33. which graunts this Subsidie to your Majesties Royall Father during his life , makes the same recitall word for word . If then the subsidie of Tunnage and Poundage have been already granted as a Tax upon his Subjects for guarding of the Sea , both against enemies and Pirats by Act of Parliament , and not otherwise , and all your Royall Progenitors have accepted of it in this manner by a grant in Parliament , and not imposed any such annuall Tax as now by Writ , for the defence of the Seas by your Prerogative royall , we humbly conceive , that your Majestie cannot now impose it upon by Law , rather because your Majestie ever since your comming to the Crowne , hath taken and received this Tunnage and Poundage , and still takes it , and claimes it for a defence onely of the Seas , professing in your royall Declaration to all your loving Subjects by your speciall command , A. 7. pag. 44. that you tooke this dutie of Five in the Hundred for guarding of the Sea , and defence of the Realme , to which you hold your selfe still charged , as you declared . Now since your Majesty receives this dutie at your Subjects hand , to this very end and purpose , the moity of which is abundantly sufficient to defend the Seas in these dayes of peace with all neighbour Princes and Nations , and by reason whereof you hold your selfe still obliged to it ; wee humbly conceive , you cannot in point of Law and Justice , neither will you in point of honour and conscience , receive the said Dutie , sufficient with an overplus to defend the Seas , and yet impose this heavy Tax and burthen upon your Subjects , and lay the whole charge of guarding the Seas in these dayes of peace on them , as if no Tunnage or Poundage were taken for that purpose , which none of your royall Progenitors ever yet did . Fourthly , against most of the Acts of Parliament for the severall Subsidies of the Clergie and Commonaltie , in all your Royall Progenitors Reignes , and your owne too , who when the annuall revenues of the Crowne , and your Customes , and Subsidies granted them for the guarding of the Realme , and Seas , by reason of open warres aforesaid , and defensive , or both were not able to supply and defray the extraordinary expences , never resorted to such Writts as these for the levying of Ship-money , especially in times of peace , but ever to the Parliament to supply for the defence of the Seas , and Realme , by grant of Subsidies , Impositions , Dismes , Quadrismes , rated and taxed by Parliament , and not by your owne authoritie royall . That is evident by all the Acts of Subsidies , Taxes , Ayds , and Customes , granted by your royall Progenitors , and especially by the 14. E. 3. cap. 21. Stat. 2. 15. E. 3. Stat. 3. cap. 1. 23. 18. Ed. 3. Stat. 2. Pron. Stat. cap. 1. 25. E. 3. Stat. 7. 36. E. 3. cap. 14. 11. Rich. 2. 9. H. 4. cap. 7. 11. H. 4. cap. 10. 32. H. 8. cap. 23. 37. H. 8. cap. 24. 2. & 3. E. 6. cap. 35. 36. 1. Ed. 6. 6. 12. E. 5. P. & M. cap. 10. 11. 5. Ed. 6. cap. 29. 13. Ed. 3. 27. 28. 17. Eliz. 22. 23. 23. Eliz. cap. 14. 15. 27. Eliz. cap. 28. 29. 29. Eliz. cap. 7. 8. 31. Eliz. 14. 15. 35. Eliz. cap. 12. 13. 39. Eliz. cap. 26. 27. 43. Eliz. cap. 17. 18. 3. Jac. 26. 21. Jac. cap. 33. 1. Car. cap. 5. 6. & 3. Car. cap. 6. 7. expresly recite the Ayd and Subsidie therein granted were for the defence of the Kingdome by Sea and Land , the maintenance of the Navy , and so forth . If now these Princes that would part with no title of their just Prerogative , and your Majesty your selfe have from time to time resorted for supplyes by Sea and Land to Parliament , when Tunnage and Poundage and your owne ordinary revenewes would not suffice , which they would never have done , might they have supplyed themselves by such Writs of Ship-money as these are , wee humbly conceive it to be against the common Law , and that your Majesty ought to run the same course againe , and may not by your Prerogative Impose this Tax of Ship-money without common consent in Parliament , contrary as we beleeve to the Petition of Right , confirmed by your Majesty as our undoubted Rights and Liberties , and as the Tax of Ship-money is against the severall recited Statutes , so wee humbly conceive it to be against the very common Law , and Law books . First , by the Common Law every severall Dutie and service which concernes the subjects in generall or greatest part of them , that is uncertain and indefinite , not reduced to any positive certainty , ought to be rated and imposed by a Parliament onely , not by your Majesty ( as the partie whom it concerns ) as appeareth by two notable instances , pertinent to the present purpose , whereof the first is , that of Taxes uncertaine , which though a dutie to the King , and other Lords heretofore upon every voyce royall against the Scots , yet because it concernes so many , it could not be taxed ; but by Parliament , Litt. 2. 97. 98. 100. 102. F. N. B. 8. Cooke on Litt. sect. 97. 101. 102. Secondly , in Case of Ayd to marry the Kings or Lords Daughter , and to make his sonne a Knight , which though a Dutie , yet taxed and reduced to a certaintie by a Parliament , not left arbitrary , 3 E. 3. cap. 35. 25. E. 3. Stat. 5. cap. 11. F. M. B. 82. If then these uncertaine services and duties , to avoid opposition and Injustice , ought to be taxed in Parliament , much more the uncertaine and indefinite Tax being no dutie nor debt at all , and not yet prescribed or reduced to any certainty by any Law . Secondly , no Dismes , Quadrismes , or grand Customes , and such like , can be imposed by the very common Law , though usually subsidies and supplyes , but by Act of Parliament , as appeareth by all them in Fitz and Brookes Abridgements , titles , Quadrismes , 9. H. 6. 13. grand . Cust. 26. 4. E. 4. 3. 4. 5. Fitz Bar. 304. 14. E. 3. 21. 26. E. 3. cap. 11. 45. E. 3. 4. 11. Rich. 2. 9. Dyer . 45. 6. 165. therefore much lesse the unusuall and extraordinary Taxes of Ship-money , amounting the first yeare to ten fifteenes , and this yeare to three subsidies a man , of which there is not one syllable or tittle in any of our Law Books . Thirdly , No Law can be made within the Realme , to binde the Subjects either to the losse of Libertie , Goods , or member , by your Majesties absolute power , nor yet by your Majestie , nor the Lords in generall , without the Commons consent in full Parliament , as is resolved in these common Law Bookes , 11. H. 6. 17. Ployd . 74. M. 19. E. 3. Fitz Iurisdict . 28. Annum , the very reason why Acts of Parliament binde all , is because every man is partie and consenting to them , 3. E. 4. 2. 2. E. 4. 45. or 4. H. 11. 22. H. 1. 5. Ployd . 59. and 396. If then no Lawes can be imposed on the Subjects , but such as are made and consented unto by them in Parliament , because every Law that is penall deprives them either of their liberties , person by imprisonment , or the propertie of their Goods by Confiscation , much lesse then any Tax , or the Tax for Ship-money , for the which their goods shall be , and are distreined , the persons imprisoned , in case they refuse to pay it , contrary to Magna Charta promis . Stat. Fourthly , every subject hath as absolute propertie in his Goods by the common Law , as he hath in his lands , and therefore as your Majestie cannot lawfully seize any of your Subjects lands , unlesse by some just title or forfeit upon a penall Law or Condition infringed , or by the parties voluntary consent , so cannot you seize upon his Goods , unlesse by some Grant from the partie himselfe , either mediately as in Parliament , or immediately for some debt , or either granted you in like manner , therefore not for Ship-money , unlesse granted by common consent in Parliament . Fiftly , it is a Maxime in all Lawes civill and common , and a principle of reason and nature , Quod tangit dom . ab omnibus debet approbari , Regis Iac. 11. 9. This Rule holds in all naturall and politique bodies , nothing is or can be effected by the head , hand , or foot alone , unlesse the other parts of the body , or faculties of the soule assent . In all elections popular , where there are diverse Electors , there must either be a generall consent of all , or of the maior part , or otherwise the election of the fewest , or one onely is a meere nullitie , in all Parliaments , Colledges , Synods , Cities , Cathedrals , in Laws , Canons , Ordinances , or by Laws , neither Levies , nor Taxes can be imposed , but by all , or the Maior part . The Bishop , or the Deane without the Clergie , the Major without the rest of the Corporation , the Abbot without the Covent , the Master of the Colledge , without the fellowes , the Master or Wardens of Companies , without the Assistants , the Lords of the Parliament without the Commons , nor the lesser part , without the consent , or against the greater part ; in all these can doe nothing , either to binde or charge the rest by the Common or Civill Law . Your Majestie therefore by the same Reason , being but a member of the body politique of England , though the most excellent and supreame above all the Rest , can impose no Lawes , or binding Taxes on your Subjects , without the common consent in Parliament , especially now in times of peace , when a Parliament may be called and summoned to helpe these . Sixtly , if your Majestie shall grant a Commission , to imprison , or to seize any of your Subjects Goods without any Indictment or Proces of Law , that hath been adjudged voyde and against Law . 42. H. 8. tit. 5. Br. Commission 15. 16. therefore your Majesties Writts to distreine mens Goods , and imprison their persons or bodies for Ship-money , must be so too . And as your Majesty by your Letter cannot alter the Common Law , 6. H. 4. 5. 10. H. 4. 23. so neither can you doe it by your Writts , 11. H. 4. 91. Br. Prerog. 15. 49. ass . 37. H. 6. 27. 3. H. 9. 15. 18. Ed. 4. 76. 5. H. 4. 21. Ed. 4. 79. Book pat . 25. 52. 41. 53. 69. 79. 73. 100. Descent 57. Dangilt 9. Fitz-toll . Seaventhly , it is a Maxime in Law , that no man ought to be Judge in his owne Case , and therefore no man can have Cognizance of Pleas where himselfe is Judge and partie . And if a Lord of a Mannor prescribe in a Custome to distreine all beasts that come within his Mannor damage fezant , and to deteine them untill Fine be made to him for the damages at his will ; this prescription is voyde , because it is against reason , that he be Judge in his owne Case ; for by such meanes , though he had damage but to the value , but of old , he might asseise and have a hundred pound , Tit. 31. Iac. 2. 11. 212. Cau. ibm . 3. E. 3. 24. 4. E. 3. 14. 10. E. 3. 23. 28. E. 3. Plac. 20. H. 4. 8. Br. Lett. 12. 7. H. 6. 13. 9. H. 6. 10. the same holds in reason concerning Ship-money , if it lay in your Majesties power to impose , what summe they pleased upon your people , you should be Judge in your own Cause , and so your Majestie by your Officers mis-information for their owne private lucre might levy farre more than need requires for your service ; yea , so much , and so often , as would soone exhaust your whole estates , which is against both reason , and justice , and therefore this concurrent assent in Parliament is requisite , that no more be demanded then shall appeare to be necessary to avoyde opposition , both in frequency of the opposition , the quantitie of the summe collected , and the undue and unequall Taxing thereof . Eightly , if your Majesty by your absolute authoritie , might impose such Taxes as there at your pleasure might be fulfilled on your subjects , you may doe it as often , and raise them as high as you please ; for what Law is there to hinder you from it , but that which denies you any power at all to doe it . Now if you may impose these Taxes as often , and raise them as high as you please , even from a hundred to two hundred Shippes every yeare , aswell as fortie or fiftie in times of peace , and distreine upon all your Subjects Goods , and imprison their bodies for it , then all their Goods , Lands , and Liberties will be at your Majesties absolute disposition , and then are we not free-borne Subjects , but villaines , and rascalls , and where then are our just ancient Rights , and Liberties , confirmed by your Majesty in the Petition of Right , which you have protested you are bound in conscience to performe and keepe inviolable . Ninthly , it hath beene adjudged in auncient time , that the Kings of England cannot by their prerogative create a new Office by Pattent in Charge of the people , neither can they graunt Murage , or any such tallage to , or demand it of any one by Writ , or Pattent , because that it is in Charge of his people , Que ne part est sans parliament , 13. H. 4. 14. Br. Pat. 12. 37. H. 8. Pat. 100. therefore by the same reason that Tax , that layes a farre greater Charge upon the Subject , than any new Office , Murage , Tallage , Travers , or thorow Toll , cannot be imposed but by Act of Parliament . Tenthly , admit your Majesty by your absolute prerogative might enforce the Subjects to set out Ships to guard the Sea , yet we conceive humbly as things now stand , you cannot doe neither in Honour , nor Justice , nor yet in that way and proportion as it is now demanded . For first , we humbly conceive , that your Majesty cannot impose this annuall charge on your Subjects , and wholy , because you receive Tunnage and Poundage of your Subjects , on purpose to guard the Seas , and ease your Subjects of this burthen , which is sufficient to discharge the service , with a large surplusage besides to your Majesty , either therefore your Majesty must now both in Justice and Honour release the Tax of Ship-money , or els your Tunnage and Poundage , since either of them are sufficient for the service , and one of them not due , if the other be taken . Secondly , we humbly conceive that you cannot demand it now in a generall peace , when there is no feare at all of forraigne enemies , or open warre , proclaimed against any neighbour Prince , or State , there being , as we beleeve , no president for any such Tax in the time of peace . Thirdly , we conceive that since the Writ enjoyned every County to furnish a Ship of so many Tunnes , for so many moneths ; First , that no Counties can be forced to furnish , or hire any Ships , but those that border on the Seas , and have Shipping in them . Secondly , that they cannot be compelled to furnish out any other Ships , of any other burden , than such as they have for the present , unlesse they have convenient time allowed them to build others . Thirdly , they cannot be compelled to levie so much money , to returne it to your Exchequer , or to any of your Officers hands , as now they doe when they cannot call them to account , to see how the money is imployed , but that they may , and ought to appoint their owne Officers , Treasurers , and Collectors , to make their owne estimates , proportions , and provisions at the best , and cheapest Rates , as every one doth that is charged and over-rated in their estimates , and put to almost double expence by your Majesties Officers , who are not , neither can be compelled to give your Subjects any accompts , as those Officers may be that collected the Subsidies of Tunnage and Poundage anciently were to doe , 5. R. 2. cap. 3. Fourthly , that they cannot be compelled to hire your Majesties Ships at such rates and with such furniture and provisions , as your Officers shall seeme meet to have and appoint for them ; for by the same reason , your Majesty may enforce those Gentlemen and grand Souldiers , who are bound to keepe Launces , and light Horses , or to provide Armes in every Countie , though they have Armes and Horses of their owne , which are serviceable , to buy or hire your Majesties Horses and Armes every yeare at such Rates as your Officers please , and lay by their owne at your owne Officers rates , and your Merchants that traffique , onely in your Majesties Ships , not in their owne at your owne Officers rates , there being the same reason in both . But your Majesty , as we suppose , cannot enforce your Subjects to the one , to hire your Horses , Armes , or Ships , to trayne or trade with , therefore not to the other . Fiftly , that they cannot be compelled to contribute money to set out forty seven Ships , as they did the last yeare , and yet but twenty seven , and some of them of lesse burden then limited in the Writts to be set out by your Officers , and so scarce halfe the pretended number imployed , and not that money collected , disbursed in that pretended service . Sixtly , that they cannot be enforced to provide forty , forty five , fifty shot round of Powder and Bullets for every Piece in the Ship ; now there is a generall peace , and no likelihood of Sea-fights , when fifteene , twenty , or twenty five at most round is sufficient , and no more was allotted in eighty eight , when the Spanish Fleet came against us , and was of purpose , as may seeme , to put them to double charge . Seaventhly , that they cannot be enforced to pay for new Rigging , Cables , Anchors , Carriages , Powder and Shot , Matches , Pikes , Muskets , & that every yeare , when little or nothing at all of that provision provided and payd for by them the first and last yeare both , is spent but onely victualls , and wages , and all the other provision at the end of the service taken into your Majesties store-house , and so to buy their owne Powder , when the twenty seaven Ships were set out , and thereby at the first gained foure pence in every pound of Powder , when they were so set out , all which were taken into your Majesties store-houses at their returne , but what was vainely shot and spent away the last yeare , and bought againe afresh , amounts to sixteene pence cleere gaine in every pound , and if this third yeare were brought over againe , as it is likely according to a new estimate , will be two shillings foure pence cleere gaine in every pound , the like doubled and trebled againe will be now and every subsequent yeare , if this Tax proceed upon Powder , Shot , and Match , Carriages , and so forth , and all such victualls the onely provision that is spent , the most part of the rest returning , which if your Subjects found and provided at the best rate , and tooke againe into your owne stores upon the Ships returne one quarter of that that they are now rated at , at the best rate , by reason that the remaining provision would discharge the intended service . Eightly , that they cannot be enforced to contribute seaven thousand pounds to the furnishing out of a Ship of seaven thousand Tunne , according to your Majesties Officers estimation , when as they themselves would every way furnish one at the first for five thousand pound and lesse , and the next yeare for lesse than halfe the money , by reason of the remaining store . Ninthly , that they cannot be enforced to give your Majesty after the rate of sixteene shillings or eighteene shillings the Tunne , by the moneth , for the hire of your Ships , when as they can hire other Ships for foure or five shillings the Tunne a moneth , or under , and your Majesty allowed them no more for their Ships than foure shillings a Tunne , when they were imployed at Callis or Rochell voyage , some of which money is yet unsatisfied , through the Officers default , to their impoverishing , whereas your Majesty receives all , or the most part of the money before hand , ere the Ships doe set out to Sea . Tenthly , they ought not to be charged with any such Tax , unlesse those Officers and others whom your Majesty imployes to guard the Sea , put in good securitie , and preserve your Subjects , friends , and Allies , from Pirats and others without damage and losse to any of them . And if any sustaine any damage or losse as none ever did more in our memory , than the last yeare in the west Coasts by the Turkes , to give them full satisfaction and damage , as those that undertooke to guard the Seas at the Subjects charge were obliged to doe , 5. Rich. 2. Stat. 2. cap. 3. the which is but just and equall . Eleventhly , they conceive , that every Subject that is not a Sea-man , is bound by the Law to provide Horse and other Armes for Land service , at their owne proper Costs , according to their estates and abilities , and therefore ought not by Law to be double charged with Sea and Land service too . But that Marriners and Sea-men that are freed from Land service , Muster and Armes , ought onely to be charged with the Sea-service , either out of their owne proper Costs , if discharged of Tunnage and Poundage , or else upon your Majesties , as they were in Mathew Paris , Anno 1213. cap. 224. Mathew Westminster , Anno 1613. pa. 91. and since in Eighty eight , when Land-men were discharged from Sea-service , and Sea-men from Land-service , the one serving with their Horses and Armes onely on Land , the other with Ships on the Sea onely : when Philip of France intended to have invaded the Land , and deprived King Iohn of his Crowne , whom the Pope had injuriously deposed . Upon those grounds wee humbly represent this to your Majesties just and royall consideration . And we most humbly conceive the Tax of Ship-money is altogether unjust and unequall , especially as it is now ordered , and therefore humbly pray to be freed therefrom . Secondly , admit your Majesty by your absolute power prerogative , might impose this present Tax as it is now levied and ordered , yet it is a great grievance , not onely in regard of the forenamed particulars , specified in the preceding Reasons , but of these also ensuing . First , in regard of the greatnesse and excessivenesse of these Charges and Taxes ; the first to the Port Townes only for twenty seaven Anno 1634. came in most Townes to fifteene Subsidies a man , and that the last yeare for forty seaven Ships to all Counties of England and Wales , amounting to three or foure Subsidies in every Countie or more , this present yeare for forty seaven Ships to as much , all these payable at once , the highest Tax that ever was imposed on Subjects in this Realme , for ought wee reade in our Stories , and that in times of generall peace , when the Subsidies of Tunnage and Poundage , of purpose to guard the Sea , by treble , if not six times greater than in Queene Elizabeths , or any other Princes dayes before hers ; and halfe of the Tax or lesse , as we shall be able to prove and make good , will furnish out the Ships set forth . Secondly , the annuall vicissitude of it for three yeares together , in the time of peace , not to be paraleld in any Age , which is like to make a dangerous president for us and our posteritie after us . Thirdly , the inequalitie of taxing of it , in the first Tax ordinary Merchants charged , to pay , ten , twelve , fifteene , yea , twenty five pound , or more ; when as diverse of your great Officers , Earles , and Lords , who had fortie times greater Estates and Annuall revenewes , payd but two , three , foure , or five pound at the most . The last yeares Tax was rated accordingly in Cities and Corporations , where the middle and poore sort of people , payd more than the richest ; and in the Countrey , where men are now rated by the acre ; some Farmers pay more than the richest Knights or Gentlemen , and many poore men who have scarce bread to put in their mouthes , are faine to sell their pewter , bedding , sheepe , and stocke to pay it ; the like inequalitie is in this present yeare , and how the poore who made such hard shift the last yeare , can be able to discharge this , wee are not able to conceive , especially in London and other Cities , who are and have been visited with the plague , where thousands that lived well before the sicknesse , now live upon almes , and they that have meanes and wealth now by the meanes of want of trading , the charge of their families , and their seasements to relieve the poore , are become poore themselves , sitter to have reliefe , than to pay so heavy a Tax as this . Fourthly , the abuse of some Sheriffes and Officers , in levying farre more than is prescribed in the Writts , as in Lincolneshire the last yeare , and other places before . Fiftly , the distreining of such Goods , Chattells , and other Commodities , for Ship-money , as are imported , not exported , whereas no goods , but of such as had Lands onely , have been anciently charged with any Tax towards the guarding of the Seas , as appeareth in the severall Acts of Tunnage and Poundage . Sixtly , the ill guarding of the Seas against Turkes and Pirats , notwithstanding the great Tax , more mischiefe being done by them both by Sea and Land , more of our Ships taken and pillaged by Sea , and some persons carried away Captive from the Land , in the West parts these last yeares , notwithstanding the Navie , than in many yeares before , and no satisfaction given to the Subjects for their irreparable losses , which they ought in Justice to receive . If a Carrier , or Skipper undertake to carry any Goods , and they miscarry through his default and negligence , an Action of the Case lyeth against him , and he shall render all damage to the partie . Your Majesties Officers imployed by you , undertooke to secure the Sea this last yeare , yet when they knew the Turkes were pillaging in the Western parts , they negligently or wilfully left these Coasts unguarded to goe Southwards , to picke a quarrell with the Hollanders Fishermen , or to draw them to a Composition , not having a Ship thereabouts to secure those Coasts , but two onely in the Irish Seas , in the view of which some of your subjects Ships were taken , and yet not one Pirate taken , or brought in by them , though they did so much mischiefe , and tooke so many of your Subjects prisoners , to their undoing . Seventhly , the generall feare and jealousie which your poore Subjects have of an intention of your great Officers to the Crowne , and the ayding of the Seas , a meere pretence to levie and collect it , which jealousie is grounded on these particulars . First , the continuance of the annuall Tax for three yeares together now in times of peace . Secondly , the sending out of twenty seaven Ships the last yeare by your Officers , when money was levied for forty seaven , and the levie of money for forty seaven Ships this yeare againe , when not above twenty seaven are to be set out : this yeare againe for ought we heare of so many , if any be collected ; for these twentie Ships more than are set out in the beginning of this project , they feare worse consequence in the sequell . Thirdly , your Officers mis-informing your Subjects to buy their owne Powder , Match , and Shot , Cording Stores , and other provisions afresh , the last yeare and this , with your full pay the first yeare , and then taken into your Majesties store at the first and last returne , and reteining the estimate as high the last yeare , and that as at first , when as any third part of the first estimate of the old store , and other things considered , would defray the Charge . Fourthly , your Officers having turned Tunnage and Poundage , which is onely abundantly sufficient to defend the Seas withall , into a meere Annuall revenue , and laying the whole charge of guarding the Seas upon your Subjects notwithstanding . Now if the Tunnage and Poundage to guard the Seas withall , be already turned by them into a meere annuall revenue , they feare these also will be so ; the moity of the money collected , being not disbursed for the defence of the Sea , for which it is intended . Fiftly , the speeches and mutterings of some of your Officers , who stile it a duty and project , thereby to improve your Majesties revenues , and for the greatest part of the moneys they make it so . Sixtly , the stopping of some legall proceedings by Replevies or Habeas corpus , to bring the rightfulnesse or lawfulnesse of the Tax , to a faire , just , and speedy tryall and decision . It ever being formerly adjudged contrary unto Magna Charta , 129. 2. E. 3. cap. 8. 18. E. 3. Stat. 3. 20. Eliz. cap. 9. and the Judges Oath . Seaventhly , the levying this as a present supply by some of your great Officers , under colour for guarding the Seas , of purpose to keepe off a Parliament , wherein our particulars may be heard and redressed , and these Officers who have abused your Majesties trust reposed in them , oppressed your people , and violated the just rights and liberties condignly questioned . Eightly , the diverse Corporations of Le. F. P. together with the Clergie men , Exchequer men , Church lands , auncient Demeasnes excepted from Dangilt , and all Taxes and Tallages by prescription or penall Charters , confirmed by Parliament ; and many that have been priviledged from paying of Subsidies , now burthened with this Tax , contrary to these Charters of exemption ; which severall grievances we most humbly submit to your Majesties most wise and gracious Consideration . Ninthly , Admit your Majestie might by your royall Prerogative , Impose the Tax , yet the manifold inconveniences ensuing thereupon , both for the present and future , which we shall here likewise in all humilitie represent to your Majesties royall wisdome , may justly induce your Highnes to free us from this mischievous burthen . For first it causeth a generall decay of trading , both by impairing most of the currant money of England , the meanes of trading , or by breaking and undoing , or casting many poore tradesmen , and those so far behind hand in the world , that they cannot recover themselves againe . Secondly , it causeth many Farmers in the Countrey to breake , or hide their heads , or to give over their Farmes , and makes every where such a multitude of poore , that in a short time , the rich will not bee able to relieve them . Thirdly , it procureth a great decrease and abatement in the Rent and prices of Land , and enhaunceth all other kinde of common duties , and provisions , to such an extraordinary rate , as the poore will not be able to live , and subsist , nor the rich to keepe hospitalitie , and traine up their children to learning and services of Armes , to secure your Majestie , and Countrey , if this Tax should continue . Fourthly , it stops the current of the Common Law of the Realme , by disabling men to prosecute their just suits , and to recover their rights , for want of meanes , which will breed much opposition and confusion , if not prevented . Fiftly , it much discontents the minds , and dejects the spirits , and slackens the industry of most of your Subjects , and causeth many to leave the Kingdome , and to give over trading . Sixtly , it so exhausts your Subjects purses now in the time of peace , that they will not be able , though willing , to supply your Majesty in time of warre , and upon other needfull , important , and necessary occasions ; things considerable , lest that which the History of Great Britaine , H. 7. 44. sect. 197. as Speed writes of Dangilt , prove true of this Tax . Likewise that it empties the Land of all Coine , the Kingdome of all their Ships , Nobles of all their Carriage , the Commons of their Goods , and the Soveraigne of his wonted respect , and reverence , and observance . Seventhly , it makes our neighbour Princes jealous of us , moveth them to fortifie themselves extraordinarily at Sea , more then otherwise they would have done , and to call in the Turkes to annoy and infest us . Eightly , it much hinders traffique of Merchandize , and our Fishing , by imploying diverse of our ablest Ships , Masters , Pilots , Marriners , and Fishermen for this service , who otherwise should and would have been imployed in Merchants voyages and fishings . Ninthly , it is like to bring in great insupportable burthens , and an annuall and constant pay of above three if not foure Subsidies a yeare upon your Subjects , and so breed a dangerous president for posterity , if not now released , or withstood ; For though commonly one swallow maketh not a summer , yet as Mat. Paris Hist. Angl. 822. & 625. Si nunc itcrum fieret , timeri posset non immerito , ne ad consequentiam traheretur ; Binus enim actus inducit consuerudinem . Eo ipso reststendum est , quod Franci contribuerunt . Binus enim actus inducit consuetudinem . A double and treble payment without opposition , will introduce a Custome and prescription , be the Taxes never so unjust and unreasonable ; as the Prelates and Clergie themselves could joyntly conclude in Henry the thirds time , in the Case of Taxes . These most Gracious Soveraigne , are the grounds and reasons wee humbly represent to your sacred Majesty , against the Tax of Ship-money , set on foote , as we have just Cause to suspect , by such who ayme more at their private lucre , and sinister ends , then at your Majesties Honour and service , or your kindreds welfare ; upon which we most humbly supplicate your Majestie to be exonerated of it , since for the premised reasons , we neither can nor dare contribute any more to it . Now because these men who have put your Majesty upon these projects , pretend some auncient president for the lawfulnesse of this Tax for the Ship-money , thereby to induce your Majesty , whose Justice and integritie they know is such , as will never consent to any the least taxations , unjustly to oppresse your Subjects withall , contrary to the just rights and liberties confirmed by your Majesty , and your owne Lawes , to impose it , and exact it as a just dutie , and lawfull tallage , wee shall here for the opening of the unlawfulnesse of it , give a briefe Answer to the chiefest of these presidents , which they produce and suggest to your Majesty , to manifest the illegalities of it . In generall , we give this Answer to all the presidents they produce to justifie this Tax . That there is no direct president in point of Law , to compell the Subjects to finde Ships to guard the Seas , or if there be any one such president , yet that never ruled , neither was adjudged lawfull upon solemne debate , either in Parliament , or any other Court of Justice . Secondly , the presidents produced that have any colour at all to prove the Tax just and legall were before Magna Charta , and the Statutes afore-cited , Taxes and Tallages without consent of Parliament , or at least before Tunnage and Poundage were granted for guarding of the Seas , and not since . Thirdly , that they were onely in times of warre , and open hostilitie , not of peace , as now , this will sufficiently answer all presidents that can be produced . Fourthly , that they were onely either in times of warres , and open hostilitie , or that they were by assent in Parliament , or els withstood , and complained of , as grievous if otherwise . Fiftly , that they were onely for suppressing and taking off Ships upon the Kings hire , and wages , not for setting out of Ships on the Subjects proper Costs , or els for stay of Ships for a time , and so impertinent to the Case in question . Sixtly , that these presidents were not annuall , or for sundry yeares together , but rare , once perchance in an age , and that on speciall occasions , in time of eminent danger , and will not prove pertinent , if duly examined . These generall Answers now premised , wee shall descend to the most materiall particular presidents , the answering which alone will cleere all the rest . A maine president they insist on , is that auncient Tax of Dangilt , they say the same was lawfully imposed by his Majesties royall progenitors on his Subjects by meere royall authoritie without act of Parliament , to defend the Seas and Realme against the Danes . Therefore his Majesty may now impose on his Subjects the like Tax by his royall Prerogative . To this objected president we answer , that there was a double kinde of tribute , called Dangilt , memorized in our Chronicles , and Writers . The first Wigorniensis , and Mathew of Westminster , Anno 983. 986. 994. 1002. 2007. 1011. 871. 873. 1041. Polichronic . lib. 1. cap. 5. lib. 7. cap. 15. 16. Fabian part 6. cap. 194. 200. Graston pa. 162. 164. 165. Master Speeds Hist. lib. 7. cap. 44. sect. 20. 14. 22. 25. lib. 8. cap. 2. sect. 12. William Malmesbury de Justicia regnt Angl. lib. 2. cap. 12. pag. 76. 77. John Salisbury de luctis Anglie . lib. 8. cap. 22. Ad finem . Spilman glossar . pag. 199. 200. Floud . An. pa. 10. 428. Rastalls tearmes de ley , Lit. Dangilt , Minshaws Dictionary , title Dangilt . Seldens Mare Clausum , lib. 2. cap. 11. 15. Imposed by and paid to the Danes themselves , as to conquering enemies , by way of Composition tribute , to the which the King himselfe did contribute as well as the Subjects . This Composition was first begun by Pusillamenus , King Ethelbert by ill advice , Cretineus Archbishop of Canterbury , and other Nobles , Anno 991. This tribute came to ten thousand pound , Anno 983. to as much 986. to 16994. to the like 102. to fourteene thousand pound , Anno 1607. to 300. out of Kent alone Anno 1012. to twenty eight thousand pound , Anno 1014. so Mathew of Westminster and others write , that Ethelbert at five severall times paid the Danes 113000. pounds , and there was granted to him an annuall tribute of 48000. pounds , to be exacted of all the people , which properly was called Dangilt ; which tribute was exacted and collected by Hardicanute , whose Officers were slaine at Worcester in gathering up this exonerable tribute and importable , as Mathew of Westminster , and Malmesbury terme it , De hostibus regni Angl. lib. 1. cap. 12. pag. 76. 77. And when King Swanus the Dane exacted this tribute from Saint Edmondsbury , out of King Edwards Lands , which pleaded exemption from it , he was stabbed to death with King Edwards sword in the middest of his Nobles , as our Historiographers report . Nay , the Dangilt , which may be so termed because it did gelt much and pare mens estates , and emasculated their spirits , hath no Analogie with this Tax of Ship-money . For first it was not payd to a King , but to a conquering Enemy . Secondly , it was payd by the King himselfe , as well as by his Subjects , and that not as a debt or dutie , but a composition or tribute , most unjustly imposed and exacted by an usurping and greedy Enemy . Thirdly , it was exacted by force and violence , not by Law or Right . Fourthly , it was payd by the joynt composition , and agreement both of King and people , not by the Kings absolute power ; that is evident by Florentinus Wigorniensis , and Mat. Westminster , Anno 983. Danis omnes portus regni infestantibus , dum nesciretur , ubi eis occurri deberet , decretum est à viris prudentibus , ut vincerentur argento , qui non poterant ferro . Itaque decem millia librarum soluta Danorum avaritiam expleverunt , Anno 991. Quo audito , datum est ijs tributum decem millia librarum per Consilium Syricii Cantuariensis Archiepiscopi , & aliorum nobilium Regni ut a crebis rapinis , cremationibus & hominum caedibus quae circa maritima agebant cessarent , Anno 994. Tunc Aethelredus per Consilium suorum nobilium dedit iis pensionem de tota Anglia collectam 16000. librarum ut à cadibus hominum innocentium cessarent , Anno 1002. Rex Aethelredus Consilio suorum ob multas Injurias à Danis acceptas tributum illis statuit , & taxati Angli fuere , ut pacem cum eis firmam tenerent , cujus postulationem Concesserunt , & ex eo tempore de tota Angliae sumptus illis & tributum quod erat 36000 lib. persolvebatur , Anno 1012. Dux Edvardus & omnes Anglia primates utriusque ordinis ante Pascha Londini congregati sunt , & ibi tam diu morati sunt , quousque tributum Danis promissum quod erat 45000. l. persolverent . By all which it is evident , that this tribute was not imposed by the Kings absolute power , and will , but by the common consent of all the Peeres in Parliament . Fiftly , it was payd to save and ransome their lives and liberties from a conquering Enemy , not to a Gracious Prince , to secure them from an Enemy . Sixtly , it was then thought and called by all our Historians an Intolerable grievance and oppression ; which as Speed saith in his History of Great Britaine , lib. 7. cap. 44. sect. 147. and others , emptied all our Land of all our Coine in the Kingdome . Therefore in all these respects , no warrant at all of the lawfulnesse of this Tax , but a strong Argument against it , to prove it both an Intolerable grievance , and an unjust vexation . The second Tax , called Dangilt , intended in the Objection , is thus defined in Edward the Confessors Lawes , Cap. 28. by that famous graund Inquest of twelve of the principall men out of every Countie of England , appointed by William the Conquerour in the fourth yeare of his Reigne , as Hoveden , pag. 602. 603. Dangilt was enacted to be payd by reason of Pirats infesting the Countrey , who ceased not to waste it all they could . To represse this their Insolency , it was enacted that Dangilt should be yearely rendred , to wit , one shilling out of every Plough land throughout England , to hire those that might resist or prevent the occasion or eruption of Pirats . The black Booke of the Exchequer , Lib. 1. cap. 11. thus defines it , to repulse the Danes ; It was enacted by the Kings of England in Parliament , that out of every hide of Land by a certaine perpetuall Rent , two shillings should be payd to the use of Valiant men , who had diligently and continually should guard the Sea Coasts , should represse the force , and the assaults of the Enemy ; because therefore two shillings rent was principally instituted for the Danes , it was called Danes gelt . But that president of the second sort of Dangilt , most insisted upon , is so farre from warranting of the lawfulnesse of this present Tax , that in truth it is an unanswerable argument against it , if well considered ; For the first , it was not imposed upon the subject by the Kings absolute Prerogative , as this is ; but granted and imposed by Parliament , with the peoples consent , as Tunnage and Poundage hath been since . This is evident by the Lawes of the Confessor , Et ad eam insolentiam reprimendam , statutum est dare geldum , reddi conjunctim , &c. If therefore at first enacted to be payd yearely one shilling out of every hide of Land , to finde men to guard the Sea and Sea Coasts , against the Danes and Pirates , that then this was certainly granted and enacted by Parliament , since the King alone by his absolute power , much lesse to such a Writ as now issueth , could make no such Act or annuall Law . Secondly , by this the blacke Booke of the Exchequer , H. 1. cap. 11. Ad injurias igitur arcendas à Regibus Angliae , to wit , in Parliament , where the Kings of England are said onely to enact Lawes , and the Lawes then enacted are said to be the Kings Lawes and Acts , because his assent is unto them binding , Statutum est ut de singulis hidis Iure quodam perpetuo duos solidos argenti solverent ad usus nostros , cum factum & hoc legitur antiquâ lege , &c. If then this were enacted by a certaine perpetuall Law , and payd by an annuall Law , as by this Exchequer Record appeares , then certainly by an Act of Parliament . Thirdly , by an addition to the Lawes of King Edward the Confessor , Cap. 12. cited in Hoveden likewise , Annalium posteriorum pag. 603. which saith that every Church wheresoever situated is exempted from this Tax , untill the dayes of William Rufus , because they put more confidence in the prayers of the Church , than in the defence of Armes , Donec tandem à Baronibus Angliae auxilium requirebatur ad Normandiam requirendam & retinendam de Roberto sue fratre cognomine Curt. concessum est ei , non lege sanctum atque firmatum , sed hoc necessitatis causa erat de unaquaque hide , quatuor solidos , ecclesia non excepta : dum vero collectio census fieret proclamabat , ecclesiae suae reposcens libertatem , sed nihil profecit , by which exemption of the Church and Church Lands , from this Tax , and this request of William Rufus to his Barons , to grant him their Ayd , to gaine and retaine Normandy , which they did grant unto him onely for their present necessitie , but did not annually establish and confirme the graunt of foure shillings on a hide land by Law , as Dangilt first was granted , and that upon the lands of the Church , as well as others , it seemes most apparent , that Dangilt and this Tax succeeding in lieu of it , and then taken by graunt , was first granted by Parliament , and that then no such Tax could be imposed by Kings , even in times of warre and necessitie , to regaine and preserve their proper Inheritance , but by Parliament . Fourthly , by Sir Henry Spilman in his authorized Glossary , 1626. title Dangelt , pa. 2009. 201 Mr. Selden in his Mare clausum , 1636. dedicated to your Majesty , and published by your Majesties speciall cōmand , 6. 2. cap. 11. 15. who both include to this opinion , that the Dangelt was most imposed by royall authority , but given by the peoples full consent in Parliament , and that the taxes which succeeded were not annually granted nor paid , but onely in time of Warre , sc. Consult . etiam magnatibus & Parliament . secundum authoritatem , the advice of the great men of the Kingdome and by the authority of Parliament . If then this taxe of Dangelt to defend the Seas was granted and imposed by Parliament onely with these taxes that succeed it , not by the Kings royall prerogative without a Parliament : This taxe for the Shipmoney also ought to be thus imposed , and not otherwise even by thefe present Examples . Secondly , the Dangelt was not imposed or enacted in times of Peace , but if Warre ceased , the taxe also ceased in point of Law , and it is Iustice according to the Law and Philosophers rule , cessante causa , cessat effectus , that the taxe lasted and was granted , and lawfully taken , onely during the warres with the Danes , is most apparant by the fore-recited orders of Edw. the Confessors Lawes , cap. 12. by the black booke of the Exchequelib . 1. cap 11. which addes moreover , that when the land had the taxe being vnder Wm. the Conquerour , Noluit hoc annuum solvi quod erat urgenti necessitate bellicis tempestatibus exactum , non tamen omnino propter Importunarum causas dimitti rerum : igitur temporibus ejus vel successoribus ipsius solutum est hoc cum ab exteris periculis bella vel opiniones bellorum fuere , which Sir Henry Spilman in the very same words , in librum Glossarii . If then this Dangelt though granted by Parliament , was due and collected by right on the subjects onely in time of forraigne Warres , not in dayes of peace , we have neither open Warre nor any opinion nor eminent feare of Warres with any enemy , or forraigne danger , but a direct president against it , we being now in peace with all our neighbours , Thirdly , the Dangelt though granted by Parliament , when it begun to be usurped as an annuall duty by the Kings of England , and that in times of peace , as well as Warre , was complained of as an insufferable Grievance , and thereupon formerly released to the subject by foure severall Kings : First by that good and gracious King , Edward the Confessor , of W. Ingulphus our ancient Historian , pa. 897. which Mr. Selden in his Mare clausum , and Sir Henry Spilman in his Glossarium title Dangelt out of him writes this , Anno 1051. when the Earth yeelds not her fruits after her accustomed fertilitie , but devoured divers of her Inhabitants with Famine , Insomuch that many thousands of men dyed for want of Bread , the most pious King Edward the Confessour moved with pity towards his people Tributum graviss . the Dangelt dict , or by Angl. imperpetuum relaxavit , for ever released to England the most grievous taxe called Dangelt ; some adde and report , that when his Lord Chamberlaine had brought the Dangelt then collected into his Bed-chamber , and carried him in thither to see so great a heape of Treasure , the King was agast at the very sight of it , protesting that hee saw a Divell dance vpon the great pile of money , and tryumphing with overmuch Joy ; whereupon hee presently commanded it to be restored to the first Owners , Ex tam fera exactions ista ne unum volint ritinere . An excellent precedent both of Justice and Charity for your Majestie now to imitate in these dayes of Plague and penury , qui enim in perpetuum remisit ; To wit , in the 28 yeare from that time that Swanus King of the Danes commanded it yearely to bee payed to his Army . In the time of King Ethelbert his Father , Matthew Westmonaster . 105 Polycronicon . lib. 6. cap. 24. Fabian in his Chronicle , pag. 150. and Speed in his History of Great Brittaine , Liber 8. cap. 6. sect. 7. pag. 410. with others record , that Edw. the Confessor discharged Englishmen of the great and heavy tribute called Dangelt , which his Father Ethelbert had made them to pay to the souldiers of Denmark , so that after that day , saith Fabian , it was no more gathered . This good King releasing it to all England as a most cruell and heavy taxation , and restoring that mony collected by it , to his eternall Honor , we hope his Majesties gracious Successor can or will alter that which hath beene discontinued 600 yeares and upwards , & can renue it by your prerogative as a lawfull duty , but rather for ever to remit it , and restore the money collected as he did . Secondly , it was released by Wm the Conqueror from requiring it , there was the like tax for a time imposing a taxe of 6s . on every Hide of land toward the payment of his souldiers as a Conquerour , caused rebellion against him in the Western parts , polycronicon lib. 7. cap. 3. Fab. 7. lib. cap. 119 220 pag. 300 308. did at the last release this taxe of Dangelt but onely in time of warre , as appeareth by the black booke in the Exchequer formerly cared , which writes thus : Ipse namque regnat tam diu quam terrae marisque predones hostiles cohibet incursus , Cum ergo dominus solvisset terre sub ejusdem Regis Imperio noluit hoc esse ann●● quod solv . fuerit urgente necessitate bellicis tempestatibus exactum nec tamen annuum non propter Inopinatos casus , dimitti ratione igitur temporibus ejus , or rather never for ought appeares by our Chronicles and Records , vel successorib . ipsius solutum est , hoc est cum exteris gentibus bella vel opiniones bellorum insurgebant : This Conqueror therefore releasing the annuall payment of it in time of peace , as unjust and unreasonable and against the primitive institution of it , and demanding it onely in time of warre , your Majesty comming to the Crown by lawfull succession and Inheritance , not by an absolute conquest as he , ought much more to release , and by no meanes to demand any such taxe in times of peace . Thirdly , it was released by King Hen. 1. who as in the beginning of his raigne Spilmans Glossary , pag. 200 201. exempted the Charter of London , and all Knights by his great Charter from Dangelt , to wit 12d out of every hide land , or other land , which taxe it seemes by his lawes , cap. 16. was granted to him in Parliament , so hee made a vow he would release the Danes tribute , Polycronicon lib. 7. cap. 17. Spilmans Glossary , pa. 200. 201. & it seems he was as good or better thē his word ; for Fab. pag. 7. cap. 239. pa. 327. and 4th story that he releases vnto Englishmen the Dangelt that was by his Father removed , to wit , by a grant in Parliament , as appeares by Edw. the Confessors lawes , cap. 12. the lawes of H. 1. stat . cap. 16. Hovedens annuall parte posteriori , pa. 603. Spil . Glossary , pa. 200 201. and he released it , then also we hope your Majesty cannot in Justice renue it or the like taxe now . Fourthly , it was released by King Stephen both at his Coronation , and a Parliament held at Oxford ; for Polycronicon . lib. 7. cap. 18. fol. 283. Fab. part 7. cap. 232. 233. Hovedens annum parte priore , Pag. 482. pag. 4. Spilman , pag. 28. records , That when King Stephen was Crowned he swore before the Lords at Oxford , that he would forgive Dangelt as King Henry before him had done , and that Anno 1136. hee comming to Oxford confirmed the Covenant which hee had made to GOD , the people , and holy Church in the day of his Coronation , the last clause whereof vvas this ; that Dangelt , Idest duos solidos quos antecessores sui accipere soliti sunt in Aeternum condonoret , this hee would for ever , that is two shillings of every Hide land which his Ancestors were accustomed to receive , and though Hoveden lay the brand of Perjurie on him . Hac principaliter Deo venit & alia sed nihil horum servavit ; Yet we neither finde nor reade in our Record or Chronicles , that this taxe of Dangelt or any of the like nature was ever imposed since that time by him or any of his Successors , but by the advice of the Great men of the Realme , Et Parliamenti authoritate , for so that homo antiquar . Sir Henry Spilman concludes in his Glosse , pag. 201. Being thus for ever released as an intolerable Grievance and exaction by these foure severall Kings , and discontinued full 500 yeares and not revived . Wee humbly conceive that these antiquated and so often so anciently released exactions , or any of the like nature ought not nor cannot either in point of Honour , Law , or Justice be revived , or imposed on Us by your Majesty now , and that this Taxe is successefully released as a Grievance though at first granted by Parliament , can be no president to prove the lawfulnesse of this present Tax , but a most pregnant Evidence against it , having no cōtinuance or allowance at all from any Parliament as Dangelt had . Fiftly , admit that the tax of Dangelt were not imposed by Parliament but onely for Regall power , and that lawfull in these antient times , as is pretended , all which we have manifestly proved voyd ; yet it is no Argument at all to prove the lawfulnesse of this present taxe of Ship-money and that in these respects . First , that Dangelt was first imposed in time of Warre and destruction before the government of the Kingdome was setled by good lawes ; therefore no president for this in time of Peace , nor in this setled estate of the Realme , so long continued in wholsome Lawes . Secondly , it was before any extant Statutes made against the imposing of any Taxe , tallage , aide , or benevolence , without common consent of the Lords spirituall and temporall , and Commons in Parliament , this and divers fore-recited Acts of this nature against it , are ratified by your Majesty in the Petition of Right . Thirdly , it was before any subsidie of Tonnage and poundage granted to guard the Seas and Sea Costs to exempt the subject from these , and all other taxes for that purpose , and in truth it was the Tonnage , and poundage of those times that after Tonnage and Poundage granted to guard the Seas , &c. Fourthly , it was certaine first 1s . afterwards , 2s . every hide land , and that certainly limited , this arbitrary and incertainly now , rated by any Parliament . Fiftly , that was onely charged vpon lands , not goods , this on goods , and those that have no lands . Sixtly , it was not alwaies annually paid , but in times of warres , as Spil . Glossary , pa. 200 and diuers others fore-recited authors have it thus : Now for 3. yeares together in time of peace , in these respects therefore we humbly declare vnto your Majesty that this principall president of Dangelt is no warrant of all for lawfulnesse of this taxe of Shipmoney , but a cleere and vndeniable authority against it , in answering whereof we have deseated and cleered , and so answered most other presidents . The next Presidents that are objected , are those out of ancient stories , Mat. Westm. Anno 874 writes of King Alfred that when the Danesinvaded the Realme with two Navies having prepared a Navy to set it to Sea , tooke one of the Enemies ships , and put sixe more to flight , Anno 877. the enemies then encreasing in all parts , the King commanded Galies and Galeas 2 & long as naves fubricari per Regnum , & prelio hostili adventantibus obcurrit imposit is que piratio in illis viis maris custodiendis commisit Anno 877. & 992 , that King Alfred appointed guardians in severall parts of the Realme against the Danes , quo etiam tempore fecit Rex Alfridus totum Navile quod terrestre prelio Regni sui tranquillitati providerat : that Anno 1008. Rex Ethelberdus jussit parari , 310. hadis navem vnam & ex orto hi tum galeam vnam & loricam , that Anno 1040. Rex Hardecanutus vnumquemque reminisci suas classes orto mencos & singulis rationibus decem naues de tota Angl. pendi precipit vnde cuncti qui ejus advent . prius oraverunt exosus est effectus . It is added with all that those Kings imposed ships and ship-money on the subjects , therefore your Majesty may doe the like . To these presidenrs we answer . First , that they are onely in time of open Warre , and invasion by enemies for the Kingdomes necessary defence , not in times of peace . Againe the three first of them are onely that the King provided a Navie , commanded ships to be builded through the Kingdome , to guard the Seas , and encounter the enemy as well by Sea as by Land , but speakes not that this was done at the subjects owne charge , nor that any tax was laid upon them for it , or that the Command of his was obeyed , or that he might lawfully impose a charge on his subjects without their common consent . The fourth of them Anno 1008. saith of Ethelbert , that he commands one ship to be provided for , out of every two hundred and tenne Acres ; but saith not , that this command was not by the King absolute power onely , for it might be by common consent in Parliament agreed upon , for ought appeares , or that this command was just , and lawfull ; neither doth he informe us that they were built : Wigorniensis , Anno 1008. addes that they were accordingly prepared , and that the King put these souldiers into them with Victuals , that they might defend the Coasts of the Kingdome from the incursion of Forreyners , so that the subjects were not onely at the charge of the building of the ships , the King for the Victuals , Marriners , souldiers , and wages , and in truth when all was done , they had but bad successe , for the same Historian saith , that a great storme arose , which tore and bruised the ships , and drove them a shore , where Holuo thus burnt them , sic totius populi maximus labor periit , yet this president though nearest of all , comes not home to the present cause . First , because it was onely to build ships in the case of necessity for defence of the Realme , where there wanted ships to guard it , but now ( thankes be to God ) we have ships enough already built to guard the Sea against all the World . Secondly , every 100 and ten Acres to build a ship of 3 Oares , unam triremem , Wigorne writes , but not taxed to pay so much to build one as now . Thirdly , the ships built , were set out not at the subjects , but at the Kings charge and cost , therefore no president for this Taxe to set out ships built at ours . Fourthly , the charge was certaine , and equall every hide land , being equally charged ; this altogether uncertaine and unequall . Fifthly , this was after the time of Dangelt was set on foot , therefore not done by the Kings absolute power , but by common consent in Parliament , as we have proved Dangelt to be granted . Sixthly , this president proves onely that such a thing , was there commanded to be done by the King , not that the King might or did lawfully command , or enforce the subjects to doe it without the common consent . Seventhly , that was no annuall charge put on the subjects , as that now , but extraordinary , not drawne into practice since , for ought that appeares , therefore differeth from this Tax of Ship-money . Eightly , no corporation , or goods , were then charged but onely lands , and all were ruled by the land they held , therfore this extēds not to justifie the tax of ship-money , which is laid upon Corporations , Goods , and such as have no Land at all . Ninthly , no man was enjoyned this under pain of Imprisonment , nor his goods distrained , or sold if he refused it , for of this there is not a syllable , therefore no president to warrant the present imprisonment , and destreining of these mens goods , who now refuse to pay the tax , for that of Hardicanutus not to be just , and lawfull , but an illegall , and tyrannicall Act , which saith Mat. Westm. Anno 1040. made him odious and harefull to those that desired him for their King , before Florentinus Wigorniensis , Anno 1040. adds that it was such a tribute , that scarce any man could pay it , quapropter ab iis qui prius adventum ejus desider abant magnopere factus est exosus summopere memorabile , & importabile quod cum ciuibus extincti sunt , and such a grievous insupportable Tax , as that was then reported , imposed by noe hereditary Prince , but a forraine Danish Tyrant who dyed in drinke amidst his cups very shortly after , as all our Historians Record , be made or deemed a just and lawfull president for your Majesty row to follow ( God forbid . ) Thirdly , wee answer that all these presidents were before the government of the Kingdome was setled , before any Charter , or other Statutes against Taxes , and tallages , loanes , aydes , and benevolences , without common consent in Parliament , enacted before Tonnage and poundage granted , therefore insufficient to this present cause . Fourthly , neither of the presidents was ever adjudged lawfull against the subjects , and therefore not binding poore pr. 3. 93. Slades case , Cook 6. 75. and they are very ancient . Fifthly , all these were during the time of Dangelt , and involved in it , what there we answer to that of Dangelt , is applyable to all , and each of these , and that making cleere nothing for this taxe , as we have manifested , these presidents must doe the like . The chiefe and most pertinent of all other since that of Dangelt , is that of King Iohn , 1213. who being injuriously deprived of his crowne and Kingdome at Rome by the Pope : at the earnest solicitation of that arch Traytor Stephen Langton , Archbishop of Canterbury , William Bishop of London , and the Bishop of Ely , these Prelates departing from Rome , went into France , and there conspired with the Bishops , and King Philip of France against their owne Soveraigne ; they then solemnly published the deposition and sentence of the Pope given against him at Rome , and then in the behalfe of the Pope , they enjoyned aswell the King of France , as all other men , as would obtaine remission of sinnes : that uniting themselves together , they would all goe into England , in an hostile manner , and depose King John of his Crowne and Kingdome , and substitute another worthy man in his stead by the papisticall authority , when as the Apostles never deposed any Princes of their Crowne and Kingdome , but commanded all to feare , and submit to them , Rom. 13. 12. 1 Tim. 13. 12. 1 Pet. 2. 13. Hereupon the King of France prepared a very strong , and great Army and Navie to invade England both by Sea and Land , to depose King John , and to get the Crowne of England to himselfe . King John having perfect intelligence of all these things , in the moneth of March commanded ships excellently furnished , to come together out of all the parts of England , that so he might with strong hand resist boldly those that intended to invade England , he likewise raised , & gathered together a very great Army , out of all England , and Ireland , and the places adjoyning , that Mat. Westm. 1213. pa. 90. relates the story , Mat. Paris addes this unto , that the King in the Moneth of March , caused all the ships out of the Ports of England to be in readinesse , by his Writ which he directed to all the Bayliffes of the Ports in these words . Johannes Rex Angliae , &c. praecipimus tibi quatenus visis istis literis eas in propria persona vna cum balivis portuum ad singulos portus , & balliva tua , & facias diligenter numerare equos aut plures & praecipuos ex parte vestra , Magistri omnium naviu illorum quorum naves sunt quot sunt , suos & naves suas & omnia sua diligenter habea●●t illas apud Pert●●osum in media quadra gessis be●●e ordinat . bonis & probis marinellis & bene armatis qui ituri sunt in servitium nostrum , ad liberationes nostras & tum habeas ibi memoriter & distincte in breviate . fere post quorum nomina in singulis partibus inveneris , & quorum ipsi sunt , & quot equos quilibet ferre potest & hunc facias nobis scire quot & quae naves iis fuerunt in partibus suis die dominico primo post cineres sicut praecipimus & habeas ibi hoc breve teste meipso apud novum templum tertio die Martii . These things thus done concerning ships , the King sent other letters to all the Sheriffes of this Kingdome , in this forme . Johannes Rex Angliae , &c. Summoniens per bonos summonitores Barones , milites , & omnes liberos homines & servientes vel quicunque sunt vel quocumque tendunt qui arma debent habere , vel arma habere possunt , & qui homagium nobis vel ligantium fecerunt quod sicut nos & semetipsos . & omni sua diligunt sint apud Doveram Instant . clausam paschae bene parati cum equis & armis , & cum toto posse suo ad defendendum Caput nostrum , & capita sua & terram Angliae quod nullus remaneat qui arma portare poterit sub nomine Culvertugii & perpetuae servitutis & ut illi veniant ad capiendos solidos nostros habend . victualia & omnia mercata balroarium mare venire facias ut sequantur exercitum nostris hominibus belli . Ita quod mille mercarum de Ballivis alibi teneatur ; alit . tuipse tum sis ibi cum predictis summonitoribus & scias quod scire volumus quomodo venerunt & qui non , & videas quod te est formale venias cum equis & armis & hoc ita exequeris ne inde certificandum , ad corpus tuum nos capere debeamus & inde habeas rotulum tuum ad nos certificand . quis remanesrit . These two Writs therefore being divulged throughout England , there came together to the Sea coasts in divers places where the King most suspected , to wit , at Dover , Feverisham , and Ipswich men of different condition , and age fearing nothing more then that report of Culvertage , but when after a few dayes there wanted victuals for so great a multitude , the chiefe Commanders of the Warres sent home a great company of the unarmed vulgar , retaining onely the Knights , their servants , and free-men , with the slingers , and Archers neere the Sea Coast ; moreover John Bishop of Norwich , came out of Ireland with 500 souldiers , and many horsemen to the King , and were joyfully received of him . All therefore being assembled to the battle , and mustered at Bark Downes , there were amongst selected souldiers , and servants strong , and well armed 60000. valiant men , who if they all had one heart , and one mind towards the King of England , and defence of their Country : there had not bin a Prince under heaven , against whom the King of England might not have defended himselfe safe : Moreover , if the King of England resolved to joyne in battell at Sea with the Adversaries , that they might drowne them in the Sea before they could land ; for he had a greater Navie then , then the King of France , whence hee conceived greatest security of resisting the Enemies thus , Mat. Westm. Paris History of England , Anno 12 , 13. pag. 224. 225. whose words we have related at large , to cleere and take off the edge of this Prime president , in answering which , since all things will be cleered from these Writs , to presse and provide ships ; your Majesties Officers would inferre the lawfulnesse of these Writs , for ships & ship-money now . But under correction , we humbly conceive , that this president makes much against , and nothing at all for these Writs , and taxes which now issue forth : for First , it was before Magna Charta , the taxes and Tallages , the Petition of Right , or any Subsidie , Tonnage or poundage to guard the Sea , the statutes are against them . Secondly , it was onely directly in Port-townes , that had ships , not to Countries and places that had no ships , as the Writs are now . Thirdly , it was to the Masters , and Owners of ships , not to any other persons , who being exempted from all Land-service , were to serve the King and Kingdome at this pinch and extreamity at Sea , but these Writs reach to all , aswell those that have no ships as others . Fourthly , it was onely to furnish out their owne ships , not to contribute money to hire the Kings ships or others , or to build new of other , or greater Burthens thē these that had bin . These Writs now are contrary to this in all these respects , at least in the intention and execution . Fifthly , here was no leavying of money to be paid to King John , his Executors , or Officers hands to provide , or hire ships as now , but every man was left to furnish his owne ships at his best rates , with his owne provision and Marriners , this quite otherwise . Sixthly , though the Marriners and Owners of the ships were by this Writ to furnish ships at their owne proper costs , yet when they were thus furnished , the King was to pay them both wages , hire , and freight , as his successors ever had done , since when they pressed any of your subjects ships , or Carts for Warre , or Carriage , these were the words , Iterum in servitium nostrum ad liberationes nostras , which imply a Constancie as in all like Cases , yea of your Majesty who now pay wages , and freight for all the Mariners and Marchants ships , your presse resolves as much , therefore this makes nothing at all , for this enforceing the subjects to set out ships to guard the Seas , to serve your Majesty at your owne proper costs and charges , but point blanke against it . Seventhly , this president makes it evident that those who are bound by their Teunres , Lands and Lawes of the Kingdome to serve the King , and defend the Kingdome by Land , as all the horses , foote , Train'd Bands , and Companies throughout England , neither have bin ought to be charged with any Sea-services , for heere all the Land men are charged to serve the King , and defend the Kingdome by Land , and these Sea-men onely by Sea , neither of them enforced to serve or contribute to any service or defence both by Sea and Land , for that had bin double and unreasonable charge , therefore now who are charged with Land-service by these very presidents related , ought not to be taxed towards the setting out of ships , but Sea-men onely are to gùard the seas with such ships as they have , and no other , vpon your Majesties pay , therefore these Writs which charge Land-men to contribute to the setting out of ships , are directly against these Presidents , and the Lawes , and practice of these Lawes . Eightly , These Land men that were not bound by their Tenures , and Lands to fine , and yet were able to beare Armes , were to receive the Kings pay , and not to serve gratis even in this necessary defence of the Kingdome , as these words ad capiendum solidos nostros , resolve , therefore certainly Mariners in those ships received the Kings pay too , and the owners freight as now they doe from your Majesty , and so the King , not the Subjects bare the charge of the shipping then , and if so in that time , and age before Tonnage and poundage , then your Majesty ought much more now to doe it , since Tonnage and poundage is taken for that purpose . Ninthly , this Writ was in an extraordinary cause upon an extraordinary Exigent , and occasion . The King was heere deprived of his Crowne and Kingdome , most unjustly by the Pope , and the instigation of these treacherous Prelates , and both of them given to King Philip of France , a strong Army both by Sea and Land , was ready to invade this Land , yea , to take possession of his Crowne , and Kingdome , this extraordinary suddaine Exigent put the Kingdome to these two extremities of those Writs , there being therefore ( blessed be GOD ) no such extraordinary occasion as then , this President being extraordinary , is nothing pertinent to the Writs now in question , nor any proofe at all of the lawfulnesse of this Taxe . Tenthly , it was in a time of open , and eminent Warre , and danger , onely upon invasion ready to be made upon the Realme by a forraine Prince , and Enemy both by Sea , and Land , therefore no proofe of the lawfulnesse of the present Writs and Taxes in time of peace . For instance , First , Marshall Law may be executed and exercised by your Majesties Commission and Prerogative in time of Warre , but not in peace , as was lately resolved by your Majesty and the whole Parliament in the Petition of Right . Secondly , the Kings of England , in times of open Warre , might compell trained souldiers and others out of their owne Counties to the Sea coast , or other parts , for the necessary defence of the Realme , but this they cannot doe in time of Peace . 1. E. 3. 4. 5. Parliament . M. Ca. 3. Thirdly , the Kings of England , in time of forraine Warres , might by their Prerogative Royall , seize the Land of all Priors , Aliens , when they were extant in England , but that they could not doe in times of Peace , 27. Asss. 48. 38. Asss. 20. pag. 27. Asss. lib. 3. 2. Cap. 8. Ed. 3. 38. 27. E. 3. 16. 40. E. 3. 10. 14. H. 4. 36. 22. E. 3. 43. 21. H. 4. 11. 12. Fourthly , that the Kings of England , when they had defensive Warres with Scotland , they might lawfully demand , receive , and take Escuage of their subjects , and so did other Lords of their Tenants , but in times of peace , they neither did , nor could doe otherwise . Lit. Sect. 199. 95. 98. 100. 101. 102. Fifthly , the Dangelt there granted at first , by common consent of the people in PARLIAMENT , was due onely in the time of Warre , and not of peace ; as appeares by the Premisses . Sixthly , subsidies and aides in former times were not demanded by KINGS , nor granted in Parliament by the subjects , but in time of Warre , or to defray the debts of the Prince , contracted by the Warres , 14 E. 3. Ca , 21. 15. E. 3. Ca. 12. 3. stat . 2. stat . 3. Ca. 1. 25. E. 3. stat . 7. 11. H. 4. Ca. 10. 32. H. 8. cap. 23. 37. H. 8. 1. 14. and other fore-recited Acts . Seventhly , the Goods of their Enemies may be lawfully seized by the King , and his subjects , in time of open Warre , not in dayes of Peace . 2. R. 3. 2. 7. E. 4. 13. 44. Bro. forfeit 5. 22. Ed , 4. 45. 22. Ed. 3. 16 , 17. 36. H. 8. Bro. property , 38. Ployd . 384. Eightly , by the custome of Kent , and the common Law , not onely the KINGS of ENGLAND , but their Subjects too , may justifie their entry into another mans ground , and the making of Bulwarks and entrenchments therein of defence , or offence of the Enemy in time of Warre , which they cannot doe in time of Peace . 8. Ed. 4. 73. Bro. Custome 45. and trespasse 406. Ninthly , in times of Warre , men may justifie the pulling downe of Houses , and Suburbs adjoyning to a Fort , or City , for their better defence and safety , but they cannot doe it in time of Peace . 14. H. 8. 16. Bro. trespasse . 406. Tenthly , Your Majesties Royall Progenitors , might appoint Marchants and others , in time of Warres for your Armies , and Forts , without Commission , not onely in time of peace . 14. E. 3. 2. 19. And so might Lords and Knights give Liveries in time of Warre , but not in peace . 17. H. 4. Ca. 14. 8. H. 6. Ca. 4. 1. H. 4. Ca. 7. by these tenne Cases then to omit others , It is apparent , that there is a vast and infinite difference in one , and the selfe-same Act in time of Warre , and of peace , that the same Act may be lawfull in time of Hostility ; yet utterly unlawfull in the dayes of peace , this President is no Argument of the lawfulnesse of this Taxe , nor any others of like nature that can be objected , being onely in time of Warre to prove the taxe of Ship-money , nor yet for pressing Ship-vales for carriage , and other speciall service upon hire , and your Majesties owne wages , not at the Subjects costs , as Carts , horses , Loyters are now often pressed in these times of Peace , but a direct Argument against them , as the tenne fore-cited Cases doe evidence . For any other pretended president that may be alledged to prove the lawfulnesse of this Taxe wee intend for brevities sake here not to trouble your Majestie with any particular Answer unto them , they being all answered fully in these fore-objected , the prime and most pertinent that are extant , yet now , as wee have cleered them point blanke against those Writs and Taxes for Ship-money . These , our most gracious Soveraigne , are the Grounds , Reasons and Authorities on the one hand , and Replies on the other : whereupon wee humbly conceive these Writs and Taxes of Ship-money wherewith wee have lately beene , and yet are grievously burthened , to be directly contrary to the Lawes and Statutes of this your Realme , and the antient Just hereditary Rights and Liberties of your poore Subjects , and an intollerable Grievance and oppression to us all , which wee here in all humblenesse submit to your Highnesse most just , and mature consideration , not doubting but your Majestie , however formerly by some of Your great Officers mis-informed of the legalitie of it , will now upon the serious view of this our humble , and dutifull Remonstrance which wee in all Humility , together with our selves prostrate at Your Royall feete , will alter Your royall Judgement of this Taxe , and conclude it to be against the Lawes , and our Rights and Liberties , wee almost assure our selves , that your Majesties most Honourable privie Counsell , with the Reverend sage Judges of the Common Law , if seriously charged on their Allegiance to your Majesties Highnesse without feare , or flattery what they conceive of the lawfulnesse of those Writs , and Taxes , will upon the Consideration of these our Reasons and Answers to these chiefest presidents , at leastwise upon the full hearing of the Arguments of our Counsell learned in the Lawes , ready to debate it more amply , if this short Remonstrance be not satisfactory , with our Councell may be fairely and indifferently heard in all your Majesties Courts of Justice where this Point shall be drawne in question by us if occasion require , truly informing Your Majestie , that they concurre in Judgement with us in these , that these Writs and Taxes are against the Lawes and Statutes of this your Realme , the ancient Rights and Liberties of us Your Subjects , which wee know and are assured Your most Gracious Majesty will inviolably preserve considering your promised Oath , and Regall protestation , notwithstanding the mis-information and false suggestion of any of Your great Officers , and Servants to the contrary ; the rather , because it was Your late royall Fathers Speech of blessed memory to all the Nobles , Commons , and people in the Parliament house , Anno 1609. twice Printed for an eternall monument of his Goodnesse , and reall Justice by his speciall Command , both by it selfe , and in the large Volumes of his peerelesse Workes : That a King Governing in a setled Kingdome leaves to be a King , and degenerates into a Tyrant so soone as hee leaves to Rule by his Lawes ; Therefore , all Kings that are not Tyrants or perjured , will be glad to bound themselves within the limits of the Lawes , and they that perswade them to the contrary , are * Projectors , Vipers , and Pests , both against them , and the Common-wealth . Upon the tender Considerations of these premisses , we most humbly beseech Your most Excellent Majestie , out of your Princely goodnesse and Justice since by the great God of Israel commanded , hee that rules over men must , and ought to bee just , ruling in the feare of God , and wee all know and beleeve your Majesty to bee such a Ruler set upon Gods owne Throne over us your people , for that purpose , to doe Justice and Judgement to all your loyall Subjects , in all Cases whatsoever , especially such as are most publique , and of greatest Consequence to your peoples woe or weale , to exonerate Us your true hearted , dutifull Subjects from these your Royall writs , and heavie Taxations , which wee neither can , nor dare any longer contribute to , for the premised Reasons . And wee , as our Common duty ever obligeth Us , shall persevere to pray for your Majestie long to continue a most just , and gracious Prince over us to our joynt and severall comforts , and to Your owne eternall Honour , in the surviving monuments and Annals of your Fame . A List of Ships with their Charge . Ships . Tunnes . Men . Money . BArkshire 1 400 160 4000 Bedfordshire 1 400 120 3000 Bristoll 1 200 80 2000 Buckingamshire 1 450 180 4500 Cambridgeshire 1 350 140 3500 Cheshire 1 350 140 3500 Cornwall 1 650 260 6500 Cumb. and Westm. 1 100 40 1000 Darbyshire 1 350 40 3500 Devonshire 1 900 360 9000 Durham 1 200 80 2000 Dorsetshire 1 550 220 5000 Essex 1 800 320 8000 Glocestershire 1 550 220 5500 Hampshire 1 600 260 6000 Huntingtonshire 1 200 80 2000 Herefordshire 1 400 160 4000 Kent 1 800 320 8000 Lancashire 1 350 140 3500 Lestershire 1 450 180 4500 Lincolnshire 1 800 320 8000 London 2 each 800 320 16000 Middlesex 1 550 220 5500 Munmoth 1 150 60 1500 Norfolke 1 800 320 8000 Northumberland 1 500 200 5000 Northampton 1 600 240 6000 North Wales 1 400 160 4000 Nottingham 1 350 140 3500 Oxford 1 350 140 3500 Rutland 1 100 40 1000 Salop 1 450 180 4500 South Wales 1 490 200 4900 Stafford 1 200 80 2000 Suffolke 1 800 320 8000 Somerset 1 800 320 8000 Surrey 1 400 160 4000 Sussex 1 500 200 5000 Warwicke 1 400 160 4000 Wiltshire 1 700 129 7000 Worcestershire 1 400 161 4000 Yorkshire 2 600 240 12000 Ships . Tunnes . Men . Money . Summe , 45. 20450. 98030. 228500. FINIS . Notes, typically marginal, from the original text Notes for div A91195e-100 * Note well these fitting Epithetes . A29238 ---- Mercurius Britannicus, or The English Intelligencer (The Censure of Judges, or The Court Cure) Brathwait, Richard This text is an enriched version of the TCP digital transcription A29238 of text R16567 in the English Short Title Catalog (Wing B4270). 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. Martin Mueller Incompletely or incorrectly transcribed words were reviewed and in many cases fixed by Melina Yeh Heejin Ro This text has not been fully proofread EarlyPrint Project Evanston IL, Notre Dame IN, St.Louis, Washington MO 2017 Distributed under a Creative Commons Attribution-NonCommercial 3.0 Unported License A29238.xml Mercurius Britanicus, or, The English intelligencer a tragic-comedy at Paris : acted with great applause. Brathwait, Richard, 1588?-1673. 18 600dpi TIFF G4 page images University of Michigan, Digital Library Production Service Ann Arbor, Michigan 2003 July (TCP phase 1) 12859911 Wing B4270. Pforzheimer 96-97. Clark EEL II 16. 94669 A29238

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Mercurius Britanicus, or, The English intelligencer a tragic-comedy at Paris : acted with great applause. Mercurius Britannicus. English Brathwait, Richard, 1588?-1673. [35] p. s.n.], [S.l. : 1641. 1641

A Latin and three English editions were published in 1641.

Caption title: The censure of the judges, or, The covrt cvre.

A political satire on the ship-money controversy.

Reproduction of original in Thomason Collection, British Library.

Ship-money -- Anecdotes, facetiae, satire, etc. A29238 shc Mercurius Britannicus, or The English Intelligencer Brathwait, Richard Melina Yeh Heejin Ro 1641 play tragicomedy shc no A29238 R16567 (Wing B4270). 10424 0 0 0 51014.39C The rate of 14.39 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. Incorporated ~ 10,000 textual changes made to the SHC corpus by Hannah Bredar, Kate Needham, and Lydia Zoells between April and July 2015 during visits, separately or together, to the Bodleian, Folger and Houghton Libraries as well as the Rare Book Libraries at Northwestern University and the University of Chicago

Mercurius Britanicus , OR The English Intelligencer .

A Tragic-Comedy , AT PARIS .

Acted with great Applause .

Printed in the yeare , 1641 .

The Scene Smyrna . The Persons . 1. Euthymius Two familiar friends . 2. Theocritus Two familiar friends . 3. Heraclitus Two Phylosophers . 4. Democritus Two Phylosophers . 5. Aegon Rustickes . 6. Althaea Rustickes . 7. Claudius 8. Cratippus 9. Craticius 10. Vigetius , his Ghost feebly appearing . 11. Trivius 12. Curvus Acillus 13. Ioachinus , his ghost dreadfully appearing . 14. Hortensius , appearing amiably . 15. Antrivius , appearing friendly . 16. Damocles Penall Judges , 17. Gliciscus Horologus Penall Judges , 18. Chrysomitris Penall Judges , 19. Brundusius . Penall Judges , 20. Primiachus A Committer . 21. Chambrensis A Committer . 22. Manilius A Committer . 23. Perdiccas A Committer . 24. Euchrystus , Clearke of the Court . 25. Roderigo , Porter . 26. Arietus Citizens of Smyrna . 27. Priscilla Citizens of Smyrna . Chor. Of vulgar people Chor. Of Parliament men .
The Censure of the Iudges : OR , THE COVRT CVRE .
ACT THE FIRST . Euthimius . Theocritus . Euthym.

MY good friend Theocritus ; whether away so speedily ?

Theoc.

Know you not what is this day done in that excellent Schoole of Vertue and literature , that most flourishing , and iust Consistory of Peeres and Commons ?

Euthim.

Private imployments , have made me a meere stranger to publike affaires . Pray , what is it ?

Theoc.

Know my Euthimius , that this day the Iudges must undergoe Judgement , those Conscript Fathers whose purple we once adored are now sicke of a Iudiciall Feaver , by reason of their corrupt sentence given ; to the greivance of the Subiect , and favour of their Prince .

Euthym.

Alas ! In what a state are we , when Judges must render an account of their actions upon earth before Judges ?

Theoc.

Beleeve mee Euthymus , they must ; nor will they escape the Gallowes , if they give not very good satisfaction to that Honorable and grave assembly nor will they easily so doe : For it is generally said that they were the very fountaine of all the teares and tumults of this languishing Island .

Euthym.

Let them all dye , if they have abused the seate of Judgement ; it is much better that one perish then an vnity : a luxurious branch , then a fruitfull vine , some kinde of mercy is cruelty ; by whose remisnesse or burthen rather , every diseased common-wealth is afflicted : This have I alwaies said , and this renowned Island hath found it too true by experience : to spare the evill , is an endammagement to the good . But what are these ?

Enter Heraclitus and Democritus . Theoc.

If I should directly expresse their conditions , I should shew you diverse gestures arising from the selfe same affection . They are two Phylosophers that ieere and weepe at the passages of the World . He , Heraclitus plaies the part of a compassionate man , hee is 〈◊〉 with teares , and no sooner sees then sighes at the vanities of men ; But the other , Democritus derides the age ; and scoffeth mens generall folly ; setting up this Motto over his doore .

Miserum me video , & rideo ; Infelicem servideo , nue invideo

I see my owne miserie and laugh at it ; I see thy misery and envie it not . But many there are who doe outwardly reioyce , but inwardly sigh : they laugh and caroll with their mouthes , but lament and condole with their hearts . This may you soone perceive by their enterchange of discourse .

Herach

My good Democritus , what is the reason that thou laughest ?

Democ.

Because thou weepest ; for what canst thou finde in this spacious Theater of the world , which is worthy thy smallest teare ? where servants are made Lords , Lords servants ; the Masters head is cut off , the servant riseth up , and 〈…〉 into his place wives bewaile the funerall of their 〈…〉 teares and offering leape into their graves ; and yet before one worme hath entred into the winding sheet or before the flowers are withered wherewith the course was garnished , they entertaine new affections and kindles new

Herac.

These things 〈◊〉 teare from my eyes : but what besides , Democritus ?

Democ.

What besides dost thou aske ? Get thee 〈…〉 , and thou shal every where finde the spectacles of derision . This man is honored in the sight of his Prince ; enioyeth his delights , stretcheth upon beds of yvory , and is 〈◊〉 with honours , as with burthen ; he seekes nothing , but he acquires it , he 〈…〉 , but he obtaines it ; all men that sees his estate admires him , and esteemes him the happiest man upon the earth : in the meane while one small cloud obsoureth all these false beames in a day , ye in a minute of an houre , his Prime leaveth him , his glory departeth like a dreame ; and his Atlas who carried such heapes , such mountaines of honour upon his shoulders , hath his exit with reproach ; hah , hah , hah . Yet no sooner hath this Hero suffered an inrevocable fate ; but he is wisht alive againe by them , who in his life and glory prosecuted him with extremest violence : They hate him alive ; lament his dead , and with pious teares desire his restriction : but great idolls heads are sooner taken off , then set on againe . In these times it is is more security to be a foote then a wise man ; for a wise mans head is a subiect for the axe , the foole keepes his upon his shoulders ! will you heare more ?

Herac.

Proceede , deare Democritus ; these conceits are not more pleasant to thee then my teares ate to me .

Democ.

Weepe child , weepe , and that thou mayst seeme the more idle in it , see how parents live penuriously that they may make their sonnes prodigall the sooner ; yet how they make them selves deptors to nature that they may riot the more licentiously : walke on , into this most stately Citie , looke about thee , thou shalt see windowes opened and paintd faces looking out , inviting thee with their lookes . Thou shalt find althings saleable in Troinovant ; the dainty dames will untie thy purse strings with a busse : out goes the husband , in comes the friend ; hah , hah , hah . Thou shalt finde some that resigne their offices least they should loose them ; others leaving their nest , that thy and their young may not perish , others that abounded through rapine miserably exhausted ; others adorned with others feathers , that have cast their owne . Here thou shalt see Coblers and hucksters that rise out of old shooes and panniers , beating the Pulpit , and broaching new doctrines , as if they were Regij Professores , and held by the rable to be most profound Divinity : yea , I cannot wash my hands but me thinkes I see the soapy effigies of Brunfield in the Bason : nor can I goe downe into a celler , but I finde the lively statue of Master Abell ; yea I cannot , untie my shooe , but I call to minde that patent for Leather and deride it ; For men now truely seeme turned into trees bringing forth spatious branches , but fruits of vanity : in a word all the world is full of fooles , and ridiculous in the eyes of Democritus .

Herac.

It is a vile disposition to joy in the discommodityes of others .

Democ.

True ; but hence it is that I laugh so much , because all things are cumbred with their owne discommodity .

Herac.

In the meane while , they become noxious unto them .

Democ.

And iustly , my Heraclitus ; for who if hee were wise would not forsake an house of clay to come unto an heavenly dominion ? But these mad men place their Elysium upon earth , little regarding the future that they may enioy the present . They demolish , build up , they provide cloathes for moths and edifices for the wind . They no sooner perceive the hooke of honour , then they greedily swallow it ; that stickes in their throates , and they are worthily taken . Nor doe these things rage onely in greener mindes ; for although ( as saies that Sicilian ) It is a prodigy for a young man to be old , ridiculous for an old man to be young ; yet you may see the hoary Elders of this land , that have a foot in the grave , and by their age should have wisedome , or at the least authority & reverence , plunged into most haynous crimes ; so that it may truely be said of them , they grow as old in vices as in yeares .

Herac.

You speake strangely .

Democ.

But very truly of these old doges . The wolfe will sooner change his haire then his heart : the wooll will not easily loose its first colour , nor the vessell its first favour .

Herac.

But my hope is that you will finde none in this whole Island so wickedly & wretchedly doting , as to preferre worldly wealth before Elysian happinesse .

Democ.

Goe on and proceede my doefull Heraclitus , in your madnes , are there not many I pray of that 〈◊〉 opinion that would rather loose their pants in Paradice then in Paris . The Iudges can witnesse those venerable and conscript Fathers , who are this very day in triall for their lives .

Herac.

Alas ! The Iudges .

Democ.

I , the Iudges . Therefore let us both goe thither : for wee shall there heare many things proportionable to thy teares and convenient for my laughter .

Herac.

I will goe very willingly ; where if I heare Iudgement turned into Whi●●●●ed , I shall with my teares lament those unhappie Fathers ; yea I shall transforme my selfe wholly into a Niche .

Democ.

Goe on foole , goe ; hah , hah , hah . The whole world is diseased ; as many Monopolies as inhabitants ; hah , hah , hah . Exeunt .

Theoc.

Let us follow them , Euthymius : There is roome for good stoore of company .

Euthym.

I scare , Theocritus that we shall not be admitted , because we are no members of that Honorable Assembly .

Theoc.

Let not that trouble you , there is none that hath good lockes and good cloathes , but hee shall have entrance I warrant you ; but who are these ?

Enter Aegon , and Althea . Euthym.

They seeme to be of the Country by their simple discourse . Iust us listen to them ; for I suspect but little cunning in their coates , they will talke much about matters of State , and their rudenesse will procure us good sport .

Aegon .

Newes Althea , I have a whole dicker of newes for thee .

Alth.

What is that my small friend .

Aegon .

I will tell thee a secret , my hony : we shal have a trienniall Parliament , every yeare .

Alth.

What is that trienniall ? Doth it belong to the keeping of sheepe or goats , stopping of gaps , or greasing of sheepe tell me pray ?

Aegon .

Let that suffice , love , that we shall have this good Trienniall . As for my part I must needes confesse , I know not whether Trienniall be man or woman . But this I know , that for the report of it in the countrey , we past all the night in making bon-fires and playing the good fellow .

Alth.

Fy , fy : That Word doth very much trouble mee . This husband of mine , being sometime an Vniversity man , and now a Grasier , promised that he would performe his good will to me every third yeare , and I kindly gave him thankes , not knowing that he would doe it but once every third yeare .

Aegon .

I am old , what canst thou looke for from mee ? But come let us goe neere the Parliament doore , for there are great businesses to day concerning the Iudges .

Alth.

What shall they be hang'd .

Aegon .

I know not , but they are in such danger , that as they say their breeches make buttons .

Alth.

What shall we doe there ? such matters are not fit for us ; they are to high for our simple capacities .

Aegon .

Let us goe however ; if we heare nothing , wee 'l devise something , to make them wonder at in the Countrey . Exeunt .

Theoc.

Let us be as desirous to heare , since all flock thither let us hasten and ioyne our selves to their company . A common evill should be heard with common indignation .

Euthym.

Goe on we willingly will bestow the paines .

The second Act . The doore being opened , the Curtaine drawne , Euchrifin Clerke of the Court brings out the brakes ; calleth the Iudge by name , readeth their inditments ; after which Primiachus Cambrensis and Manilius , by turnes ; obiect unto them ; to whom the Iudges in like manner make their Answer . Enter the Ghost of Coriolanus without an head . O Let Astrea still beare sway In this high Court . Thus doth he pray . Who here once got the laurell wreath Now cut off by untimely death . Give Iustice not forgetting grace Bee not too mild , nor to severe ; Those that deserves a Iudges place , Know how to punish and to spare Oyle is not still to be inful'd In greene wounds Balsum's to be us'd . Let King , and Kingdome still aspire This Coriolanus doth desire . From whom the peoples direfull rage Nor the blacke rod , the axe , the stage Of blood , nor the grime face of death Could ever draw one panting breath . See how he lives in 's funerall More happy in a wretched fall ; For now he raignes beyond the skie with Demigods in company . " Farewell all that earth ere gave " Death is my gaine , my rest the grave . Exit . Chor. What prodigyes appeares within this place ; Yet full of pious admonitions . which with on voice , one vote , one hand , one motion

We all will execute but these things passe from whence they came you officers proceed .

Euch.

Ho , Roderigo , bring for your prisoners

Rod.

Who shall be brought first ?

Primach.

Let them be brought in order , as they gave in their answers . Ignorance of order confoundeth the forme of Iustice . wherefore let us first begin with the first ; proceeding from the Iunior to the senior Iudges as they have particularly offended , let them particularly receive their triall . They shall finde us farre more attentive and upright Iudges , then they have shewed themselves in the case of shipping .

Euchris.

Porter bring Claudius to the barre , hold up your hand Claudius : Thou art endited by the name of Claudius , that in Hilary terme 1637 . Contrary so the peace of the common wealth , the liberty of the subiect , and the testimony of thy owne conscience , not having God before thine eyes , thou didst Traitorously , Maliciously and wickedly , give sentence for ship-money without evident necessity , due and payable to the King , in whose power it was solely to Judge of his necessity . Speake Claudius , art thou guilty of the crime for which thou standest indited .

Clau.

I confesse I have been somewhat erroneous in mine office ; but all men know I have continued in it but a short time : wherefore as my impeachments are the fewer , so I hope your censure wil be the more propitious .

Cambr.

This conduceth little to your defence ; for if you had been in it longer , and governed that seat it is probable , your offences had beene multiplyed , it was your generall crime , and you must expect a generall punishment .

Democ.

Ho , Chacon hire the servants ; thou wilt have worke sufficient ; here is a presse of fat Iudges comming ; hah , hah , hah .

Clerk .

Claudius stand aside Roder , bring Cratippus to the barre : hold up thy hand Cratippus : Thou art indited by the name of Cratippus , that in Hillary Terme 1637. thou didst contrary to the peace of the commonweale , the liberty of the subiect , and the testimony of thine owne conscience , traiterously , maliciously , and wickedly give sentence for ship-money , due and payable to the King without evident necessity , whereof the King hath had power solely to iudge , speake Cratippus art thou guilty of the crime for which thou art endited .

Democ.

Hoe has an oxe in 's mouth , as sayes the Proverbe , or a cup in his throate , he cannot speake a word .

Manil.

O Cratippus , breake not thy silence , hold thy peace desist and blush . Nor would any thing have become you better if you had done so alwayes : but a pious blush is an unwonted punishment for such offenders , we have heard that you were ever addicted to sordid lucre , pinching your selfe to augment you gaine . No uniust occasion of getting could passe you , wherefore there is no reason you should passe unpunisht . For whom have you in this company , whom in this honoured round that will rise up in your defence and vindicate your uniustice ? on or none , you had one but much unlike you , your brother Hortensius , vvho religiously sate vvith you on the same bench , but differed from your affections ; for his opinion in this case of Ship-mony was consonant to Curvus , Acililius . These two respected not Writs of ease , nor the thundring threats of that fugative Chrysomitris , they preferred the odour of a good name before titles of honour , which glory of fame he that neglecteth , is most cruell : wherefore although Hortensius be now dead , he hath left such a memory to posterity , that monuments of marble , brasse , and Ivory will sooner decay then his renowne amongst his Countrymen .

Cratip.

I deny not but that I am guilty , and desire the favour of this high Court ; otherwise as our sentence was alike , let one boat carry us away together : I would speake more , but am hindered with the quinsie .

Democ.

In reason they should possesse all Anticyra , our Ancesters judged a litle house to be a common-weale , but these have contracted the whole common-weale into their owne house , yea a litle corner of their house .

Herac.

O the deplorable misery of wretched man !

Democ.

These things deserve not a teare ; I willingly permit them to be mad : for see how deservedly Cratippus is punished ; he hath sold his tongue so long for mony , that he hath not enough left to aske pardon for his life ; hah , hah , hah .

Clerk .

Call Corticeus to the barre : hold up thy hand Corticeus , thou art indited by the name of Corticeus , for that in Hillarie Terme , Anno Dom. 1637. thou didst contrary to the peace of the Commonweale , the liberty of the subiect , and the testimony of thine owne conscience , not having God before thine eyes , trayterously , maliciously , and wickedly given sentence for Shipmony to be payd unto the King without evident necessity , whereof he had sole power to Iudge ; speake Corticeus , art thou guilty of what thou standest indited .

Cortic.

Not guilty .

Clerk .

Thou art found guilty , helpe thee God .

Camb.

Wee have much to say unto you Corticeus : you have eloquence sufficient , but wisedome too little . There was no man more readier to speake law , yea to wrest it , and like a nose of waxe compose it to any forme . But what availe these naturall parts , this happinesse of wit and genius ? It is difficult to swim at first without helpe : you began to fly abroad like an unfledg'd Lapwing with your shell upon your head , In your Circuit especially in the Dutchey of Lancaster , at which time that worthy Gentleman Master Farringdon was Sheriffe , you exercised your tyrany , shewing , your loftinesse in all places , to your no small hatred for other sins waite upon evill workes that they may be done : but pride waiteth on good workes that they perish .

Hee that flowed with a thousand vertues , lost his happinesse through arrogance , other vices by the presence of God , only Pride opposeth it selfe against him . Yea , with what audaciousnesse and insolence did you maintaine this exploded case of Ship-mony , as if you onely had the Monopoly of wit and reason ? wherefore as every one shewes himselfe more obstinate in a crime , the more severely is he to bee censured .

If Schisme deserve punishment , Heresy merits hell .

Cortic.

I call Heaven to witnesse , I should have lived and dyed in that opinion were I not contradicted by the Authority of this grave consistorie , for wee reade so many bookes , collections , statutes and Annals that if we were licensed to argue , we could support this our opinion with good reasons and conclusions .

Camb.

Give place ; we have already examined your reasons and arguments .

Democ.

Of what use I marvell , is eloquence , when a man shall end his life in a string ?

Clar.

Ho Porter , where is Vigetius ?

Rod.

We have no such man .

Prim.

But such an one we had , who easily assenting to his brother Corticeus opinion , never did sticke unto him in any thing , but in this sentence of Shipmony . Hee alwaies faigned himselfe not well if hee were to make an argument . And when he entred into it ( having lost his reasons very happily in the street ) no man ever offended with greater brevity : and in this onely he hath shewen himselfe wise , that he hath prevented our censure by death .

Wherefore it may be said Vigetius his Ghost with a weake gesture appeareth and vanisheth . of him that hee was once Greene , and Flourished , he was descended from an ancient house , and for this was to be commended that he sought rather to keepe his ancient Patrimony then to encrease it .

Democ.

Many men shew themselves wiser by dying then by living : hah , hah , hah .

Clerk .

In peace let him goe : bring Trivius to the barre , hold up your hand : Trivius , Thou art indited by the name of Trivius , that in Michaelmas Terme 1638. thou diddest contrary to the peace of the Commonweale , the liberty of the subiect , and the testimony of thine owne conscience , not having the feare of God before thy eyes , traitorously , maliciously , and wickedly give sentence for Ship-money payable to the King without evident necessity , whereof hee himselfe was the sole Iudge . Speake Trivius , art thou guilty of the crime for which thou standest endited ?

Manil.

Why are you silent , will you be prest ?

Democ.

Hee hath prest many a rich widow , what if he be now prest himselfe : hah , hah , hah .

Trivi.

I have litle for the present to say in my defence .

Manil.

Nor ever will you have more ; be silent and heare : This is a man whom no Lawyer exceeded in riches , yet non is more ignorant in the lawes ; hee is brought at last into publike , to make himselfe a Synonoma to his name . For although there is no contending with Ghosts , yet we determine to portrait this snake , and deliniate this prodigy of men in his right colours , and with such brevity as may be least irkesome to the hearers .

Democ.

Let us stand up and see their painted Gorgons head .

Man.

This Trivius a true triviall Trivius , a man satiated with widowes , but widowed of goodnesse , of of a strong & sinewy body rather then a witty and ingenuous heart , having good successe in his suits sucked more marrow from other mens relicts , then ever hee received by the poore practise of his profession . Hee speakes much with litle discretion , and having his braines in his tongue , will utter an ocean of words without the least drop of reason .

Trib.

You have painted me to an haire , worthy Manilius , I confesse I am altogether ignorant of the lawes , and as blinde men are wont to doe , I easily subscribed to the opinion and iudgement of my brothers : wherefore my ignorance desires pardon , and cries that you should spare him whom God will spare as being an INNOCENT .

Manil.

You devised a redier answer for me Trivius then any defence for your selfe : ignorance excuseth a tanto , not a toto : you had a good example before , namely Antrivius deceased , & sleeping in peace , who as his pen witnesses being sicke on his bed , would assent to no such opinion . But you adoring your money not only in the Image , but in the rust ; preferred your drosse before your peace of conscience , wherefore as you have milkt your widowes , so let the exchequer milke you of all that you have .

Democ.

Very good ! the Goate must now be milkt . This Ignoramus paies the price of his Ignorance , one day takes away what many yeares have gathered ; and the exchequer draines the fortunes of so many wives , hah , hah , hah .

Herac.

Humaine affaires never succeede well where divine service is neglected .

Clerk .

Let Trivius bee taken away and kept close prisoner , least hee escape ; and Roderigo keepe your hand close , lest by his stolen merchandize he procure his liberty .

Prim.

To speake of you most honoured Curvus Acilius , your constancy and integrity hath with a beame of the Sunne described you a father of your country , the starre of the Court , and a true Son of justice , and have left you a memory to posterity which shall never be extinguished by the injury of time or forgetfulnesse : for you have utterly conquered all envy , and in this last date of your age have erected a statue in the Courts of the living , whereunto no better Epitaph can be added , then Sacred to the memory of Curvus Acilius .

Democ.

O how much doth this Trivius differ from Acilius ? the one as hee singularly knew the lawes , so he rightly despensed them , the other neither dispensed them nor knew them .

Herac.

In this negligent and retchlesse age , vices like grasse in pits are wont to spring out mens lazinesse from whence wee finde it true , that evills are much more incurable in the old then in the young .

Democ.

Yet if old men would more diligently measure their houre as much as they are nearer death , they should live more uprightly . But now there is such corruption of life , that men doe never more love the earth , then when thy should leave it ; never lesse regard heaven , then when they should goe thither : Hold my sides least I burst with laughter , young men grow old , and old men young ; hah , hah , hah .

Clerk .

Bring forth Ioachimus .

Rod.

He is departed his owne prison before he was commited to our custody .

Camb.

He is dead , and is beholding unto death ; for although he were a very subtile Lawyer , in his cunning and intricate arguments , and shewed himselfe a true Tytides , who wavering Ioachimus Ghost wavering with dreadfull motion appeareth , and vanisheth . this way and that , doubted whether to ioyne with Hector or Achilles , saying , whom to fly I know , whom to follow I know not ; yet the more severely was he to be punished because hee was so industrious to dissemble and corrupt the truth .

Democ.

But the fates have taken him out of your hands ; and by dying in time he prevented an untimely death .

Clerk .

Bring forth Hortensius .

Rod.

He was never committed to our custody .

Manil.

Thou saist true , Roderigo , he was a man of such unstained life , that hee shewed himselfe truly worthy both in life and death : wherefore the memory of so his iust and upright Hortensius Ghost with an amiable countenance appeareth & vanisheth . a man is to bee lamented with perpetuall Elegye : for he deservedly got the name of an honest Iudge and a poore studient : in which title he might glory more then in the Empire of the World . Hee Conquered envie by his vertues , and won honour in his death .

Herac.

With what pious sentences are good mens tombes to be engraven ?

Democ.

From hence proceede those Adagyes . Every evill man is a foole , no evill man is happy . A wise man is every where at home : none but a foole can be banished .

Herac,

He truely travelleth from home , my Democ . who enioyeth not himselfe .

Manil.

Let him depart , and serve for a good example .

Clerk .

Call forth Antrivius .

Rodo.

He was called forth long since .

Clerk .

Where appeared he ? Antrivius his ghost with a lovely countenance appeareth and vanisheth .

Rodo.

Where he arrived , he is far enough free from our our hands or manicles .

Prim.

By what authority ?

Rodo.

By the command of a crabbed and imperious noble man , who having waited a while at the prison doore , swore he would enter , or breake off the hinges . He was of so fierce and terrible aspect , that I gave him way for feare ; and as soone as I delivered my prisoner , he caught him by the haire and vanished

Camb.

No man can resist an inevitable fate . But if that man had lived unto these dayes , his sentence had beene so upright in this dispute , that hee had beene freed and made an happie end of his long-wearied age . Let him sleepe in peace , as hee flourished in the light ; and the more he flourished for being the lesse contentious in his cases .

Democ.

T is best to speake well of the dead ; but if he had not beene so sickly of body , perchance he had not beene so sound in mind .

Herac.

You say true Democritus ; for sicknesse afflicteth the body , but cureth the soule .

Democ.

What mad men are those in the meane while , who being healthy in body , are diseased in their minde ?

Clerk .

Sergeant , bring Damocles to the barre , hold up your hand : Damocles , Thou art indited by the name of Damocles that in Hilary Terme 1638. thou diddest contrary to the peace of the Commonweale , the liberty of the subiect , and the testimony of thine owne conscience , not having the feare of God before thy eyes , traitorously , maliciously , and wickedly give sentence for Ship-money payable to the King , without evident necessity , whereof hee himselfe was the sole Iudge . Speake Damocles , art thou guilty of the crime for which thou art endited .

Dam.

I confesse I am not altogether guilty nor innocent : for he that will exactly scan over my arguments : he shall finde me disagreeing from the opion of my brothers : for I did not possitively say that such a revenue was due ; wherefore as our sentence was more moderate , so I hope your censure will bee more mild . Our arguments were defended and mained by divers good circumstances . Let it bee your goodnesse to favour my age , which long since had a discharge , and is now miserably tyred with cares and sorrowes .

Prim.

O Damocles , you cannot so escape ; notwithstanding your condition is deplorable : for in many causes you have got a good report : you never sold your breath , and if your clients cause were good and honest , you constantly pleaded it ; yea , as we are informed , you have litle at home , but wants and debts abroad ; from whence we esteeme your poverty , your iustice , these things may perchance procure your mitigation , but no absolute freedome .

Herac.

O poore Iudge , will not thine indignity get thee off ?

Democ.

Hold your peace ; this foole deserves the greatest punishment of all ; for having flourished so many yeares amongst us , & having so many occasions of gaine as baits hanging before him , like an ill cooke , he could not so much as lick his fingers ; hah , hah , hah .

Camb.

Wee have sufficiently scoured this Lernean lake , let us now proceede unto other rankes ; and I feare we shall finde as many snakes in other dens . But that wee may the better clense these Augean stables , and there may be no roome for impudence or ignorance : as for Gliciscus , who held the place of a cipher having little learning and lesse law , as hee was clocke keeper to the Iudges , so we doome him to the keeping of a clock-hoase . Hee hath little understanding , & therfore should the more gently be dealt withall .

Democ

With what an asses eare he hearkens to it .

Clerk .

Does it please you that wee shall proceede unto others ?

Prim.

By all meanes , that they may bee ioyned in their punishment , as they were linckt together in the crime .

Clerk .

Ho , sir Knight of the blacke rod , bring forth Chrysomitris .

Rodo.

He hath made an escape .

Manil.

Wither I pray ?

Rodo.

He is fled into another Countrey , and hath left his nest lest he should be taken in it ; and ever since that time they say he hath rousted in France .

Manil.

O what madnesse possessed him , how lively doth that saving point out Chrysomitris , that evill counsell is still worse to the Counsellour .

Rodo.

Leaving now his consultar dignity it is said he followeth the warres , and that lately upon an injury offered him hee disarmed his enemy , shewing himselfe as able a souldier as an eloquent Rhetorician .

Camb.

How many excellent guifts hath nature bestowed on him ; which if they had beene seasoned with humility and grace , they had made him compleatly famous . But to proud men no burthen is more dangerous then honour : they so easily change their conditions , that they wil not know their friends and acquaintance . These tumours of the world prick on their mindes with such a strange kind of fury , that they make themselves hated by their familiers and others : wherefore an office is best aquired by a Magistrate ; nor is it better bestowed on any then on him who seekes it not at all , or very coldly . This he well advised who said : let it bee given to him that denies it , and denyed to him that excepts it . But long let this Chrysomitris nest in a forreigne nation before hee be recalled . We have enough of such saluters already : wee have too tenderly cherished such ominous birds ; let them leave our coasts and returne no more least they destroy the mother that nourished them . But that wee may comprise all in one , and never did any man shew himselfe more ingratefull then this

Chrysomitris .

For notwithstanding his infinite engagements , he imputed his crimes unto his Prince ; whereas a constant and resolute minde would sooner endured a thousand deaths , yea ( like that heroicke spirit that lately suffered ) would with a chearefull looke retort the threats of inexorable fate , then cast the least aspersion upon a Prince so well deserving . But let him passe with his eloquence , then whom never was Judge more uniust , never a Lord keeper more corrupt nor more poore , no Soliciter more impure and more importunate : In the meane while lest wee bee reckoned in their number who have eloquent tongues , but corrupt hearts , let us discourse of every thing propounded unto us not so curiously as faithfully and discreetly , not so exactly as iustly and rightfully .

Democ.

O miserable happinesse ! splendid servitude ! he hath lost his fame , fortune , voyce , countenance , nest and nation in the twinkling of an eye .

Herac.

O the snowey balles of honour , apt to bee resolved with the least intemperate heate of mind . But what is he who walketh with such stately and haughty gesture ?

Democ.

He is one that had an excellent opinion in the common-weale before had his office ; but when he had gotten it no man more unhappily lost it . His advancement so much changed his disposition . In summe he was a good Lawer , a bad Judge .

Clerk .

Call Brundusius to the barre . Hold up thy hand Brundusius , Thou art indited by the name of Brundusius , that in Trinity Terme . 1638 . Thou didst against the peace of the common weale , the liberty of the Subiect , and the testimony of thine owne conscience : not having God before thine eyes traiterously , and wickedly given sentence for ship-money , to be payd to our Lord the King , without evident necessity , whereof it was in his sole power to Iudge . Speake Brundusius art thou guilty of the crime whereof thou art endited .

Prim.

Master Speaker I pray give mee leave a litle , for this Brundunsius is more strictly to be handled . This I will confidently averre , that no man hath deserved worse , of the Common-weale : when all men esteemed him the maine defendor of Iustice , he expressed himselfe her most vowed enimy , to the reproach of his name , and corruption of his conscience . Hee saw and fell with open eyes : he knew the right and did the wrong ; and therfore his ruine is deserved . For if he had beene ignorant of the lawes , as Trivius , he might have had some colour of excuse , but to give sentence against the most certaine rule , of his owne knowledge , O prodigie !

Brund.

I ingeniously confesse , and no lesse desire best of favour , that partly by the threats , partly by the flatteries of Chrisomitris , I gave that unheard of sentence of ship-money . For Chrysomitris , who as you know had a most fortunate art in the way of perswation , told mee that unlesse I gave that judgement for the King , I should loose mine honour : and suffer a writ of Ease to my extreme disgrace .

Prim.

O the follys of aged avarice ! Should you preferre Writs of ease before ease of Conscience ? should you bee the more prone , unto the earth , by how much you are neerer to your ends ? to have one foot in the grave , and a mind coveting the world ? O if you would consider how litle would suffice nature , & of that little , how small a portion would content old age , your care for earthly things would be abated , and your desires would be wholy fixed upon heaven , for you who were so eminent in the studies of the Law , are most severely to bee punished , especially having so cleare , so excellent a mirrour as Curvus Acilius , a man of extreme age , but a vigourous minde , an inviolate conscience . Him you had for an example ; but ( although your steps were Curva vestigia ) refusing to follow Curvus , you have turned the right into oblique , you know you well knew ( to the aggravation of your censure , those golden sentences of Periander , most worthy your memory , that nothing must be done for moneys sake , and that favour is an enemy to Iudgement . For Iudgement faileth where it becomes matter of affection . Too much love and too much hatred pervert the truth . Nor did Ioachimus lately deceased deserve any lesse ; but by paying his debt to nature , the destinies have made him their perpetuall debtor . For though hee were intricall and knotty in his arguments , yet this Oedipus with his riddles , the Fates had not prevented , had involved himselfe in a Gregorian knot .

Democ.

Its shamefull for an old man to play the knave , hah , hah , hah .

Herac.

And this for the most part happens when old men place their happinesse upon earth .

Prim.

But let us withdraw , that with more mature counsell we may proportion our sentence to every mans offence . Exeunt .

Enter Arietus and Priscilla , Citizens of Smyrna . Herac.

Whether flocke these presse of women ?

Democ.

Thou mayst easily coniecture by their habits : they are citizens wives , delicate ducks , who come hither to heare Iudgment past upon the Iudges .

Herac.

Alas can their tender eares heare these things without teares .

Democ.

Thinke you all are composed of your tendernes ? you are far out ; these are women of a more coragious spirit : For they can with dry eyes or at lest counterfeitly wet , bid farwell to their husbands iourneying to the nether world ; yea they can see them laid in their graves with a sower looke , but a merry heart , and before the funerall tapers are extinguished , entertaine new fires in their minds .

Herac.

But I wonder why they they come here more this day then on any other .

Democ.

Know you not the cause ? the former were dayes of examination , but this of finall judgement , & you know women do alwaies love execution more then iudgement .

Prisc.

I will go in , for if Capreolus the Courtier sit in the house I am certaine hee will soone give me entrance as I have often given unto him .

Ariet.

Pish , pish , my litle mouse , my hony , what wilt thou doe in the Court .

Prisc.

What will I doe in the Court ? hold you peace Arietus , hold your peace Cornelius : you and I are not friends if I have not not a standing in the Court .

Ariet.

In good troth you shall not have a standing with the Courtier in his owne place .

Prisc.

But I have had and will have , my small friend if you anger me .

Ariet.

God forbid my cony , that such a blot should bee cast upon my family , such a marke upon my forehead .

Prisc.

Why so ? doe you thinke your selfe the first man of the row .

Ariet.

By no meanes , yet I would not willingly weare my night-cap after the new city fashion , with broad eares , nor sleepe with my pillow stuft with shavings of horne .

Prisc.

Let not this trouble you , you may sooner foresee your fortune then prevent it , if such ensignes be your destiny , withstand it not ; it is vaine to strive against your destiny .

Ariet.

O headstrong licentiousnes ! am not I descended of the Arietarian stock , the most ancient Cornelian family of the citie ?

Prisc.

What then , there is no family so worshipfull but it is subiect to this fate . But I pray what availe these trifles ? ho , Titillus , Titillus .

Ariet.

What would you have with Titillus , that lacivious Courtier .

Prisc.

That I may have entrance the sooner .

Ariet.

It will be hardly granted , in these publique assemblies there is no place for women .

Prisc.

Why not for women ? as if wee were not capeable enough ! they shall finde , yea they know that we are capable . I will get up where I may better see and heare .

Ariet.

What wouldest thou see and heare ? whether my cony doth thy minde carry thee ?

Prisc.

I greatly desire to see the Iudges , for they say ( and I would know the truth ) that they have no more beard upon their chins , then an ape hath taile .

Ariet.

They will appeare subtle enough without haire : but they are shaven that they may seeme the more terrible in their places .

Prisc.

I like these young men with soft downy chins . I love not these old men whose haire is like prickly bristles , what are these .

Ariet.

The Iudges whom thou so much longest to see .

Prisc.

Alas what cold husbands would they make , they have perpetuall I sickles upon their beards .

Areit.

Hold thy peace my Leveret ; since thou art come hither and gotten into a place , heare what will become of them .

Prisc.

Let them be hang'd , it shall never trouble mee . I scarcely thinke they are of the masculine gender . They are neutralls , traiterous beasts , enemyes of generation . Let them perish with their Iudgements .

Ariet.

Holy my sweet duck , least thou be noted .

Prisc.

Pish , they are blind and deafe , and can neither see nor heare me , they .

Act the third . The Curtaine drawne , enter the Chosen Speakers the Iudges , Euchrisis , Clerk of the Court , Roderigo , Sergent . Clerk .

Ho , Rodorigo , bring forth your Prosoners .

Democ.

What ague fits they have gotten , hah , hah , hah .

Manil.

Stand forth , stand forth , Sir Iudges of a miserable condition . You have not denyed but that you are guilty of the crime for which you are indited ; Nor can you produce any defence of your desperate cause , which is worthy our hearing : you know , you wel know that a Iudg is to be iudged in none of those things , which he is provided to iudge in another . In which , I say , how wretchedly have you erred ? For you were Iudges , & censurers of the selfe same crime , whereof you were the Authors . For a Iudge to take a bribe , was a capitall thing ; But if so great & so heavy a sentence was pronounced for one fault , & that extending but to a particular subiect , what punishment must be inflicted on them , who have beene so iniurous to the subiects , of a whole flourishing Iland ; by making the Prince suspicious of his subiects : the Subiects of their Prince ; by declaring new opinions against the evident testimonys of their consciences ; by perturbing the Halcyon days of a peacefull king , & an obedient state ; yea by bringing all according to their power , into flames and ashes ; If such a fire whereof you were the true Incendiarys , do not deserve death , what it better deserveth I cannot tell . The law was first ordained to be a publike benefit ; but by you it is made the very plague of the common weale ; You have all very well acted the part of Midas : Being Commissaryes of trust between Prince & people , which you should not violate for threatnings , friends , entreaties nor rewards ; you being intised by the bayle of avarice , or strucken with a Panick feare , have left Iustice naked ; & wretchedly neglected your consciences , which testified against you . And so through lucre or terrour , being blinded in your understanding , you have provided your selves true ministers of Midas .

Omnes .

Mercy , mercy , most renowned Gentlemen ?

Dem.

Hey day , they are enforced to use their necke verse which the so often put others unto : Lord have mercy upon you .

Manil.

With the same measure that you measure to others shall it be measured to you againe .

Herac.

Alas they will not have the least hope , if they have the same recompense of measure .

Manil.

Observe & heare what I shall say : I beleeve that in leasure houres , you have read how the Germanes having been rather conquered then subiect by their good leading of Drusus , assoone as hee was dead , trusting upon their strength began to hate the lust & insolence of varus Quinctilius , and how easily they became victors . Which short conflict being ended , like Barbarians as they were , they shewed themselves most savage , & tirranous conquerours : Nor in that extreame cruelty , did they shew themselves more implacable towards any condition , then to men of the cōsulare dignity , thinking that through their eloquent & vendible tongues , the Romanes had first beleagued them , & brought thē to that calamity . Varus prosecuts them with the same mind & fate of Paulus at Cannae , never was greater slaughter in fields & woods , never more intolerable insultatiō , but especially towards those that pleaded causes . Some of their eyes pulled out , others hands cut off , one's mouth they sewed up , first cutting out his tongue , which a Barbarian holding in his hand said , at length ; viper desist from hissing , you should likewise call to mind Manius Acilius ; that unsatisfied gulfe of briberie , & principall Embassadour of the Romans , whom Mithridates with great cōtempt , compelled to ride upon an asse , untill he came unto Pergamus , where he commanded Elixar of gold to be thrust into his mouth , intimating that the Romans were to much given to briberys , & had tongues , too eloquent in evil speaking . Alexander Severus the greatest enemy of flatterers , commanded that Turinus one of his courtiers ; should bee tyed to a stake in the market place , and smother'd to death with smoke , having a cryer proclaiming by him . Let him perish with smoke , that sold smoke : For it is better ( to use Antisthenes words ) to fall amongst crowes , then Parasites ; amongst crowes to be devoured dead , then amongst Parasites to be devoured living . Therfore it wil be an argument of wisdome , for us to deale with you , who hath brought such plagues upon the common-weale , & disturbed our peace by your slanderous iudgements , as Philip King of Macedon , did with two of his subiects , men of vile conditions ; he cōmanded one to fly from Macedon , & the other to follow him , which being done , his country was purged of such noxious sicophants : both departed but neitheir of them returned .

Brun.

It is the part of goodnesse , to save when it may destroy , rather then to destroy when it might have spared .

Manil.

He that spareth the evill , hurteth the good : listen now to your utmost sentence . As you have made the laws like spiders webs , & have tossed this common-weale like a poore barke , with the stormes & winds of your opinions , you shal have no residence within this Iland : get you therfore packing . For this is your definitive censure to those fortunate Ilands , which are called the Irish sands . For there if you are poisonous you cannot live long but if you resolve to chang your conditions aswell as your haire , you shall in those Ilands have a temperate ayre , and so wholsome for your bodys , that you will scarcely die , unlesse the world be so loathsome to you , or you unto the world ! that you would wish rather to die then live , yea you shall have so much time given you through the temperatenesse of the aire , that your ensuing hours may redeem , what you have formerly spent amisse . This sentence is irrevocable ; make no delays , we have provided you a ship but without cable , sterne , sayle yard or anchors , the ( fatall semblance of your government , ) to be known by these characters .

The Parliament censure , the boat of Charon . Iudges .

It is as evill to saile in old age , as is in the winter .

Prim.

There is no punishment grievous where there is so much company .

Democ.

Soone let them goe but never returne . Now raise the Court , the old men have their doome Let Iustice sit here in the iudges roome .

Act the fourth . Enter a Chorus of common people . Chor.

Speak Master Prinner , for your whole flocke ; for you are the oracle of our conventicle .

Democ.

Hah , hah , hah , O gregious flocke of sheep , a drove of asses . now hell hath opened his mouth , corne out you generation of vipers .

Chor.

Speake Master Prinner speake .

Prin.

Know all men by these presents , dearley beloved men and brethren , that of us who maintaine the truth compassionate the blindnes of the times , burne in zeale of heart , and contend for the reformation of religion , three things are principally required .

Democ.

What sport will this lunaticke correctour of religion , make us ? hah , hah , hah .

Prin.

First that there be no order in the Church : secondly , that all rites cerimonies , preistly garments , Instruments of Musicke be abolished in the Church . Thirdly , that there be no forme of common prayer .

Herac.

O how these doting fellowes , would make the Church to be headlesse .

Democ.

Peace , and heare . Lord , with what pricked up eares these round heads harken to their oratour Prinner and admire in hearing him .

Prin.

But if it seeme good to your wisdome , that the Church should have such degrees of higher and lower , we will have the Governours to be lay Elders . To which dignity , wee thinke non more fit , nor generally able to bee chosen , then our venerable brethren , the cobler , the basket maker ; and button maker , ( whom although that Demicaster maker in Greens rents contended with , yet he easily excelled in efficacy of doctrine and won the victory ) being men of meane learning , but wonderfully inspired . But chiefely wee will , that you command Francis Helioke , henceforth to distinguish that Apochryphall name of Bishop , with an asteriske , amongst the obsolete words to perpetuall remembrance . But as for the first Article of our complaint ; as we would have no order in the church , so ( to come unto the 2. we abhorre all rites and ceremonys ; because whatsoever is ancient we iudge to be untrue , we disallow Priestly ornaments as well in the Presbytery , as lawne sleeves in a Bishop ; we esteeme the Surplesse as the smocke of the whore of Babylon , and the cope as Aegyptian embroydery : These Idolatrous Priests in their linnen appeare to us like Ghosts comming out of a Church yard . As for instruments of musick we esteeme them as prophane Babalonish tabers , yea wee cannot truly love our owne members because they are called organs .

Democ.

These fellowes should rather be sent to Bridewell , then the reformation of Religion .

Prin.

As for the third article of our complaint : we will have no forme of common prayer : no not the Lords Prayer ; for it shewes a diffidence of the Spirit : wherefore we neither will have praying nor preaching Ministers to be provided , but to speake extempore , that they may expresse the efficacy of the spirit : Turners Creede and his glosse concerning the communion of the Saints , we very well appove : and to comprehend all in generall . Whatsoever is new so it be ours we like , whatsoever is ancient though it be confirmed by a thousand counsells we reiect .

Perdic.

Heare ye mad men , that old but fatall Rime which we once heard in Brytany .

Tacke tent to my saw my sons three Rob. Will . and Dave . Keepe well your Pater and your Ave And if you you mind your fathers reed Stand close to your auld Creed . But for my daughter Gillion , I wad she were wele bolted with a bridle That leaves her warke to play the Clarke And lets her whele stand Idle . For it sawes not for shee ministers Farriers nor furriers To descant on the Bible .
Chorus .

Parle we have heard your complaints , men and brethren with that greater attention , then they have demerited . As for Bishops we have left them but a dead and naked name , but we thought it fitter to cut off their vices then their offices . Desist at length from your dotages ; whatsoever may commodiously be done , & may be convenient to the peace of the Church ; that you must especially provide for . If not the beames or at least the motes must be removed from your darkened eyes . They have no charity in them , who love not the unanimity of the Church ; goe , get you home , and follow your businesse . Let it bee our parts to take care for the common good of our Prince , people and Countrey .

Exeunt .
FINIS .
Epilogus .

IT is determined by the Aedils the Mistris of publike Playes , that the next day ( by Ioves permission ) the fift Act shall bee acted upon Tyber , I should say Tyburne , by a new society of Abalmites .

Vive le Roi.

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〈◊〉 me video , & rideo ; Infelicem servideo , nue invideo 〈◊〉 weepest ; for what canst thou finde in this spacious Theater of the world , which is worthy thy 〈◊〉 teares desire his restriction : but great idolls heads are sooner taken off , then set on fordid have heard that you were ever addicted to sordid lucre , pinching your selfe to augment you Curticeus Wee have much to say unto you Corticeus : you have eloquence sufficient , but wisedome bertter we are capable . I will get up where I may better see and heare . pronouced But if so great & so heavy a sentence was pronounced for one fault , & that extending but to Ogregious Hah , hah , hah , O gregious flocke of sheep , a drove of asses absolete Bishop , with an asteriske , amongst the obsolete words to perpetuall remembrance . But as
A35938 ---- Gods protecting providence, man's surest help and defence in the times of the greatest difficulty and most imminent danger evidenced in the remarkable deliverance of divers persons from the devouring waves of the sea, amongst which they suffered shipwrack : and also from the more cruelly devouring jawes of the inhumane canibals of Florida / faithfully related by one of the persons concerned therein, Jonathan Dickenson. Dickinson, Jonathan, 1663-1722. 1699 Approx. 210 KB of XML-encoded text transcribed from 55 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A35938 Wing D1389 ESTC R13049 13134884 ocm 13134884 97900 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 0 1.0 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 1, no. A35938) Transcribed from: (Early English Books Online ; image set 97900) Images scanned from microfilm: (Early English books, 1641-1700 ; 414:11) Gods protecting providence, man's surest help and defence in the times of the greatest difficulty and most imminent danger evidenced in the remarkable deliverance of divers persons from the devouring waves of the sea, amongst which they suffered shipwrack : and also from the more cruelly devouring jawes of the inhumane canibals of Florida / faithfully related by one of the persons concerned therein, Jonathan Dickenson. Dickinson, Jonathan, 1663-1722. [12], 96 p. By Reinier Jansen, Printed in Philadelphia : 1699. An account of a shipwreck and the ensuing hardships in which Robert Barrow dies. Reproduction of original in Huntington Library. 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Indians of North America -- Florida. 2006-09 TCP Assigned for keying and markup 2006-09 Aptara Keyed and coded from ProQuest page images 2008-07 Taryn Hakala Sampled and proofread 2008-07 Taryn Hakala Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion GODS PROTECTING PROVIDENCE MAN'S SUREST HELP AND DEFENCE In the times Of the greatest difficulty and most Imminent danger ; Evidenced in the Remarkable Deliverance Of divers Persons , From the devouring Waves of the Sea , amongst which they Suffered Shipwrack . And also From the more cruelly devouring jawes of the inhumane CANIBALS of FLORIDA . Faithfully related by one of the persons concerned therein ; JONATHAN DICKENSON . Psal. 93 : 4. The Lord on high is mightier than the noise of many Waters , yea than the mighty Waves of the Sea. Psal. 74 : 20. The dark places of the Earth are full of the habitations of Cruelty . Printed in Philadelphia by Reinier Jansen . 1699. The Preface Ingratitude towards men , after signal fawours received , is , amongst all civilized people , looked upon with a just detestation ; insomuch that the morall Gentiles in ages past , thought they could give no worse a character of a Person , than to call him ungratefull . How much more then are Christians ( especially in a time of such Light , as now shineth ) engaged , to shun this fin of ingratitude , towards their GOD , whom the sensible know , to be the Fountain of all their mercies : And surely , next to the infinite mercy shewed them for Christs sake , in causing the days-spring from on high to visit their Souls ; remarkable outward deliverances , ought in a more than commonly remarkable manner , to be the objects of their gratitude , to their great Deliverer . I must confess , thanks giving ( which is what we poor Mortal● can return , for the manifold favours we daily receive from him ) hath it's rise in the heart ; and as out of the abundance of the heart the mouth speaketh , how can those who are truly thankfull in heart ; but render the calves of their lips ; in telling to their Friends and acquaintance , how great things GOD hath done for them : Nay , they are so affected , with such eminent appearances of the Protecting hand of Providence , for their help , preservation and deliverance ; that they are not vvilling to confine it to them only , but to publish it to the World ; that the Fame of their God may be spread from Sea to Sea , and from one end of the Earth to the other . The following relation being large , I shall endeavour to be short ; only , some of the things which seem to me most remarkable ' I would more particularly recommend to the Readers observation . 1. The hearts of all men are in the hand of God , he can turn them as he pleases . When these Man-eaters fury was at height , their knives in one hand , and the poor Shipwrakt People's heads in the other ; their knees upon the others shoulders , and their looks dismal ; on a suddain ; the Savages were struck dumb , and their countenances changed , that they looked like another People ; the Casseekey ( or King ) becoming as a safegard to the distressed , from the injuries of his own men : Nay , such confidence put he in them , that he would trust them to remove the mony , he had taken from themselves , before he would trust his own . When they were got from these to another place , where they expected more safety , they found themselves disappointed ▪ fresh dangers presenting themselves , as dismally as before , Yet God prevented any further mischief , than the stripping them of those poor rags the others had left them , and some other abuses , which by that time were grown familiar to them , and were looked upon as light afflictions . The Casseekys Wi●e being made an instrument for their delivery , she and some others having some thing of tenderness of heart in them , though amongst such an inhumane crew . 2. Many were the particular deliverances upon occasion of injuries offered . Once , an Arrow shot at them narrowly escaped them . Another time , some going to shoot Arrows at them , certain of their own company caught hold of their Bows and arms ; Nay , though some of them shot , yet their arrows mist . Not to mention the frequent dangers they were in , upon every slight suspicion of their being English , of which more anon : And well might these poor sufferers be in continual fear of their lives , since about a 12 month before a parcel of Dutch-men who had likewise suffered Shipwrack , had been killed and devoured ; and moreover , of the many Vessels supposed to be lost on that Coast , these are the first company , that are known to have escaped . Neither is it so wonderfull that they are thus cruel to strangers , since they are unnatural to their own aged People ; they having no more compassion on them , than to make them Slaves to the younger . Yet are these Man-eaters as cowardly as cruel ; when the Spaniards came up , the sight of a rusty muske● presented towards them , would make severall of them flie . 3. The dangers they were delivered from , arose not only from men , but the Elements also God permitted to threaten them , and afflict them . One time rowing in their Boat , the Sea swelled , so that it was dangerous continuing there on al night , and as dangerous , to ende●vour for the 〈◊〉 yet Providence failed them not , but conducted them 〈◊〉 thither , as though there had been a lane 〈◊〉 through the Breakers . Another time , by reason of a great Flood 〈◊〉 were forced to remove their lodgings several times , and for divers daies , were in a continual apprehension of being drowned , at length were preserved upon an Oyster-hill . Not to mention the frequent dangers they were in , by reason of the extream cold , too tedious to touch at here . Wherein this however is remarkable ; that God can both administer strength in the midst of weakness , and also take away strength , and cause weakness to seize , whenever he pleases : Here was an old man , a Woman with a sucking child , and another with child Persons , seemingly , very unlikely to encounter such hardships , all escaped , and divers Negro's , used to more hardiness , perished . 4. As to lodging , I shall say little , any discreet person may imagine , how hard it was to people well brought up , to lie on a floor , swarming with abundance of many sorts of creeping things , occasioned by the throwing the berry stones on the floor , and letting all the nastiness they made lye there , which bred these vermine ; and yet perhaps might be accounted good lodging , in comparison of the cold ground , where on they often lay afterwards unsheltered , exposed to the bleak blasts of the rigid North-West-Wind . 5. Their Food mostly scanty , the best of it such , as ( I am ready to think ) the meanest Negro , here would not touch with his lips : Sometimes the gills and gutts of fish pickt oft a dunghill , sometimes the scraps the Indians flung away , and the Water they boyled their Fish in , though never so undecently handled . At first their sorrows were so great , and their alarms so many , they could not eat ; afterwards their dyet so uncouth , they could not away with it ; untill at length hunger had so far prevailed over them , that they could eat with an appetite , the Palmetto berries , the tast whereof was once irksome , and ready to take away their breath : Nay so send were they of them , that the getting about a bushel accident●●ly , was looked on as a great prize . 6. Their being forced to mask themselves under the name of Spaniards , though few of them could speak any Spanish , was an other hardship : mostly because the Natives often suspected them to be English , and thereby they were continually in danger of their lives . Whether their cruelty against the English , proceeds from their being under no apprehension of danger from them , and so may think themselves lawless , in what they do against our Nation ; Or whether it proceeds , from any particular disgust offered them by some English , I shall not determine : However it would do well , for those that are not under their power , to avoid giving them any just cause of offence , least their Neighbours suffer for their faults : One of these Savages could complain , that , some years past , he had been taken off by some of our English Sloops , from whom ●e escaped by swimming , and was therewith disgusted , insomuch , that could he , by his si●ting , have found o●t that they were English , it might have proved of ill consequence to them . 7. The courtesy of the Governour of Augusteen , who clothed these naked people , fed their hungry stomachs , and caused them to be conducted safely to Carolina , is not to be passed by without due notice ; especially being a man of another Nation , as well as of a different Religion , and what is more , of such an one , as doth not teach its Votaries , so much compassion , towards those they count Hereticks . Neither let me forget the Governour of Carolina , whose Generosity compleated , what the Governour of Augusteen had begun , in assisting and cherishing these our afflicted Friends and Country folks ; With which I shall conclude these Remarks , to treat more particularly , concerning that faithfull Servant of the Lord Robert Barrow , who was one of this Company . This man of God , whose habitation was in one of the Northern Counties of England , was early convinced of the blessed truth of God , prosessed by the People called Quakers , and soon after had a discensation of the Gospel committed to him . He lived in his Native Country , in esteem amongst his Neighbours , for his godly conversation , and honoured in the Church of God , as an Elder vvho had abode faithfull in his testimony , both in preaching the Gospel , suffering for the same , and behaving himself ansvverably thereunto . And in the Year 1694 the Spirit of God ( from vvhom he first had his commission ) requiring him to come over into these parts , to Preach the Gospel here also , he was not disobedient to the heavenly call , but gave up to do the will of God , though in a cross to his own , as appeared by an expression of his , before he left England , Which was to this effect , That he had rather immediately have laid down his natural life there , if by so doing he could have kept his peace with God , than to have crossed the Seas to America . Well● hither he came , and after he had throughly visited these parts , he took ship for the West-Indian Islands , and at length was returning from Jamaico , to this Town of Philadelphia , when these calamities mentioned in the ensuing Journal be●ell him . How he behaved himself under them , is therein expressed , with what patience he was carried through them , with what faith he overcame , even the very worst of men , so that it may be said , He was more than a Conquerour over those bloodthirsty Canibals ; looking to Him Who was invisible , and by his grace seeing beyond them and their cruelty ; by Prayer wrestling with God for a blessing , even the blessing of being delivered out of their barbarous hands , and laying his bones amongst faithfull Friends ; and so effectual were his fervent prayers , that they prevailed with God ; and so gracious was his God unto him , that He sealed an assurance upon his spirit , that his prayers were heard , and should in due time be ansvvered , before he vvas yet off his knees . And doubtles , he was made a strength and a comfort , to his companions in affliction , whose remembrance will not be easily blotted out of their minds . One remarkable passage I cannot well omit , Which demonstrates , he had well learnt of him vvho is a God of truth , to speak the truth from all occasion● ; 〈◊〉 vvith vvith the h●zard of his life ●or as the Reader may observe is the Series of this follovving relation , thie●e poor people , for the safeg●rd of their lives , had assumed the name of Spaniards , some on that account asserting what was wrong , others concealing the truth , yet this honest hearted man , being directly asked the question , Nickaicer , Nicka●●r ? ( 〈◊〉 word for Englishman ) could do neither ; but in simplicity answered , yes ; being asked so concerning another , he 〈◊〉 gain ansvvered , yes . Yet , though for his plain dealing he was stript of his cloths , which till then he had saved , God suffered not these Savages to touch his life , or the lives of any of his company . Thus he passed through this afflicting tryal , and at length arrived at this place , on the 1st . day of the 2d . month 1697 ▪ though in much weakness , having been taken very ill or the belly ache and Flux at Augusteen , of which he never recovered , but still grew worse and worse , to his dying day . It was about the 8th . hour in the evening , when the Barkentine he was passenger in , arrived at this place : Divers Friends vvent on bo●rd , in order to get him ashoar , but he being in a very vveak condition , they could not remove him at that time . He declared his great satisfaction , that the Lord had granted his request , that he might lay down his bones in this place ; that his heart was strong , and be hoped he might first see Friends again at the Meeting . He made mention of the goodness of God to him , and that his presence had attended him in all his exercises . The next morning being the 2d . of the 2d . month , divers Friends went on board , to help the Vessel up to a Wharf , in order to get him on shoar , in which time he spake as before related , Gods Power attending him . About the 7th . hour , divers Friends carried him in a Hammocker ( being wrapt up in a blanket and cloths to keep him warm ) to the house of Samuel Carpenter . where he declared the goodness of God to him , and that his heart was yet strong , and his memory and understanding good ; after whch he was shifted and then slept a considerable time . Being awaked , he 〈…〉 very comfortable and previous expresions , which some who were 〈◊〉 afterwards committed to writing , what they could 〈…〉 and are as follows . He enquiring what was 〈◊〉 of George Keith's People ? Was ansvvered ; That they were strangely divided , many of them become 〈◊〉 and the honest hearted amongst them returned to Friends . He 〈◊〉 to this purpose , They 〈…〉 the Rock they had rejected . And tha● 〈…〉 please God 〈…〉 many waies ▪ by suffering 〈◊〉 Neighbouring Governments , to tempt or perswade us , to setup or establish the National ministry here ; ye● , he 〈…〉 it , and not touch therewith . And 〈…〉 also much endeavour , to perswade 〈…〉 establishing and maintaining a Militia amongst 〈◊〉 which he also desired us not to touch with , and that if we kept faithfull to the Lord , He would desend and preserve us , and that we needed no such means of preservation , for if our waies did please the Lord , he would make our Enemies to be at peace with us . And he further said That Prophe●● was fulfilled , and a Remnant were wilnesses of it , That Swords should he beat into Plonghshares , and 〈◊〉 into Pruning-hooks ; and that those who make use of the Sword , should perish with the Sword. Speaking concerning some Friends of the Ministry in Old England , he said : Many Friends about us that were rich men , and had publick testimonies , were much 〈◊〉 with their Wordly concerns , which was a great hindrance to their publick service , and I would be often speaking to them about it : For ( said he ) I found it to be hindrance to me , and so I gave it all up into my Son's hands , be allowing me and my Wife so much a year , and then I was at liberty , and had the World under my ●eet ; Which I would of ●●he telling them . He often said , That this place 〈◊〉 Gods Plantation , That in Jamaica and Carolina there were 〈◊〉 few 〈◊〉 , but that this place had a great Fame abroad , wherever he had been , for an honest , laborious and good people . Whereupon he exhorted us many times To keep up our fame , and told us the means how By being f●●●●full to God , and keeping in love one which another● and by forgiving our ●respasses one against another : Often exhorting us to love one another , mentioning that expression of our Saviour By this shall all men know that ye are my disciples , if ye love one another . He likewise pressed us To meet often together ; using this Schripture as a motive thereto , For they that feared the Lord Met often together , and spake often one unto another , and a book of remembrance was written . He further said , The Lord had given him the desire of his heart in coming hither , and that , if he dyed here , he was very well satisfied , and he believed his Wife would also be well satisfied ; and that as the Lord had given her to him , and him to her , so they had given one another up ; and that when he came from her , it was as if he was going to his grave ; That neither Gold nor Silver , Riches nor ●●mour , should have parted them , but that he did it only in obedience to the Lord , and to keep his peace with God. He said , that had been convinced about 4. 5. years ; & had born a faithfull testimony against the hireling Priests , & had been in Prison seven times for his testimony , & the Lord had alwaies been his Preserver & Deliverer , by waies that he thought not of ; And so Friends ( said he ) will He be to you , if you be faithfull to him ; And that several who had been committed Prisoners with him , had used indirect means to get at liberty ; but it was alwaies my resolution ( said he ) not to bow a knee to Baal ; & yet the Lord wrought my Deliverance . And further he said severall times , That in his late Afflictions , he had seen more of the wonders & dealings of the Lord , than ever he had seen before , or ever should have seen , if he had not gone through them , and that he felt the Lord with him , which did out ballance all . Speaking of his patient bearing his sufferings , and how he was supported by the Lords power under all , and of his inquiry of the Lord about it , the Lords answer was : LET PATIENCE HAVE ITS PERFECT WORK . Speaking how sick he was at Jamaica for about twenty weeks , yet ( said he ) I mist but one meeting . He also said That he desired of the Lord , that he might not dye by the hands of those Barbarians ; For ( said he ) They thirsted , or longed as much after our flesh , as ever we did after Victualls . On the 3 d. day of the 2 d. month , some Friends coming into the room to visit him at the sight of them he seemed to rejoice , and putting forth his hand , was ready to embrace them in much love , and in a very tender frame of spirit . The Friends expressed their gladness to see him , but said , They were sorry to see him so very weak ; to which he replied , Although my body be weak , my mind is sound , and memory good : And further said The Lord hath been very good to me , all along unto this very day , and this morning hath sweetly refres●ed me . And further added , The Lord hath answered my desire ; for I desired content , and that I might come to this place , to ●ay my bones amongst you . And afterwards said , It is a good thing , to have a conscience void of offence , both towards God , and towards man. On the 4th . day of the 2d . month , being the 1st . day of the week , about the 5th . hour in the morning , he desired a Friend to write for him to his dear Wife , To remember his dear love to her , and to let her know of his travels , & being here , & that the Lord was with him ; That his outward affairs were seiled , & that She had wherewith all to live on . He further said , divers Friends being present , That the Lord was with him , & all things were Well , & that he had nothiug to do , but to Dye . And accordingly on this day he departed , and on the 3d. day following , being the 6th . day of the 2d . month , was buried in Friends burying ground , in this Town of Philadelphia . And now having brought my relation concerning this good man , to the last Period of his life , I might very well here put a period to my Preface ; but that I foresee , some persons may be ready to say : Here is an account of very strange passages , but of what credit is the Relator ? May We depend upon his Authority , without danger of being imposed upon ? To ●uch I answer . He is a man well known in this Town , of good credit and repute , on whose fidelity and veracity , those who have any knowledge of him , will readily relie , without suspecting fallacy . But , that in the mouth of two or three Witness●s every thing may be established ; besides him & his Wife , a person whose residence ( when at home ) is in this Town , viz Joseph Kirle , the Master of the Barkenti●e in which they suffered shipwrack , a man of an honest character amongst his Neighbours , had the perusall of it , before it went to the press , and approved it . With which I shall conclude ; wishing my Reader much satisfaction in the reading of it : But never the unhappiness , of experiencing in proper person , the truth of it . A Journal of the Travels of severall Persons , with their sufferings , being cast away in the Gulph ( amongst the Cannabals ) of Florida . &c. Persons Names viz. Mariners Joseph Kirle Commander of the Barkentine , Reformation . Richard Limpeney Mate . Solomon Cresson . Joseph Buckley . Thomas Fownes . Thomas Jemmet . Nathaniel Randall . John Hilliard the Masters Boy . Ben. the Masters Negro . Passengers . Robert Barrow . Jonatha● Dickinson . Mary Dickinson . Jonathan Dickinson a sucking Child six months old . Benjamin Allen. Belonging to Jonathan Dickinson . Negroe-Men . Peter . London . Jack . Cesar . Cajoe a Child . Negro Women Hagar . Sarah . Bella. Susana . Quensa . Venus an Indian Girle . The twenty-third day of the sixth-month , called August 1696. Being in Company w●●h twelve or thirteen Sail of Merchant-men ●●●derth C●●voy of the Hampshire Frigot Captain 〈◊〉 Commander Sailed from Port-Royall in Jamaica , we being bound for Pensilvania . Day of the month 24 Day of the week 2 This day about Noon came a Sloop from Port-Royall , meeting us off Portland ; gave in Account of the French-Fleet's being at Cape-Antonio . This Evening we lay by off Black Rivers mouth in order to go the nex● morning 〈◊〉 Bl●●field , out i● being calm ●or many Days , 〈◊〉 , the Current drove ●o westward of the Island . Day of the month 31 Day of the week 2 Mo. 7. This evening we lost sight of the Hamps●●re-Frigo●t land then beat to windward again . Day of the month 1 Day of the week 3 This evening we anchored to Westward of Sav●na La Mar , & lost our Anchor . Day of the month 2 Day of the week 4 This day we got in Blewfield Road to water . Day of the month 4 Day of the week 6 This morning we Sa●●●●rom Blewfields ●●tending our passage thro●gh the G●lph . Day of the month 14 Day of the week 2 This ●ay abou● noon were a brea●t with Cape Antonio 〈◊〉 and about a League to the Lastwa●●s 〈◊〉 Cape . was a ●ire making a great 〈…〉 appeared on the Bay , making 〈…〉 put on 〈◊〉 ; but having a 〈◊〉 Gale and no● kno●ing who they were , ou● Master would not . This day made the Table ●nd of the 〈◊〉 and his evening stood over 〈…〉 Mile from us ▪ 〈…〉 we were got amongst the French-Fleet tacked 〈…〉 Day of the month 13 Day of the week 6 This Morning no ●ail appeared and being most of the day 〈◊〉 we layabo●● f●ur ●eag●es 〈…〉 d●signed for that Por●to enquir● of the 〈…〉 : this afternoon came a Turnado from the Land ; a●d our Master being on the 〈◊〉 ●eck our ●oom gibing knocked him down and broke his Legg : which Accident was grievous to him and us ; but I having things suitable , with a little Experience se● it . At this time ●ad I Four of my Family very Sick o●e whereof was an Indian Girl being j●st as I had bound up the Master's legg taken with Fitts which continued some hours and then she dy'd . This Evening we stood over for Cape Florida , having the wind North-Easterly . Day of the month 19 : Day of the week 7 This Morning the wind not being fair ▪ we stood up for Cuba , and about Sun-rising we espyed the two sail that we saw before th●y standing as we stood : Therefore we supposed them to be some of our company ; we wronged them in sailing , and by noon lost sight of them . About Four this After-noon we espyed a Ship to the Eastward of us ( we being about four Leagues off shoar ▪ and about Fifteen leagues to Eastward of the Havana ) supposing her to be a French-Man therefore stood in for the shoar , 〈…〉 gained on us : when a Turnado sprang up and a great shower of Rain followed wich 〈…〉 ; ●ereupon we racked and stood over 〈…〉 . Night came on that we saw no 〈…〉 that ●ail , having the wind fair . Day of the month 20 : Day of the week 1 This Morning were in the Gulph , having a fair wind , and seeing the two ships following us , we believed them to be of our Company . Day of the month 21 : Day of the week 2 This morning the wind at Last and shi●●ing Northerly . Day of the month 22 : Day of the week 3 This day the storm began at N. E. Day of the month 23 : Day of the week 4 About One a Clock in the morning we felt our Vessel strike some few stroaks , and then she Floated again for five or Six minu●●s before she ran fast a ground , where she beat violently at first : the wind was violent ▪ and it was very dark that our Mariners could see no land ; the Seas broke over us , that we were in a quarter of an hour Floating in ●he Cabin : we endeavoured to get a Candle lighted , which in a little time was accomplished : by this time we felt the Vessell not to strike so often , but severall of her timbers were broken , and some pla●k star●ed ; the seas continued breaking over us , and no Land to be seen ; We concluded to keep in the Vessel as long as she would hold together . About the Third hour this morning we supposed we saw the Land at some considerable distance , and at this time we found the water began to run out of the Vessel : And at Day-light we perceived we were upon the shoar , on a beach lying in the breach of the Sea , wich at times , as the surgis of the Sea reversed , was dry . In taking a vie ● of our Vessell we found that the violence of the weather had forced many sorts of the Sea-Birds on board of our Vessel some of wich were by force of the wind blown into and under our Hen-Cubbs and many remained a live . Our Hogs and ●heep were washed away a●d swam on shoar exept one of the Hoggs wich remained in the Vessel . We rejoyced at this our preservation from the raging Seas ; but at the same Instant feared the sad Consequences that follow●d : yet having hopes ●ill we go●● our sick and Lame on shoar , also our Provisions , with spar●s and Sails to make a 〈◊〉 . I went with one Negroe to view the Land and seek the most convenient place for that purpose ; But the Wilderness Countrey looked very dismall , having no Trees but only Sand , hills covered with shrubby Palme●o , the stalks of which were prickly that there was no walking amongst them ; I espyed a place almost a Furlong within that Beach being a Bottom ; to this place I with my Negro soon cutt a Passage , the storm and Rain continuing : Thither I got my Wife and Sick Child being six months and twelve days old ▪ also Robert Barrow an aged man , who had been sick about five or six months Our Master who some days past broke his legg , and my kinsman Ben●amin Allen , who had been very ill with a violent Fever most part of the Voyage : these with others we gott to the place under the shelter of some few Bushes which broke some of the wind but kept none of the Rain from them ; I got a Fire made : the most of our people were getting ●rovisions a shoar ; our Chests , Trunks and the rest of our Clothing were all very wett and cold . About the Eight or Ninth hour came two Indian - Men ( being naked except a small piece of platted work of straws wich just hid their private parts and fastened behind with a Horse-Tai●● in likeness made of a sort of Silk-grass ) from the Southward ▪ running fiercely and foaming at the mouth having no ●eapons except their knives : and forthwith not making any stop ; violently seized the two first of our Men they met with who were carrying Corn from the Vessel to the Top of the Bank where I stood to receive it and put it into a Cas●● : they ●sed no violence for the men resisted not , but taking them under the Arm brought them towards me . 〈…〉 was very ●urious and bloody . They 〈◊〉 their ●air ●yed in a Ro●e 〈◊〉 in which st●ck two bones shaped one like a broad Arrow ; the other a spear head . The rest of our men followed from the Vess●● ; 〈◊〉 what they should do , whether they should get their Guns to kill these two ; bu● I perswaded them other wise , desiring them to be quiet , sh●wing their inability to defend us from what would follow ; but to put our trusts in the Lord who was able to defend to the uttermost . I walkt towards the place where our Sick and Lame were , the two Indian men following me , I told them the Indians were come a●d coming upon us . A●d whilst these two ( letting the men loose ) stood with a Wild Furious Countenance , sooking upon us I bethought my self to give them some Tobacco and Pipes , which they greedily snatcht from me , and making a Snuffing noise like a Wild-Beast , turned their Backs upon us and run away . We Communed together and considered our condition being amougst a Barbarous people , such as were general●y accounted Man-Eaters , believing 〈…〉 were gone to Alarum their People . We satt our selves down , expecting Cruelty and hard death excep●●● shoul● please the Almighty God to work Wonderfully for our Deliverance . In this deep Concernment some of us were not left without hopes ; blessed be the Name of the Lord in Whom We trusted . As We were under a deep Exercise and concernment , a motion arose from one of us that if we should put ourselves under the Denomination of Spaniards ( it being known that that Nation had some Influence on them ) and one of us named Solomon Cr●s●on , speaking the Spanish Language well , it was hop't this might be a means for our delivery : To which the most of the Company assen●ed . Within two or three hours after the departure of the two 〈◊〉 , some of our people being near the Beach o● 〈◊〉 returned and said , the Indians were coming in a very great number , all running and shouting : About this time the Storm was much abated , the ●ain ceased ▪ and the Sun appeared , which had been ●id from us many days . The Indians went all to the Vessel taking forth whatever they could lay hold on , except Rum , Sugar , Molassoes , Beef and Pork . But their 〈◊〉 ( for so they call their King ) with about thirty more came down to us in a Furious manner , having a dismall Aspect and foaming at the month : Their Weapons were large Spanish Knives , except their 〈◊〉 who had a bagganett that belong'd to the Master of our Vessel : They rushed in upon us and cryed , Nickaleez , Nickalee● ; We und●rstood them not at first : they repeating it over unto us of●en ; At last they cryed , Epainia or Spaniard : by which we understood them that at first they mean● English ; but they were answered to the latter in Spani●● yea ●owich they replyed , No Spainia No , but all cryed o●● , Nickaleez , Nickaleez ▪ We fitting on our Chests , boxes and Trunks , and some on the ground , the Indians surrounded us . We stirred ●or moved no● ; but sa●● all or most of us very calm and still , some of us in a good frame or spirit , being freely given up to the Wi●● of God. Whilst we were thus fitting , as a People almost unconcerned these bloody minded Creatures placed themselves ●ach behind one kicking and ●hrowing away 〈◊〉 ●ushes 〈◊〉 vvere nigh 〈…〉 had placed himself behind me , standing o● the Chest vvhich I satt upon , they all having their Arms extended vvith their knives in their hands , ready to execute their bloody design , some taking hold of some of us by the heads vvith their Knees sett against onr shoulders . In this Posture they seem'd to wait for the Casseekey to begin . They were high i● words wich we understood not . But on a sudden it pleased the Lord to Work Wonderfully for our preservation , and instantly all these savage men were struck dumb , and like men amazed the space of a Quarter of an Hour , in which time their countenances Fell , and they looked like another People . They quieted their places they had taken behind us , and came in amongst us req●iring to have all our Chests , Trunks & Boxes unlockt ; which being done , they divided all that was in them . Our Mony the Casseekey ●ook unto himself , privately hiding in the Bushes . Then they went to pulling of our Clothes , leaving each of us only a pair of breeches , or a ●old Coat , except my Wife & Child , Robert Barrow & our Master , from Whom they took but little this day . Having thus done , they asked us again . Nicka leez , Nickaleez ? But We answered by saying P●nsilvania . We began to enquire after St. Augu●●een , also would talk of St. a Lucea , which was a Town that lay about a Degree to the Nor●hward : Bnt they cunningly would seem to perswade us , that they both lay to the Southward . We signify'd to them that they lay to the North●ard . And we would talk of the Havana that lay to the Southward These places they had heard of & knew which way th●y lay . At length the Casseekey , told us , how long it was to 〈◊〉 Lucea by Days travel ; but cared not to hear● as mention St. Augusteen They would signify by Signs , We should go to the Southward . We answered That we must go●o the Nothward For Augusteen . When they found , they could not otherwise perswade us , th●y signify'd that we should go to the Southward for the Havana , and that it was but a little Way . We gave them to understand that We came that way and were for the Northward ; All which took place with them . We perceived ●hat the Casseekey's heart was tendered towards us ; for He kept mostly with us & would the remaining part of this day keep off the Petty-Robbers , which would have had our few Raggs from us . Sometime before Night we had a shower of Rain , where upon the Casseekey made signs for us to build some shelter ; upon which we got our Tent up and some Leaves to lie upon . About this time our Vessell lay dry on shoar & th● Indians gathered them selves together Men and Women , some Hundreds in numbers . Having gott all the Goods out of the Vessel and covered the Bay for a large distance , opened all the stuffs and Linnens and spread them to dry they would touch no sort of strong drink Sugar ●or Mol●ssoes , but left it in the Vessell . They shouted and made great noises in the time of Plun●er . Nicht coming on , the Ca●seekey put those Chests and Trunks which he had reserved for himself into our Tent ; which pleased us , and gave an Expectation of his company , for he was now become a Defender of us from the rage of others . The Ca●seekey went down to the Waterside amongst his People and returned with three old Co●s that were wett and turn , which he gave us ; one wher of I had . We made a fire at each end of our 〈…〉 vn it being la●ke but hearing hid●ous noises and fearing that they were not satisfyed , we expected them upon us . The Chief Indian ( or Casseekey ) lay in the Ten● upon his Chests . And about Mid-night we heard a Company of Indians comming from the Vessel towards us , making terrible shouts , and coming fiercely up to the Tent , the Casseekey called to them ; which caused them to stand . It seemed , they had killed a ●●gg and brought him : So the Casseekey askt us it we would ea● the Hogg ? Solomon Cre●son , by our di●re , answered him that we used not to eat at that time of the Night : Wereupon they threw the Hogg down before the Tent , and the Casseekey sent them away . They went shouting to the Sea-shoar , were there w●re some hundreds of them Revelling about our Rack . Day of the month 7t . mo . Day of the week 25. 6. This morning having purposed to endeavour for Liberty to pass to the North-ward , Solomon opened the matter to the Casseekey ; who answered We mu●t go to his Town to the South-ward . This occasioned us to press him more urgently to let us go ●or St. a. Lucea ( this place having a Spanish name , supposed to have found it under the Government of that Nation , whence we might expect r●lief ) But the Casseekey told ●s that it was about two ●● three days You●●●●ither and that when we came th●re , we should have our Troats and scalps cutt , and be shott , burnt and Earen . We thought 〈◊〉 information was but to di●ert us ; so that we were mo●● earnest to go but he sternly den●y'd us , saying , We must go to his Town . About Eight a Clock this morning the Casseekey came into our 〈◊〉 and sett himself amongst us asking the old Question . Nick●l●er Nickal●● directing 〈…〉 one particular of ●s , who in simpl●city answered ▪ ye● . Which caused the 〈◊〉 to ask the Said Person , if another person which he pointed to , was Nickaleer ? He answered yes . Then he said , To●us ( or all ) Nickaleer , and went from amongst us . Returning 〈◊〉 a short time with some of his men with him , and afresh they went greedely to Stripping my Wire and Child , Robert Barrow and our M●ster who had eschaped 〈◊〉 now . Thus were we left almost Naked , till the Feud was something abated and then we gott some what from them which displeased some or them . We then cutt our Tents in pieces , and gott the most of our Clothing out of it : Which the Indians perceiving , ●ook the Remain● from us . We Men had most of us Breeches and pieces of Canvas , and all our Company Interceeded for my Wife that all was not taken from her . About Noon the Indians having removed all their Plunder off the Bay , and many of them gone , a Guard was provided arm'd with Bows and Arrows , with whom We were summoned to March ? and a burthen provided for every one to carry that was any ways able . Our Master with his broken Legg was helpt along by his Negroe Ben. My Wife , was forced to carry her Child , they not suffering any of us to relieve her . But if any of us offered to lay down our burthen , We vvere threatened to be short . Thus vvere We forced along the Beach Bare-footed . We had saved one of the Masters Quadrants , and Sea-mens Calender , vvith tvvo other Books . As We Walked along the Bay ( the timē suiting ) our Mate Richard Limpency took an Observation , and We found our selves to be in the Latitude of tvventy-seven Degrees and Eight Minuits . Some of the Indians were offended at it : When he held up his Quadra●● to observe ; One would draw an Arrow so shoote him ; but it pleased God hitherto to prevent them from shedding any of our Blood. One passage I have omitted . Two of our Mariner's named Thomas Fowns and Richard Limpan●y went for t this morning from our Tent down to the Bay where the Indians were , and viewing of them at some distance an Indian Man came running upon them , with his Knife in his hand , and took hold of Thomas Fownes to Stab him ; but the said Tomas fell on his Knees , using a Spanish Ceremony , and begged not to kill him ; whereupon the Indian desisted , and bid him be gone to the place from whence he came . The said Thomas at him return acquainted us how narrowly he had escaped . After We had traveled about five miles along the deep Sand , the Sunn being extream hott , we came to an Inlett . One the other fide was the Indian-Town , being little Wig-wams made of small poles stuck in the ground , wich they bended one to another , making : an Arch , and covered them with Thatch of small Falmetoe-Leaves : Heere We were commanded to sittdown , and the Casseekey came to us , who with his hand scatched a hole in the Sand about a foot deep , and came to Water , which he made Signs for us to come and drink : We , being extream thirsty , did ; but the Water was almost Salt. Whilst we sat here . We saw great fires making on the other side of the Inlett , which some of us thought was preparing for us . After an hour's time being spent here at lenght came an Indian with a small Cannooe from the other fide , and I with my Wife and Child and Robbert Barrow were ordered to go in : The same Cannooe was but just wide enough f●r us to fitt down in . Over We were carried , and being landed , the Man made signs for us to walk to the Wig-wams ; which we did ; but the young Iudians would seem to be frighted and fly from us . We were directed to a Wig-wam , which afterwards we understood to be the Casseekey's : It was about Man-high to the topp . Herein was the Casseekey's Wife and some old Women sitting on a Cabin made of Sticks about a foot high covered with a matt they made signes for us to sitt down on the ground ; which we did the Casseekey wife having a jo●●g child sucking att her breast gave it to another woman , & would have my child ; which my wife was very loath to suffer ; but the would not be deny●d , took our child & suckled it at her Breast viewing & feeling it from top to toe ; at lengt returnid it to my wife , and by this time was another parcel of our people come over ; and sitting down by the wig-wam side our Indian brought a fish boiled on a small Palmeto leat and sett it down amongst us making signs for us to eat : but our exercise was too great for us to have any inclination to receive food . at length all our people were brought over , and afterwards came the Casseekey . As soon as he came to his wig-wam he sett himself to work gott some stakes and stuck them in a Roce joyning to his wig-wam and tyed some sticks whereon were these small Palmetoes tyed and fastened them to the stak●s about three foot high ; and layed two or three Matts made of Reeds down by this shelter ; wich ; it seemes he made for us to break the wind off us ; and ordered us to lye down there ; which we did , as many as the matts wonld hold the rest lay on the ground by us . the Casseekey . went into his wigwam and sealed himself on his Cabin Cross legged having a Basket of Palmetoe Berries brought him , which he eat very greedili : after which came some Indians un to him and talkt much ▪ night came on : the moon being up an Indian , who performeth their Ceremonies stood out , loocking ful at the moon making a hideous noise , and crying out Acting like a mad man for the space of half●n hour ; all the Indians being silent till he had done : after which they all ma●e fearfull noise some like the barking of a Dogg , woolf , and other strange sounds . After this , one gets a logg and setts himself down , holding the stick or logg upright on the ground , and severall other● getting about him , made a hid●ons noise , singing to our amazement ; at length their Women joyned Cousort , making the noise more terrible , this they continued till Midnight . Toward● morning was great De vs : Our Fire being expended ● We ●vere extre●m cold . This morning the Casseekey looking on us with a mild Aspect , sent his son wi●h his striking staff to the Inle●● to strike Fish for us ; which was performed with great dexterity ; for some of us walked down wi●● him and though we lookt very earnestly when he trew his Staff from him , could not see a Fish ; at which time he saw it , and brought it on shoar on the end of his staff . Sometimes he would runn swif●ly pursueing a Fish , and seldom mist when he darted at him . In two hours time he got as many Fish as vvould serve tvventy Men : there vvere others also fishing at the same time , so that Fish vvas plenty : but the sence of our Conditions stayed our hungry stomacks : for some amongst us thought they vvould feed us to feed themselves . The Casseekey vvent this Morning tovvards our Vessel ; in his absence the other Indians lookt very untovvardly upon us , vvhich created a jealousie of their Cruelty yet to come . This Afternoon We savv a great fire nigh the pla●e of our Vessel ; vvhereupon We concluded that● our Vessel and our Boat vvere burnt : Whereupon We vvere almost confirmed that they designed to destroy us . About Sun-setting the Casseekey came home : vve spake to him he ansvvered us , and seemed very affable ; vvhich We liked Well . Night drawing on , and the Wind shifting North Ward , We removed our shelter , and added the Matts to it to break the Wind off us . Which blowed cowld , and lay'd our selves on the sand . About an hour Within Night came a parcell of Indians from the south-ward being all arm'd with bows and Arrows and comeing near our Ten● some of us espy●d them where upon they squatted down . This seemed a fresh motive of danger , and we awakened those of us that were faln a sleep , and bid them prepare , for things seemed dangerous we suppposing they ware come to foward our destruction or to carry us to the Southward they sat thus a Considerable time ; at length they distributed themselves to the wig-wams , thus would danger often appear unto us and almost swallow us up , but at times we should be sett over it , having a secret hope that God would work our deliver rance having preserved us from so many perills . Sometime before Night Robert Barrow was Exhorting us to be patient , and in a Godly manner did he expound that Text of Scripture : Because thou hast kept the word of my patience &c. Rev : 3 Chap : 10 ver : after which he ended with a most fervent Prayer desi●● of the Lord that whereas he had suffered us to be cast amongst a barbarous and heathenish people , if that it was his blessed will , He would preserve and diliver us from amongst the● that our names might not be b●ried in Oblivion ; and that he might lay his Body among●t Faithfull Friends : And at the close of 〈◊〉 Prayer ; He seemed to have an Assurance that his Petition would be granted . In all which some of us were livingly refressed and strengthened . Day of the month 7t Mt : Day of the week 27. 1. This morning we again used our Endeavours with the Casseekey , that we might go to the North-ward for Augusteen . His answer was , We should be all kil●d ; but at length we prevailed , and He said , on the Morrow we should go . Hereupon he took three Negroemen ( one of Ioseph Kirle rand two of mine ) and with a Cannoe went up the sound . This day the Indians were busy with what they had taken out of our Vessel , and would have inployed all of us to doe , some one thing , some another for them ; but we not knowing the Consequence endeavoured to shun it , and would deny them demands But some of our Men did answer their desires in making and sewing some Cloth together , stringing our Beds , mending of Locks , of the Chests &c. Whatever they thought was a miss they would be putting upon us to mend , still we wholy refused . At which time I heard a sayingh that came from one of the Chief Indians , thus [ English Son of a Bitch ] which words started me ; For I do believe they had had some of our Nation in their possession , of whom they had heard such an expression : I passed away from the Wig-wam with m●c● trouble . This ●ay being the first of the Week , we having a large 〈◊〉 and a Book of Robert-Barcley●s , some one or o●●er was o●te● Reading in them : But being most of us sat together , Robbert Barrow desired our People to wait upon the Lord : In wich time Robert had a ●●rd in season unto us , and afterwards went to Prayer , all the Indians comeing about us , and some younger sort would be mocking ; but not to our disturbance : The Elder sort stood very modestly the whole time : After Prayer ended , they all with drew quietly : But some of them ( especially the Casseekey's eldest Son ) would take great delight in our Reading , and would take the Bible or other Book , and give to one or other to read , the Sound of which pleased them , for they would sitt quietly and very attetively tohear us . The Casseekey having been gone most part of the Day with three Negroes in our Boat comeing over the Barr into the Inlett . We rejoyc't to see our Boat , for we thought She had been Burnt . Our Negroes told us ; They went up Sound with the Casseekey , and landed near the place where our Tent had been : The chief Business was to remove the Mony from one place to another , and bury it . This Old man would trust our People , but not his own . After that was done , they went to the place where our Vessel was burnt ; they lanched our Boat , in which the Old Casseekey put his Chests , wherein was our Linnen and other of our Trade : Also they gott a small Rundlett which they filled with Wine out of a Quarter Cask that was left and brought Sugar out of the wrack which was not consumed with the Fire . By this time came the Caseekey and other Negroe in the Cannooe . He told us . On the Morrow we should go with our Boat : This was cheerfull news unto us . All the time some Ind●ans had been out , and brought home some Oyst●rs , and the Casseekey , gave us some , bidding us take , what we had a minde to . A fittle before Nicht the Casseekey , opened his Chest and boxes ; and his 〈…〉 ●●ok what 〈◊〉 in them from him : But he seem●d 〈◊〉 ●y generous to my Wife and Child , and gave her severall things w●●ch were usefull to Her and our Child . Our 〈◊〉 was very Leaky ; so we gott her into a Creek to sink her , that the water might swell her . Day of the month 7t Mt : Day of the week 28. 2. This morning We waited an Opportunity to gett leave to de part , which was granted us : Whereupon we asked for such things as they did not make use of ; viz. A● great Glass , wherein was sive or six pound of Butter ; some Sugar ; the Rundlett of wine : And some Balls of Chocolate : All which was granted us ; also a Bowle to heave Water out of the Boat. But the Casseekey would have a Negroe-Boy of mine , named Caesar , to which I could not tell what to say ; but he was resolved on it . We gott down to the Waterside , and sent all our People over that where to travell : And Ioseph Kirle , Robert Barrow , I , my Wife and Child with two of our Mariners went in the Boat , and rowed along shoar Northwards ; But the Casseekey would have us to have gone with our Boat up the Sound : We supposed the Sound was a great River ; and therefore were not willing to take his advice , having no knowledge ; but his Counsel was good , as We found afterwards ; for the conveniency of passage . The Casseekey and some other Indians went with our People towards our Wrack , we rowing along shoar , and our Boat very l●aky , that one person had Imploy enough to heave out the Water . just before we left the Indian-Town , severall Indians were for taking the little , Clothes and Raggs We had not ; 〈…〉 Casseekey , he would cause then to 〈…〉 S●lomon Crelson was mightily in one Ind●●n's favour , who would hardly stirr from his Wig-wa●● but Solo●on must be with him , and go Arm in Arm ; Which Indian amongst his Plunder , had a Morning-Gown , which he putt on Solomon , and Solomon had worn it most of the time we were there ; but when the time of our departure came an Indian unrob●d him , and left only a pair of Breeches , and seem'd very angry . It was high Noon when We left our Wrack ( she being burnt down to her Floor-T●mbers which ●ay in the Sand ) We setting forward , some in the Boat ? the rest traveled a long shoar ; and a little before Su●●setting , our People came up with abundance of small Fish ●●at had been forced on shoar , as me may suppose , by the Storm that drove us a shoar , ( they lying farr from the Water , being much tainted ) covered the shoar for nigh a mile in length : Of which our People gathered as many as they could carry . About Sunn-setting we putt on shoar to refresh our selves , and take a small Respi●e , also to take my Kinsman Benjamin Allin i● to our Boat : For this After-noon in his Travell he was taken with a Fever and Ague , and We had much trouble to get him along , he having been Sick nigh unto death ( being first taken the day before We left Blewfields Road ) untill about a Week before we were cast away . One of my Negroes had saved a Tinder-Box and Flint , and We had reserved tvvo Knives , by vvhich means We got a Fire , though with much difficulty , for our Tinder was bad , and all the Wood Salt-water soaken : which being accomplished , we broiled all our fish , feeding haertily of some of them and the rest we kept not knowing when we should be thus furnished again ; for which some of us were truli tankfull to the ●od of all our Mercies . Having a large fire many of us gott under the leigh , of it , and others buried themselves in the sand , in hopes to gett a lic●e sleep , that we might be some what refreshed , and there by be the better enabled some to travell and some to row the remaining part of the night : but the sand flyes and Muskettoes were to exheam thick that it was impossible the Moon shining we lanched our Boat I and my wife and child , the Master Robert Barrow my Kinsman Allin , Solomon Cresson . Joseph Buckley and the Masters Negro went in our Boat ; the rest travelled along soar about midnight , or a little after our people came by an Indian Town ; the Indians came out in a great number , but offered no violence more than endeavouring to take from them what little they had : But making some small resistance , the Indians were putt by their purpose They were very desirous to have us come on shoar , and would hale us ; but our People would have us keep of . We were gott among a parcell Breakers , and so had much a do to gett out to Sea. Day of the month 7 mo : Day of the week 29. 3. This Morning about Sun-rising We stood ni for the Land , and looked out for our People ; but could not see them , therefore we lay by for the space of two hours , and at lenght saw them comeing along with a great many Indians with them : When they came a Breast with us , the Indians wafled us a shoar ; but we refused , perceiving they werewickedly bent ; they would be ever and anon snatching one thingh or other : At which time our People would point to us in the Boat ; but perceiving they could not ●●tt us a shoar in some few hours left them . This Day Noon Joseph Kirle having his Quadrart and Calender , took an Observation , being in Lat●●ude 27 de . 45 min. About one a Clock we saw two Ind●ans with Bows and Arrows running to meet our People ; who when they saw them , at first they made a 〈◊〉 and afterwards Retreated : At which the Indians lett fly an Arrow ; which narrowly escaped one of them : Whereupon they stopt ; the Indians looked strengely on them ; but our people sett forwards , and the Indians with them untill they came to the Indian-Town . We saw our People go into the Wiggwams , but stayed a very short time ; for the Indians were for taking those pieces of Canvas they had from them . They gott some Water and sett forward again the two Indians still followed them . About this time We saw a Sail to the Eastward , and We supposeing it at first to be a Briganteene , agreed to follow her ; but in a small time We made it to be a Cannooc or Boat with two Masts and Sails : She stood in for the shoar ; but as soon as they espy'd us She bore away : And when She saw we made not after her , She stood a shoar again for the Indian-Town ; hereupon a Jealousie gott amongst us that She might go on shoar and gett strong with Men , and then come after us ; whereupon We rowed very hard and kept an offing for some hours ; but finding they came not out , we stood towards the shoar again . This day was extream hott and We had no Water since We left the Indian-Town to the Sowth-ward of our wrack , called by the name of Hoc-Bay ; therefore We were desirous to gett on shoar , but when We endeavoured it , We could not ; for the Seas swelling very much and came to 〈…〉 and broak almost a mile from the shoar ; our Master said , It was inpossible to ge 〈…〉 on shoer a live : But I being 〈…〉 some Exerci●e was disirous to be on shoar , and thereupon did express my self to the rest of our People ▪ they star●●●d the danger ; all which I was as 〈◊〉 of as they , yet I could nor rest but insisted 〈◊〉 going a shoar : The Master and Men said , We should not have our lives ; but I gained so farr , that they atempted and were gott within half a mile of the shoar ; but the Seas came on us so large and hollow that one Sea had like to have over-welmed us : We just gott a topp of it before it broke ; There was then no perswading them to go further , but We stood off , and disigned to keep off all Night , our People being very weary , and the Sunn setting ; We divided one half to gett some sleep , the other to watch and keep the boat 's head to the Sea. The Wether looked as though it would be bad , and the Sea increased ; Whereupon I began a fresh to perswade them to go on shoar . All were disirous , but thougt it impossible . Att length We resolved to venture ; And so committing our selves to the Protection of the Almighty GOD ; We stood in for the shoar , and made signs to our People that We disigned it . And it pleased GOD to order i● so that We went on shoar , as though there had been a Lane made through the Breakers , and were carried to the topp of the Bank , were We gott aged Robert Barrow , my Wife and Child out of the Boat , before ever a Sea came to fill Us ; which did , as soon as they were gott out : 〈◊〉 We gott our Boat up from the wash of the Sea. The two Indians were for taking off our Clothes , ( which would not cover our Bodies ) but We not being willing to yield they vvould snatch a piece from one and a bitt from an other , and run away with that , and then come again and do the like . These two Indians took away what was given to my Wife and Child which we knew not how to help , but exercised Patience . We enquired how farr it was from St. a Lucea ( one of them speaking a little Spanish ) and by signes we understood it was not farr . They made fignes that when we came there , we should be putt to most cruell Death but we hoped otherwise . At this place within the Land , and over the Sound our People said , before it was dark , they saw two or three Houses , which looked white , tho they were plastered with Lime : which putt us in hopes that there were Spaniards there ; so we sett forward as the Iadians directed for St. a Lucea . They made Signs that we should come to an Inlett of the Sea , and on the other side was St. a Lucea . We travelled about four Miles and came to the Inlett , but saw no Settlement on the other side ; so we concluded to lye there all Night . We saw the tract of a large Bare and oth●re wildBeasts ; whereupon we sett to work to gett Wood and then a fire : Aboundance of Muskettoes and Sand-flyes hindred our rest ; to remedy which we digged holes in the Sand , gott some Grass and laid it therein to lye upon , in order to cover our selves from the Flyes ; which most of us did ; but it being extream cold , and 〈…〉 ing scarse , we had little comfort . About Mid-Night we sent our People to see if they could gett off our Boat , and bring it into the Inlett , that We might gett over to the other fide : They went and launched her , but the Sea was so rough that there was no possibility of getting Her off , for She was soon filled , and putt to Swimm , and they , Boat and all were driven on shoar again . Whilst our People were gone for the Boat , We espied som Indians in a Cannooe with their Torch a Fishing : We sent for Solomon ( Who was gone to launch the Boat ) expecting they would come , seeing fires , and We should not tell what to say to , them ; but they did not . Here We lay watching , for no rest could be taken . the 7. Month the 30. the 2. day of the Week . This Morning by break of Day We saw a small Cannooe from the other side 〈◊〉 oft shoar with two Indians , inner going up the River ( or Sound ) a Fishing . We haired them in Spanish and as soon as they heard and saw us , they made to the shoar with all speed , and away to their Town they runn : We perceiving they were shey of us , begann to ●oubt of their Amity which We had so much depended on ; whereupon We counceled our People now to deport themselves , especially our Negroes . About 〈◊〉 We saw the Indians comeing , running 〈…〉 great number with their Bows and Arrows to the Inlett ; where having sive or six 〈…〉 into them , as many as those Cannoo's could 〈…〉 Others took the water , 〈…〉 they came in the greatest rage th● 〈…〉 people could . Solomon began 〈…〉 they answered not till they 〈…〉 from us ; and then comeing 〈…〉 they cryed out , Nickaleer , Nickaleer . We satt all still Expecting death , and that in a most Barbarous manner . They that did speak unto them could not be heard : but they rushed violently , on us rending and tearing those few Clothes we had : they that had Breeches had so many about them , that they hardly touched the Ground till they were shaken out of them thy fore all from my Wife , and espying her Hair-Lace , some were going to cutt it hair and away to gett it , but , like greedy Doggs , another snatched and tore it off . As for our poor young Child , they snacht from it what little it had , as though they would have shak●n and torne it , Limb from Limb. After they had taken all from us but our lives , they began to talk one to another , vehemently foaming at Mouth , like wild Boars , and taking their Bows anb Arrows with other Weapons , cryed out Nickaleer , Nickaleer . Solomon Spake in Spanish to Them , and said We were Spanjards ; but They would not hear Him , and continued crying out Nickaleer , Nickaleer , with all drawing their Arrows to the Head. But suddenly We perceived them to look about and listen , and then desisted to prosecure their Bloody Disign . One of them took a pare of Breeches and gave to my Wife . We brought our great Bible and a large Book of Robert Barclays to this Place . And being all Stripped as Naked as We were Born , and endeavouring to hide our Nakedne●s ; these Cannaballs took the Books , and tearing out the Leaves would give each of us a Leave to cover us ; which We took from them : At which time they would deride and smite us ; and instantly another of them would snatch away what the other gave us , smiting and diriding us withall . Robert Barrow with my Self , Wife and Child were ordered to go in to a Cannooe to be carryed to the other side of the Inlett , being a Furlong over , Four Indians being in the Cannooe to paddle : when We came to the other side within a Cannooe's lenght or two of the shoar . A number of Indians with their Bows and Arrows came running into the water , some to their knees , some deeper , having their Bows and Arrows drawn up , Crying out Nickaleer , Nickaleer ; which they continued without ceasing . The Indians that brought us over leapt out of the Cannooe , and swam a shoar , fearing they should be Shott ; But in this Juncture it pleased GOD to tender the hearts of some of Them towards us ; especially the Cassekey his Wife , and some of the chiefest amongst them , who were made Instruments to interceede for Us , and stopp the rage of the multitude , who seemed not to be satisfy'd without our blood . The Cassekey ordered some to swim , and fetch the Cannooe a shoar ; which being done , his Wife came in a Compassionate manner and took my wife out of the Cannooe , ordering her to follow her , which we did some distance from the Inletside , and stood till all our people were brought over , which in a little time was done . But the rage of some was still great , thirsting to shedd our blood , and a mighty strife there was amongst them : some would kill us , others would prevent it . and thus one Indian was striving with another . all being gott over , were to walk a long the sea shoar to their Town : in this passage we most of us felt the rage of some of them , either by striking or stoneing ; and divers Arrows were shott : but those that were for preserving us would watch those that were for destroying us : and when some of them would go to shoote , others of them would catch hould of their Bows or Arm. It was so ordered that not one of us was toucht with their Arrows ; severall of us were knocked down , and some tumbled into the Sea We dared not help one another ; but help we had by some of them being ●●de instrumentall to help us . My Wife received severall blows , and an Indian came and took hold of her Hair , and was going either to cutt her Throat or something like it , having his Knife nigh Her throat ; but I looked at him , making a sign that he should not , so he desisted : At wich time another Indian came with a handfull of Sea-sand and silled our poor Child's Mouth . By this time the Cassekey's Wife came to my Wife seeing her oppressed , and they pulled the Sand out of our Child s mouth , and kept by my Wife untill we gott into the Casseekey s house , whith was about fourty foot long and twenty-five foot wide , covered with Palmixtoe-Leaves both topp and sides . There was a Range of Cabbins , or a Barbecue on one side and two ends . At the entering on one side of the house a passage was made off Benches on each side ●●ding to the Cabins . On these Benches satt the Chief Indians , and the upperend of the Cabin was the Casseekey seated . A kind of Debate was held amongst them for an hour s time . After which Solomon and some others were called to the Casseekey ; and were sea●ed on the Cabin ; where the Casseekey talked to Solomon in the Spanish Language : But could not hold a Discourse . In a little time some raw Deare-Skins were brought in and given to my Wife and Negroe-Women , and to us Men such as the Indian-Men wear , being a piece of Platt work of Straws wrought of divers coulours and of a Triangular Figure , with a Belt of Four Fingers broad of the same wrought together , which goeth about the wast and the angle of the other having a thing to it , com●ig between the Leggs , and Strings to the ends of the Belt ; All three meeting together are fastened behind with a Horsetail or a Bunch of Silk-grass exactly resembling it , of a ●axen coulour : This being all the Apparell or Covering that the Men wear ; And thus they clothed Us. A place was appointed for us , Matts being laid on the Floor of the House , where We were ordered to lye down : But the place was extream Nasty ; for all the Stones of the Berries which they eat and all the nastiness that 's made amongst them lay on their Floore , that the place warmed with abundance of many sorts of creeping things ; as a large black hairy Spider , which hath two Claws like a Crabb ; Scorpions ; and a numberles number of small Buggs . On these Matts We lay , these Vermin crawling over our naked Bodies . To brush them off was like driving of Muskettoes from one where they are extream thick . The Indians weare Seated as aforesaid , the Casseekey at the upperend of them , and the range of Cabins was fill'd with Men , Women and Children , beholding us . At length we heard a Woman or two cry ▪ according to their manner , and that very Sorrowfully One of which I took to bee the Casseekey●s Wife which occasioned some of us to think that something extraordinary was to be done to us We heard a strange sort of a noise which was not like unto a noise made by a Man ; but We could not understand what nor where it was ; for somtime it Sounded to be in one part of the House , somtimes in another , to which We had an ear . And in deed our ears and eyes could perceive or hear nothing but what was strange and dismall ; and Death seemed sorrounded us . But time discovered this Noise unto us . The occasion of it was thus . In one part of this House were the Fire was kept , was an Indian Man , having a Pott on the Fire wherein he was making a Drink of the Leaves of a Shrubb ( which We understood Afterwards by the Spaniard , is called Casseena ) , boyling the said Leaves , after they had Parched th●m in a Pott ; then with a Goard having a long Neck and at the Topp of it a small hole which the topp of ones● Finger could cover , and at the side of it a round hole of two Inches diameter , they take the Liquor out of the Pott and putt it into a deep round Bowle , which being al most filled containeth nigh three Gallons : with this Goard they brew the Liquor and make it froth very much It looketh of a deep brown colour . In the ●rewing of this Liquor was his Noise made which we thought strange ; for the pressing of this goard gently down into the liquor , and the air which it contained beeing forced out of the little hole at topp occasioned a sound ; and according to the time and motion given would be various , This Drinck when made , and coole to supp , was in a Conch-shell first carried to the Casseekey , who threw part of it on the Ground , and the rest hee drank op , and then would make a loud He●m ; and afterwards the Cupp Passed to the rest of the Casseekey's Associates , as aforesaid , but no other Man , Woman nor Child must touch or tast of this sort of Drinck ; of which they sat sipping , Chatring and Smoaking Tabacco , on some other Herb instead thereof , for the most part of the day . About Noon was some Fish brought us on small Palmetoe Leaves , being boiled with scales , head , and Gills , and nothing taken from them but the Gut●s ; but our troubles and Exercice were such that We cared not for food . In the Evening , we being laid on the place aforesaid the Indians made a Drumm of a skin , covering there with the deep Bowle in which they Brew●d their Drink , beating thereon with a Stick , and having a couple of Rattles made of a small Goard put on a Stick with smal stones in it , shaking it , they began to sett up a most hideous howling , very irksome to us , and some time after came some of their Young Women , some singing some dancing . This was continued till Mid-night , after which they went to sleep . the 8 Mth. 1. the 5 of the Week . This day the Casseekey looking on us pleasantly , m●de Presents to some of us , especially to my Wi●● ; he gave her a Parcell of Shelfish , which are known by the name of Clamms ; One or two he roasted and gave her , shewing that she must serve the rest so , and eat them . The Indian Women would take our Child and Suckle It , for It 's Mother's Milk was almost gone that it could not gett a Meal : And our Child , which had been att Death's-Door from the time of It's Birth un●●l We w●re cast away began now to be cheerfull , and have an appetite to food ; It had no covering but a small piece of raw Deare Skin ; not a shred of Linne● or Wollen to putt on it . About the tenth hour , wee observed the Indians to b●e on a sudden motion , most of the principall of the● betook themselves to their houses : The Casseekey went to dressing his head and painting himself , and so also did the rest : When they had done , they came into the Casseekey's house , and seated themselves in Order . In a small time after came an Indian with some small Attendance in to the house , making a Ceremoneous Motion , and seated himself by the C●sseekey , the persons that came with him seated themselves amongst the others , After some small pause the Casseekey began a Discourse , which held nigh an hour . After which the Strange Indian and His companions went forth to the waterside , unto their Cannooe lying in the Sound , and returned Presently with such Presents as they had brought , delivering them unto the Ca●seekey , and those sitting by giving an Applause . The presents were some few Bunches of the Herb they make their Drink of , and another Herb which they use instead of Tobacco , and some platted Balls stuffed with Moss to lay their Heads on instead of Pillows . The Ceremony being ended , they all seated themselves again , and went to drinking Casseena , Smoaking and talking during the Strangers stay , About Noon some Fish was brought us : Hunger was grown strong upon , and the Quantity given was not much more than each a Mouthfull ; which We eat : The Casseekey ordered the Master Joseph Kirle Solomon Cr●sson , My Wife and Me , to sitt upon their Cabin to eat our Fish ; and they gave us some of their Berries to eat . We ●asted them , but not one amongst us could suffer them to stay in our Mouths ; for We could compare the Tast of them to nothing else , but rotten Cheese steep'd in Tobacco . Sometime after We had eaten , some of the Indians asked us , if We vvere Spaniards ? Solomon ansvvered them , Yes . Then some off the Indians vvould point to those vvhose Hair was black , or of a deep Brown , and say such a one was a Spanjard of the Havana , and such of Augusteen : but those whose Hair was of a light colour they were doubtfull of ; some would say they were no Spaniards . About the third hour in the afternoon the Strangers went away , and some small time after they having satis●y'd themselves that most of us vvere Spaniards , told us that We should be sent for to the next Town ; And They tould us that there vvas a Nickaleer off , and We understood them [ English-Men off Bristoll ] , also the Number Six Men and a Woman : And that they vvere to be put to Death before We should gett thither . We vvere silent , although much concerned to hear that Report . They also told us that a Messenger vvould come For us to direct us to the next Town , thence to Augusteen . Night coming on they betook themselves to their accustomed S●●ging and Dancing . About the Tenth or Tvvelfth hour in the Night before the Singing and Dancing vvas ended , came in a Stranger armed vvith Bow and Arrows : the Ca●seekey and his Companions entertained him vvith hal● an hour's Discourse , vvhich ended , We vvere on a sudden ordered to gett up and hurryed avvay vvith this Stranger , they not giving us time to see if we vvere all together ; and a Troop of Young Indian-Men and Boy 's Followed us for about Four miles , all which Way they pelted us with Stones : Att length they all left us except Two and our Guide ; but We missed Solomon Cre●son , and Joseph Kirle's Boy , and Negroe Ben. ; Which was no small trouble to us . We had not travelled above Five Miles before our Guide caused us to stop ; and at some small distance was an Indian-Town , which I suppose our Guide belonged to ; For Indians came thence with Fire and Water for Him , and with Palmetoe-Leaves they made a blast of Fire : Here We stayed nigh two hours : The Fly●s were very thick , and the Night very Cold , so that our naked bodies were not able to endure it but with grief . At length we left this place ; the whole night following were troubled with these two young Indians , who at times would be abuseing one or other of us , singleing them out and asking If they were not Nickaleer , or English ? If they said , nay , then they would hitt them a Blow or more with a Truncheon , which they had ; and said , They were . We traveled all Night without stopping from the aforesaid place . 8 Month 2. the 6 of the Week . After Sun-rising We came up with the Wrack of the Ve●sell that We heard that was cast away . She was Staved all to pieces , for her Keeleson was driven a shoar . We saw Sugar-Hogs heads , Ginger and Logwood ; which gave us to suppose tha it was one of our Fleet , and we thought it to be either Burroughs or Smith , belonging to Bristoll . A Mile or more from hence We came to an Inlett ; our Guide told us , We must Swimm over , except my Wife and Robert Barrow ; but We signifyed that We could not : He carried Robert Barrow , Ioseph Kirle , Me , my Wife and Child over first ; and at length the hole Company , for it was a great way over : By that time We were all gott over , the days was hott , and my Wife quite tyred faint as also Robert Barrow and Io●eph Kirle , whose Legg was grown so painfull that it overcame him . We go● ●nder a Grape-Bush for shelter from the Sun , I sent one of my Negroes to seek for Water for them ; but ther● was none to be had ; but he gott some Seaside-Grapes , which with resting refresht the Weak and Lame . Our Guide was for ●orceing us forward ; so We travelled about four or five Miles further , and mett with the Casseekey of this Town and Commander of the Northern part of this Coast . He was an Antient Man ; his Beard and Hair Gray : He inquired for the Captain , so our People pointed to Io●eph Kirle whom He went to and embraced him ; then he asked for our Mate or Pilot. This Man could speak Spanish better than any we had mett with yet ; but not so well as to discourse , only to ask some Questions , and We had three or four amongst us could make a shift to answer Him , for Solomon was kept behind . This old Casseekey seemed to have Compassion on us , and said , That those People ho had served us thus in Stripping of us were Rogues . But we were His Comerradoes , or Friends , withall He said , In Few days , He would carry us to Augusteen ; and thereupon He told us of Six English-Men , and One Women , being at His Town : We inquired if He intended them for Augusteen ? But He would shake his head and point to the Southward , saying , Nickaleer , no Comerradoe ( English-Men were not his Friends ) Which words were unpleasant to us . This People kept us Company till We came within a Mile or two of their Town , and then they left Us , they going faster gott in before us . Their Town stood about half a mile from the Sea-shoar whitin the Land on the Sound , being surrounded with a Swamp , in which grew White Mangrove-Trees , which ●id the Town from the Sea. We were directed to the Casseekey's house , which were large , and filled with 〈◊〉 , and then ordered to sitt down . The Old Casseekey fetched some Water , and washed Rober● Barrow●s Feet , and my Wife 's ; After which He got● some Canvass and Crocus , Ginger-baggs , which they had gott out of the Vessell that was cast on Shoar ; which was distrubuted amongs us . Ioseph Kirle had a Coat given him , which they had taken from the People of the other Vessel ; but it was rent down the Back . My Wife had two pieces of Sail-Canvass given her ; and I with others had each a Crocus Ginger , Bagg . They gave a piece of a Barber 's old Linuen st●●r in biggness of a small hand-kerchif to cover our Child . This was all our Clothing : Robert Bnrrow and my Wife were quite spent with travelling bare-foot on the hott Sand , having bruised their feet , and with stumps Stones and prickles , their Feet , especially Robert-Barrow's had holes in them , that one might have putt the topp of ones Thumb in . We were directed to lye down on a Cabin . The other Vessel'● Company were one Iohn Smith Master of the Nantwitch , a Barque belonging to Bristoll , which came out of ●um●ica with us , with five Men and one Woman , viz. Andrew Murray Merchant , Andrew Barnes Mate , Hugh Allen , Iohn Osler , Iohn Shears and Cornelius Toker ; Two ●oys with a Woman Passenger named Pene●ope . We took an opportunity to discourse them . They were cast away the same Night We were , and their Vessell being forced by the Storm ( they not being able for two days before to carry any Sail ) on shoar , they gott into their Boat and so on shoar : And in a small time was a great part of their Wrack driven on shoar ; amongst which , was a Barrel or more of Water , some Barrels of Beefe or Pork , with their Chests ? and many other things which they gott . On th● Morrow they designed to travell to the North-ward ; But Andrew Barnes their Mate having been a long time afflicted with a Flux which had wasted his Body to Skin and Bone , so that he was not able to help himself , they left Him and travelled a Mile or more and came to the In●e●t which they could not pass : Whereupon they returned back again to take their Boat ; but at their return , before they could gett away with their Boat , they espyed the Indians comeing on them , who soon gott to them ; asked in Spanish what Nation they were ? If Spanjards , English , or French. But the Indians made Signs to give them their Clothing ; which they readily did . But still they inquired Of what Nation ? At first they answered , Spanjards ; but the Natives looked to furiously that they soon Answered them , English-Men . Thereupon every one had it , Nickaleer , Nickaleer . And then they very eagerly Stript them of all that they had on them : After which they drove them away to the North-ward unto their Town ; but Andriew Barnes being not able to stand nor goe , was left behind , after they had stript him , on the Land naked when they were driven away . Before they gott to the Town , the Indian Casseekey gave them some Clothing , and no violence vvas offered to their persons . They had plenty of Fish and Berrles to the time of our comeing . John Smith and Andrew Morray had their being in the C●sseekey's House , and the Woman named Penelope : The rest of Smith●s people lodged in other Indian-Houses . But on our comeing , the Old Casseekey told them , they must turn out , and make room for the Spanjards : But Smith and Morrey would not g●● ; and the Indian did not force them out . In some●ime aft●r We had been in the house , came in Indian-Women loaden with Basketts of Berries , mostly of the Palm , some Sea-side Co●●o-Plumbs and Sea-side Grapes : Of the two latter We could eat ; but of the Palm-Berries We could not bear the Tast in our Mouths . We laid our selves on the. Cabbin , on that part which vvas appointed us ; on the o●her part the young Casseeley or King lay being Parted by a Chest that stood thereon : before Night vvas a parcell of large Fish calleb Drumms brought in : The Old Casseekey told Ioseph Kirle , that those were for the Spanjards , and bidd him lett some body to dress them . He also ordered us a Pott . They were soon dressed , and We eat them . Night being come the Old Casseekey enquired after our losses ; which We , as vvel as We could , gave him to understand , that in our Vessel was a grear deal of Clothing and Money , which the Indians at Hoebay had taken from us . He understood so much of the matter that he grew covetous , and said , He would go and gett some of it from them . About Mid-Night came Solomon Cresson in a Cannooe with two Indians . The Old Casseekey began to examine him concerning our Vessell , Goods and Mony , or plate ; which Solomon rendred a further Account unto him of then We could : Which caused him to resolve , on the Morrovv to provide Men and Boats , and to goe dovvn the Sound to Hoebay , to have part from them ; He vvould have had Solomon to have gone vvith him , but Solomon refused . We inquired of Solomon concerning his stay , and of the Negroe Ben. and Joseph Kirle's Boy : He said that he was stayed by force ; but the Negroe and th● Boy were asleep in another house vvhen We vvere driven avvay . They had a design in staying of Solomon vvhich he could not rightly understand ; but supposed that they doubted that We were not all Spaniards ; for the Indians of St. a Lucea would say to Solomon that he was a Spaniard , and some others ; but the most of us were not Spaniards ; and that they had stolen Sclomon : But Solomon denyed it . The 8 Month 3. the 7 of the Week . This Morning the Old Casseekey with two Cannooes and Tenn Indians with him went hence for Hoebay . He promised us that as soon as he returned , He would carry us for Augusteen : which he supposed would be in six days , if he had good weather . But this Day the Wind was gott to the North-East , and it lookt as though the weather would be stormy . The Wind increased , and towards Evening the Water in the Sound did rise that it began to cover the Land , and came into the Houses ; but We had little or no Rain till Night : Then the Wind increased and Rain also . 8 Mt. 4. the 1. o● the Week . This Morning the Wind was violent with Rain ; the Kings House was Knee-deep with Water , and like to continue riseing . I removed with my Wife , Child , Robert Barrow and Benjamin Allen to an Indian House that stood on a hill of Oyster-shells : In this House We remained this day ; the Wind continuing at North-East very violent , and by reason of much Rain , the Water rising every hour , the Indians began to putt their dry Berries into their Cannooes , and to seek which way to secure them . Severall Indians betook themselves to their Boats and carried what they had to some high Land a considerable distance , where a place was made for their Casseekey or King. But before Day the house we were in was a float , and the Indians were for turning us out , bidding us take an old Cannooe that had a hole in the side of her almost at the bottom bigg enough for a man to put his hand through ; so that she was full of water : in this Cannooe they would have had us shifted for out selves ; but We were not willing to go : the Indians made signs for us to be gone divers times : At length they grew angry , and took my Kinsman Allen into the Cannooe , and carried him away : In a little time after returned with the Cannooe 〈◊〉 bid me and Robert Barrow be gone . By this time day appeared , the wind and Rain still violent . I then saw a house on another Oyster-hill that the water was not gott over yet ; to which I gott and asked by signs if I might be there ? The Indians seemed willing : so thither I gott my wife child and Robert Barrow , and remained there . All this day the wind was violent , it rained and the Flood continued . We imagined that the Sea was broke in upon the Land , and that We should be drowned . The houses was almost blown to pieces , and the Indians often a tying and mending it . The Chief man of this house caused his Wife to Suckle our Child ; for it was almost famished , its Mother having no Milk in her Breast ; for We had received no susstainance since the storm began : Fresh Water was not to be had , the Land being covered with the Sea. The Indians offered us some of their Berries , which We endeavoured to eat ; but could not ; the tast was so irksome and ready to take our breath from us , when we treyed to eat them ; but we expected that if the Flood continued longer , We should not need for Water . Yet nevertheless we enjoying health and strength , and hunger growing violent , we would be tasting the Berries , though we would reap no satisfaction . the 8 Mth. 6. the 7 of the Week . This Morning the Flood began to come into this house also ; the Indians seemed much concerned : the Storm of wind and rain held till about Mid-day ; at which time the wind shifted South-west , with the rain ; but in some few hours the Flood began to aba●e . the 8 mht. 7. the 4 of the Week . By this day Noon the Water fell many feet , and I vvent out to see our people whom I left in the Kings-House : I found them where I left them . All the Indians had left the house ; and our People remained on the Cabin , which was about four foot from the Floot . The Flood had ris●● within two or three Inches of the Topp of the Cabin , and they said , they expected to Dye there . We began to express our hunger and thirst each to other : but there was no help as yet for either ; We w●nt to the Springs , but they were all salt as the Sea , and we would be striving with the Berries ; but they were so Offensive unto us that we could reap no satisfaction from them . VVe went a begging at times to the Indian-women to Suckle out Child ; which they would seldom deny . the 8 mth . 8. th 5 of the week . This Day we got some water to drink ; but it was very brackish , and at best not very good . the 8 ●th . 9. th 6 of the week . This Day the Young Casseekey returned to his house with his Chest and other things . the 8 mth . 10. the 7 of the week . This day We gott a Meal of Fish the greatest plenty we had received since we were here . We longed for the Old Casseekey's return , and reared that 〈◊〉 bad weather would lengthen the time . the 8 mth . 11. the 1 of the week . This Morning early came a Messenger giving an Account that the Old Casseekey was within some few leagues of the Town ; and that we might expect him this Fore-noon ; within the time he came in sight a We all drew down to the Water-side to receive him ; We perceived He came in State , having his two C●nnooes lashed together with Poles a thwart from the one tot he other , making a Platt form , which being covered with a Matt , on it stood a Chest , which was belonging to us , and my Negroe-Eoy Cesar , which the Casseekey of Hoe-Bay took from me , whom he had gott from the Indians at Hoe-bay : Upon this Chest he ●●t cross-legged , being newly painted redd , His men with Poles setting the Cannooes along unto the shoar Seeing us , He cryed [ Wough ] and looked very ster●ly at us . He was received by his People with great homage , holding out his hands ( as their custom is ) to be kissed , having his Chest carried before Him unto his house , whither he went , the house being filled with Indians . The Old Casseekey began and held a Discourse for some hours , giving an account as We suppose , what he heard and saw ; in wich discourse he would often mention Nickaleer ; which caused us to fear that all things were not well . After he had told his story , and some of the Elder Indians had exprest their sentiments thereof . they drank Ca●seena and Smoaked untill Evening . The House being clean , the Old Casseekey looking very unpleasantly , shewed unto us severall things which he had gott ; as a Hatchet , a Knife , the Chest and many other things , asking us , if they were not ours ? Which we owned ; whereupon he would say , they were Nickaleer ( of English ) : We signifyed that We had them of the English , but our Money was Spanish . towards the Evening Joseph Kirle , My self and Solomon gott an Opportunity to discourse him ; We began to urge his promise of carrying us for Augusteen . At First he stated his hardships and labour to Hoe-Bay and back , and that he must have time to rest , before he could go out again ; then He told us , the way was long and would be tedious , and that at severall places we must draw the Cannooes over Land for a great distance ; He also mentioned how many Towns there were between this and Augusteen , in number Tenn ; But nigh the conclusion , he setting an angry countenance upon us , told us that at Hoe-Bay he was informed that We should say , We were all English-men ; after he said this , in an angry manner he turn'd from us and went away . This laid al our hopes in the Dust , and We soon perceived the Indians grew jealous of us ; for they would now daily be asking us , if We were not Nickaleer ? or English ? And would not seem satisfy'd with a denyall . Many days were spent , and the time drew nigh that we understood the Old Casseekey was intended for Augusteen ; hereupon we applyed our selves to him , requesting that if all might not go , he would carry some of us ; but he told us , he would carry but one . This putt us on Q●erying which of us should be that One. The generality was for Me : But I and Joseph Kirle were for Solomon , because he could speake the Spanish-Language well , and no other of us could ; And should any other of us have gone and come amongst those Indians to the North-ward , who we supposed could speake the Spanish-Language well , We should be discovered to be what these People did suppose we were ; therefore it might overtrow all our Expectations ; but Solomon might pass all those Objections . These reasons did not satisfy our People so that some of them grew Colerick : of which the Old Casseekey took notice , and told Solomon , that if they made such a stirt , He would not carry one . If He did , it should be either Solomon , Joseph Kirle , or Me : whereupon we prevailed with Him that Solomon might go , and accordingly made preparations , the Casseekey appointing the number of Indians to go with Him ; also a Cannooe was sent for , which when it came , We found it to have belonged to the English , by the maker of her . This Cannooe had a great hole in the head nigh the bottom with many very great rents and holes in her : Joseph Kirle and I were required to mend her which with much a do was accomplished , the Cannooe being much decay'd and rotten where the rents were . the 8 mth . 18. the 1 of the week . This day Morning the Old Casseekey with Solomon and Six Indians in a Cannooe sett out for Augusteen . The Casseekey carried a small Chest , in which was nigh One hundred Pieces-of-Eight , as some of our People did suppose , with some other matters that were gotten from our Vessel . The Weather was likely for Rain , which caused us to fear , should the Weather prove bad , that Solomon would hardly live to gett to Augusteen ; for he had nothing to cover him , exept a pare of Indian-Breeches and a small piece of Skin that covered his breast . We understood by the Old Casseekey that it would be a Month or next New-Moon before We could expect their Return : All which time We spent in much trouble and hardship . The Weather began to grow cold , and Provision very short , that is Palm-Berries , Coker-Plunishs and Sea-Grapes , ( which are the three sorts before Expressed ) the time of these Fruits-bearing being over , they having no sort of Fruit till next Spring . These People neither Sow nor plant any manner of thing watsoever , nor care for any thing but what the barren Sand produce , Fish they have as plenty as they please but sometimes they would make it scarse to us , so that a Meale in a Week was most commenly our portion , and three Meals a rarity . After the Old Casseeley's departure our hardships increased , especially my Wife's and Child's : For want of Food of any sort , my Wife's Milk was gone , and our poor Child was in great want ; the Indians now and then would give it suck , but rearly to satisfy it ; for there was a Woman or two of their own which had Young Children and no Breast to Suckle them . Our Extrenity was such that any manner of thing would go down with us ; the Gills and Gutts of Fish picked of a Dung-hill , was acceptable ; the Scraps the Indians threw away , and the Water the boyled their Fish in , We were thankfull for , though never so undecently handled by them . And though my Wise had hardly and Milk for our Child , yet an Indian-Women who was lately delivered of a Child , and had no Milk in her Breast , would have her to Suckle her Child : Which my Wife consented . ●nto : And this was a means of her and our Child's reaping a benefitt ; for the Indians would give her Fish , which means helped to increase Milk for our Child . Many were our exercises both in body and Minde amongst this People Sometimes they would look upon us as though they had some ill Intent towards the whole of us : At other times they would tell us ( who were nominally Spaniards ) how and in what manner those of Smith's Company should be putt to Death . And thus were We daily exercised in sorrow and grievous troubles . Somtimes doubts would arise amongst us concerning vvhat vvould be the end of us , and vvhat manner of deaths We should pass through . And vvhom soever these doubts did appear in , it vvould be hard for another to help vvith Counfell ; but some there vvere Whose hope never failed , they trusting in the Lord , to Work for our Deliveranc● . One thing did seem more grievous to Me , and my Wife than any other thing . Which was . That if it should so happen that We should be putt to Death . We feared that our Child would be kept alive , and bred up as one of those People ; When this thoughts did arise it wounded us deep . This day being the time of the Moon 's entring the First Quarter , the Indians have a Ceremonious Dance , which they beginn about Eight a Clock in the morning . In the First place comes an old Man and takes a Staff about Eight foot long , having a broad Arrow on the head thereof , and thence half vvay painted Redd and White like unto an Barbers-Pole ; in the middle of this Staff is Fixt a piece of wood shaped like unto Thigh . Legh and Foot of a man , and the lower part thereof is Painted Black , and this Staff being carried out of the Casseekey's house , is sett fast in the Ground standing upreight : This done , he also brings out a Baskett containing Six Rattles , Which are taken out of the Baskett and placed att the foot of his Staff ; Then another Old Man comes and setts up a Howling like unto a mighty Dogh , but beyoind him for length of Breath ; withall making a Proclamation : This being done , the most of them having painted themselves , some red , some black , some with black and red ; with their Belly girt up as tight as well they can girt themselves with Ropes , having their sheits of Arrows at their backs and their Bows in their hands , being gathered together about this Staff ; Six of the chiefest Men in esteem amongst them , especially one who is their Doctor , and much Esteemed , taking up the Rattles begins a hidious noise , standing round this Staff , taking their Rattles , and bowing , without cea●ing ; unto the Staff for about half an hour ; whilst these Six are thus imployed , all the rest are stareing and scratching , pointing upwards and downwards on this and the other side every way ; looking like men frighted , or more like Furies : on thus behaving themselves untill the Six have done shaking their Rat●●es . Then they all beginn a dance , violently stamping on the Ground for the space of an houre or more without ceasing . In which time they will sweat in a most excessive manner , that by the time the Dance is over , what by their Sweat and the violent stamping of their feet , the Ground is trodden into Furrows ; and by the Morning , the place where they danced was covered with Maggots : Thus often reapeating the manner they continue till about Three or Four a Clock in the Afternoon ; by which time many were Sick and ●ainty . And then being gathered into the Casseekey● House , they sitt down , having som hort Casseena ready , Which they drink plentifully ; and give greater quantities thereof to the Sick and Fainty than to others : Then they eat Berries . On these days they eat not any Food till Night . The next Day about the same time , they begin their Dance as the day before . Also the third Day they beginn their Dance a●t the usuall time : At Which time came many Indians from other Towns , and Fell to Danceing without taking any notice one of the other . This Day they were stricter than the other two days , for no Woman must look upon them ; but if any of their Women go out of their houses , they go vailed with a Ma●t . the 8 month 28. the 1 of the week . This Day was a day of plenty unto us , for We had as much Fish and Berries as would serve us two days . This Week . We observed that great Basketts of dryed Berries were brought in from divers Towns and delivered to the King or Young Casseekey , which We supposed to be a Tribute to the King of this Town , Who is Chief of all the Towns from St. a Lucea to the Northward of this Town of Jece . the 27. the 3 of the week . This Day was a Bagg of Berries ( the Bagg made of Grass ) given us , which We eat in two or three days ; and then We fasted as many days before the Young Casseekey would give us more . About this time John Smith and Andrew Morray were sharply Seized with a Fever and Ague : When the Fitt of the Ague was on them , the Indians would mock and deride them . This We well observed , that these People had no Compassion on their own Aged declining people when they were past their labour , nor on others of their own which lay under any declining condition : For the younger is served before the Elder , and the Elder people both Men and Women are Slaves to the Younger . In this Place We saw many Tokens of some of our Nations , having fall'n into the hands of these People ▪ As Two English Canno●es ▪ one of Cedar ▪ the other of Cotten-Tree , like those of ●amaica ▪ severall Blocks and Sheives of Lignum - 〈◊〉 ; se●●●● Tooles and Knives , and more Particularly ▪ a 〈◊〉 on the haf● of which was writt the man's nam●●●us ▪ THOMAS FOSTER . Some of these things looked as though they had been severall years amongst them , some but a few . But We never dared to enquire ; for We thought they brought some things in our view to try us . Here was a Man in this Town who , some years past , had been taken off by some of our English-Sloopes , for a Diver on the Wrack to the East-ward of Cuba , where he was sometime : But the Vessel putting in to Cuba , for Water , this Indian swam on shoar and go●● to the Havana , thence to St. Augusteen , and so to his native Town . The greatest Charge this Man had against the English , was , for taking him and their People away ; not but that he was well used amongst them . This Indian would often call Joseph Kirle , Solomon Cresson and some of us into his house , seeming very cheerefull , Asking if they would eat , withall asking the name of the B●rries , Expecting We would call them after the English manner [ Plumbs ] : but perceiving his drift , and having learned the name of them , as the Spaniard calls them [ V●aes ; then he would tell us that the English called them Plumbs ] : such sort of discourse we had at times , For he would be striving to trapp us , viz. Joseph , Solomon and Me , ●n words ; but he never had an advantage , for when Solomon was gone , We shun'd all his Invitations and Arguments . the 8 month 31. the 7 of the week . this day came in a Cannooe laden with Fish , and it was free , for those that would , to take as much as they pleased . The Indians put us to goe and take ; for it was a kind of a scramble amongst us and the young Indian men and Boys : All of us gott Fish enough to Serve us two or three days . the 9 month 2. the 2 of the week . This Morning about Sun-rising came two Strange Indians , who had run so hard that they Swea●ed extreamely , of whom We understood that the Spaniards ▪ were comeing with their Old Casse●key ; Which News surprised us , doubting the truth of it , for Solomon had been gone but Sixteen days , and We understood that they must have an extraordinary passage to be here in a Month : We had not long to Consider of the Matter , for in an hour's time We heard four Musketts discharged , and immediately We looked out , and the Spaniards in their Perre-Ango were in sight . the Indians were like a people amazed and overcome with fear : We perceived the Noise of a Gun was terrible unto them . the Spaniards Landed being in number twelve , One Sebastian Lop●z Commanding●Tenn Soldiers , with one Indian an Interpreter . The Spaniards imbraced us very cheerfully , and expressed their being glad to find us alive . But We were not able to discourse each other , though We had so much Spanish as to ask Questions , and answer some part of what they asked us . One of the Sp●niards said , they could not speak English , nor could We speak Spanish enough to understand each other sufficiently : This the Indians perceived and imediately cryed out , Nickaleer Nickaleer , and looked enviously . on us , so that , could they have had their wills , We believed they would not have suffered us to have liv●d many hours ; but the Spaniards Awed them . We received a Letter from Solomon which he wrist when he mett with Captain Sebastian Lopez , signifying the Gouvernment of Augusteen●s great care for our Preservation , of what Nation soever We were . But how these persons , or the Gouvernour of Augusteen had knowledge of us , We could not understand ; For they had been Fourteen days from Augusteen , which was ●igh the time Solomon went hence , and they mett Solomon about half way , and sent him for Augusteen with other Guides , bringing the Old Casseekey and his People with them . We observed that the Old Casseekey seem●d much dejected . We supposed The Spaniards had taken from him the Money and what other things he had carried with him ; Or that he was vex'd he should be so deceived in taki●g us for Spaniards . The Spaniards were extraordinary kind unto us , so that We had Occasion to rejoyce , and thank the LORD for this part of our Deliverance by this means . They were also a Terror unto the Indians ; for they Searched their houses and took all from them that ever they could Finde , even to the stubb of a Nail : which aggravated them , and increased their Dis-affection to U●●ward ; So that we dared not to stirr from a Spaniard . The Spanish Captain made inquiry where We were cast away , and what was 〈◊〉 that we had in our Vessel ? We gave an account so well as we could to make him onderstand us : which Account made him very desirous to go down thither ; but looking over a paper often , which we supposed , was the Gouvernor's Order and Instructions to him , we understood they would not permitt him to prosecute that Design : beside we made him sensible of the danger we should be in , if he and his men should go and leaeve us amongst these people who were so bitterly in censed agaist us . They inquired what became of the Boat that belonged to Smith's-Vessel and ours , We told them that these Indians had taken Smith's Boat and sunk her some where in the Sound ; but ours was at St. a Lucea . The Spaniards made the Indians go and shew where they had Sunk Smith●s Boat and help our people to get her up : Which being done , shee was brought to the Town : the Spaniards were mightily pleased with her , and proposed that they in their Cannooe , and our People in that Boat should go to Hoe-Bay , whereby they might gett all from the Indians which they had gotten from us : But We would not countenance the matter ; We were for a speedy departing from amongst these people as we could , since it had pleased GOD to open a way for our deliverance . This Morning the Spanish Captain made the Indians Provide two Cannooes , which he caused to be lashed together at some distance with Sticks a Cross , and matted on the Topp : Which being done , with four Indians , Joseph Kirle , John Smith , Robert Barrow , Andrew Morray , Benjamin Allen , Nathaniell Randall , John Shears , Corn●lius Toker , Joseph Kirle's Boy John Hilliar ; Four Negroes . viz. Jack ; Cesar , Sarah , and Q●enza were sent away for Augusteen : But not ou● Morsell of Vi●nalls , except a very few Berries , had they with them ; and not one Spaniard to guard them , but were put under the Goverment of those four Indians . About an hour after Joseph Kirle was gone , the Spanish Captain ordered Smith's boat to be made ready with two Spaniards , and Four of our Men to Row to the place where the drift of Smith●s Vessel was to look for Log-wood or Old Iron : When they returned , there was not any thing of value . But our People said that as they were searching about , they found the Bones of Andrew Barnes : His● S●ull and Jaw-Bone were broken ; which occasioned us , to suspect that he was Knockt on the head by the Indians , after they had driven away Smith and his people . We told the Spanish Captain that Joseph Kirles Negroe B●n . had been absent ever since the day after Solomon Gresson went hence , being gone with the Old Casseekey's Wife , but we knew not whither . The Captain made inquiry of the Indians whither he was gone . They said , For Hoe-Bay ; then he ordered them to send for him , for he would not leave him behind . The Indians said , he would be here within a day or two . The Spaniards were continually Searching for what they could find of such things as the Indians had gotten from us or others : and when they could find no more , they would offer to buy with Tobacco what they could Perswade the Indians to bring to Light. A Leaf or half a leaf of Tobacco would purchase a Yard of Linnen or woollen , or Silk from the Indians . Such Admirers of Tobacco are they , that they esteem it beyond any other thing . An Indian of the Town some time before the Spaniards came , having a considerable quantity of Amber-greece , boasted that when he went for Augusteen with that , he could purchase of the Spaniards a Looking-Glass , an Ax , a Knife or two , and three or four Mannocoes ( which is about five or six pounds ) of Tobaccoe . The Quantity of Amber greece might be about Five pound Weight . the 9 month the 4. the 4 of the week . This Day We made Oars for Smith's Boat of Sticks and the Cantle-pieces of Sugar-Hogsheads which were gotten on the beach where the Drift of Smith's Vessell came on Shoar . And this Evening came the Old Casseekey's Wife with Joseph Kirle●s Negroe Ben. and Joseph Kirls's Boat ; which was of great advantage to help to carry us . We worked all this night to fitt the Boat and Oars unto her , being intended to go away as soon as We could compleat that Jobb . The Spaniards had brought little Provision with them so that there was not much to spare for us ; having not above a Rove of Corn , and a little Nova-Spain-Bread , which was so bad that it was more Dust and dead Weavels than Bread : An handfull of it was an acceptable Present to us . We would mix it with a little Water ▪ making it to a Paes●t , which would eat pleasantly ; But Hunger was no Sranger unto us ; and We knew not that We should have any Victualls on our Journey : But our Deliverance seemed to over ballance all . The Indians would not give us any Berries : But our people watcht an Opportunity and took one of the Casseekey's Baggs of Berries , which might contain about a Bushell ; Which was all that One-and-thirty of us had to depend on . the 9 month 5. the 5 of the week . This Morning about three hours before Day We departed from this Town of Jece ; the Weather was grown cold ; We had nothing where with to cover our bodies , besides what the Indians gave us at first , except my Wife , for Whom the Spaniards gott an old Jacke●t ( which had been one of Smith's men's ) , and gave her to wear ; also a small Piece of cloath to cover our poor Child : but it pleased GOD to strengthen us in this our Condition , so that we rowed all this day without ceasing untill three hours after it was dark , by which time We gott to an Indian-Town : Here We mett with Joseph Kirle , Robert Barrow and the others , who gott thither not above an hour or two before us . They had not received any manner of Sustenance from the time they left us , untill they gott some Berries of us , having lain one Night of the two in a Swamp : but they were as Cheerfull as men could be in this Straight . Since they left us , amongst their other hardshi●s , Joseph Kirle had like to have lost his Life severall tim● . The First was thus . Whilst the two Cannooes were lasht together , having a few Berries that were designed to have been shared amongst them ; The Irish boy Cornelius Toker would ever and anon be taking some of them , who being often reproved by Joseph Kirle and others ; would not desist ; Whereupon Joseph Kirle with the Paddle he paddled the Cannooe along with struck him ; thereupon an Indian took his how and Arrow and was going to shoote Joseph , who seemed little concerned whether he liv●d or dy●d , withall saying , the Spaniards would Justify him . Another time when he was spent with paddling the Cannooe , and desired John Smith , Anrew M●rray , and others of them as well able as himself to give him a Spell , which they refused , and he being not able to paddle further , laid down his Paddle ; Whereupon the Indians commanding him to paddle , he refused , saying , they might kill him it they would , opening his breast for them to execute their wills ; Which they seemed as though they would have done : But after great threatning they desisted . Another time the Wind being high and the Seas rough that they were forced to unlash their Cannooes , by Joseph Kirle's perswasion , and to go single ; Joseph Kirle taking one Cannooe to his own management , having Robbert Barrow , his Boy , my Kinsman , Nathaniell Randall , and the Negroes in her ; which being thus single from the other Company was more satisfactory to him than before , though none to help but Nathaniell Randall . My Negroe-Woman named Sarah , having beaten and abused a Girle named Quenza , being reproved often by him and Robert Barrow , She therefore abused them in an extraordinary manner ; whereupon . Jose●h struck her with his Paddle ; at which One of the Indians in the other Cannooe took his Striking Staff and darted at him , narrowly missing him . This Morning Joseph Kirle with those that were with him were by the Spanish Captain ordered away at break of day ; he not taking any care to give them a little Sustenance ; and about an hour or two after We followed , rowing all this Day without ceasing untill an hour or two in the Night : By which time We gott to an Indian-Town , where not any thing was to be had but Water . About two hours after us came Joseph Kirle . The Spanish Captain would not let them come on shoar ; but ordered them to ●eep on , that We might gett next Night to the place where we must hale our boats over Land , from one Sound into another . the 9 month 7. the 7 of the week . This Morning We sett Forward very early and rowed ha●d : About Noon We gott to a parcell of Marsh●y Islands , amongst which we were to go up Creeks . The Pa●sage was very difficult to find . At lenght when We were gott nigh an Indian-Town , the Spaniards hollowed and an Indian came out into the Marsh , but was very loath to come near us at length he came wedding to us to be our Pilott : We sett forward , and in an hour's time or mor● were gott to the place where Joseph Kirle and those with him were ; the Indians that were with Joseph would not let them proceed further untill we came up with them : In half an hours time we gott to the place where we were to hale our Boats over Land being about a quarter of a Mile from Sound to Sound : at this place the sea was half a furlong from as The Spanish Captain gave the Indian w● last took in a piece of a Leaf of Tobacco commanding him to go with all speed and bid his Casseekey with all his able Men come to help to hale our Boats over land . But we sett to work , and had them over by that time the Indians came . The Spanish Captain gave the Casseekey a Leafe or two of Tobacco for him and discharged them , only ordered the Casseekey to send some men a Fishing for him ; which they did and within Night brought a stately parcell of 〈◊〉 ; but none of our people had any part of it except my Wife , and Penelope : What they did not eat they kept to carry with them . A ●●le before Night sprang up a Storm of Wind at North-East : It seemed likely to be a dismall Night of wind and Rain , and we were gott to a place where there was not a Tree , or Bush , or any manner of shelter , and the Wind so very cold that we thought we should not live till the next day : We had no Wood to make a fire with , and what to do we could not tell , but we were resolved to try to gett some , and in order thereto , some of the ablest of us w●nt along the Bay to search for drift wood , and found a little , but Rain came with the night and no Shelter to be had but our Boats ; and the Spaniard would not let us meddle with them to turn the bottom opwards for Shelter : which seemed very liard , but they had ma 〈◊〉 themselves some Sh●●●r with Matts We were forced to exercise patience , and with what salt-water wood we had , made as good a fire as we could , and laid ourselves down on the sand by it : and it pleased GOD we had a comfortable night beyond our Expectation : only the Cold was very sharp . the 9 month 8. the 1 of the Week . This Moring we sett forward ; but the Water was so low that we were forced to wade and thrust the boat ●●ng for some Miles : at lenght we gott into a deep Channell , where was nothing to beseen but Marsh and Water , and no fast land , nor Trees . About Ten a Clok we heard three or four Musketts fired a little a head of us in the Channell we were in . Our Spaniards presently answered them with the like , and in a little time we mett . This was a Perre-Augoe to Jovn wi●● that came for us , having Order to go to the place where we were Cast away , and to gett what was to be had from the Indians : but this other Boat turnd back , for there was no place to go on shoar ; and in an hour or two's time we gott in to the other Sound where the Land was not to be seen from side to side in some places . The li● was in the other we came through . About an hour before Sun-sett we gott to an Indian Plantation ( this was the first place we saw any thing planted ) being full of Pumpion Vines and some small Pumpions on them but the Spaniards were too quick for us and gott all before us : some of us gott a few a bigg as one's Fist : We had a fire there , yet had not patience to dress them as they should be , but putt them into the fire , roasted them and eat them . The Spaniards used a great deal of Cookery with their Pumpions , and the Perre-Augoe that came last from Augusteen had brought Bread , Corn and strung Beefe ; but it was kept from us , Except a piece of strung beefe : the Captain of the Spaniards gave my Wife as bigg as a Stick of Sealing-Wax ; which we treasured up , expecting it must be harder with us when we left these people . Here Captain Sebastian Lopaz drew up a Writing , and would have had me and Joseph Kirle to Sing it ; which we refused : For we perceived he had a design especially against me , to oblige me to give him some of my Negroes : We answered him short ; That I reckoned my self and Negroes at the Governour of Augusteen's disposall ; And we would Sing no Writing We Borrowed a Pott and boyled Pumpion Leaves , having nothing to putt to them but Water , which was satisfactory ; But this night was more terrible than the last ▪ the Wind being at North-West ; it did not blow hard , yet it was very cold , we lyeing in an open field without any shelter ; One side of us would scorch while the other was freezing . Our Negroe Woman Hagar's little boy named Cajoe was seized with Convulsion Fitts about Two in the Morning which was chiefly occasioned by the Cold and want of food : but help there was not from us . The S●anish Ca●● came to see the Child , and supposing that it would dye , asked If the Child was a Christian ? He was answered , As good a one ashe could make it ; but he called for some Water , putting some of it on he Crown of the Child's head , and Crossing it , Called , him Francisco . This Action pa●isyed its Father and Mother . the 9 month 9. the 2 of the week . This Morning we were to go forward and the Spaniards were to return to the place where we were cast away : but our two Boats would not carry us all ; therefore we had the Spaniards great Perre-Augoe to carry us one day's Journey further to an Indian Town , and ●our Spaiards with us , three of which were to bring the Perre-Augoe back , the other was to be our Guide for Augusteen . We departed and mett with in tricare passage ; for sometimes we should be a ground on Oyster banks , or Shoals , and al most out of sight of Land , About two or three in the Afternoon we had not water to go any further : The Wind being North-Westerly drove the Water out of the Sound : but being nigh the Shoar where had been an Indian Town : We went on Shoar and found some ripe Berries on the Palm-shrubbs , which we were very earnest after till such time as a storm of wind with rain began to come upon us and Night nigh at hand ; whereupon we all gott together , considering what we should do , since there was no possibility of getting Shelter here . Our Indian Guide said , we might gett to a Town about two leagues off ; which we were glad to hear , for it rained hard so we with our Guide sett forward and walked over a parcell of scraggy shrubby hills to the Sea-shoar , along which we travelled till we gott to the Indian Town , where we gott plenty of Berries for our Supper . It rained much till towards Morning . The 9 month . 10. This Morning the Indians were not willing to stay any longer ; and we were by our Guide required to depart ; which we did , and a great many young Indian Men followed us some Miles along the Bay , and Offered violence to Robert Barrow and severall others ; but were easily stopt by shewing them a rusty Muskett presented towards them , and so they left us . We had an untomard passage from the sea shoar athwart the Land to the Indian Town , the ground being swampey ▪ and scraggey hills , which 〈◊〉 our bare fect was very troublesom . This was a large Town , and there was another large Town about a Mile distant in sight , thither part of our Company was sent to be Quartered : at which Town about a Twelve month since a parcell of Dutch Men were killed who having been cast away on the Bohemia s●●als in a flatt which they built escaped hither , and were here devoured by these Cannaballs , as we under stood by the Spaniards : The ●att or our boat people saw : but they seemed kind to them , giving them Fish and Berries to eat : We rema●ed at these two Towns till next Morning The Indians of the Town I was at , were no so kind as those at the other Town had been : some of our people were for selling their ●ags to the Indians for Fish ; but We thought t' was most necessary , of the two Extreams , to defend against the Cold : For every day grew colder than oth●r ; and We feared that if We were much longer exp●led to it , We should not live it out . the 9 month 11. the 4 of the week . This Morning leaving this Town , We Embarqued in our two Boats , And those of our People that were at the other Town were to have a large Cannooe to carry them thence , and were to meet us in the Sound : We rowed severall leagues and did not meet them ; it being then about Tenn a Clock ; the Spaniard would go on Shoar and travell back by Land-to see after them . We being by an Inlett of the Sea which was a Mile over , the Spaniard ordered us to go on the other side , and there stay for him ; Which We did many hours . At this Place We all went upon the search to see if any thing was to be had for the Belly , some on the land , some in the Water : The Land yielded nothing ; but in the Water We gott a sort of Shell-fish call●d Water-Soldiers , Which We eat : att length the Cannooe with our People came , but our Spaniard was not come ; but in about half an hour's time he came with a small Cannooe . This was the place where Solomon 〈◊〉 the Spaniards . The Cannoo's had each two Indians to 〈◊〉 them along : And We had one Indian for our Guide named Wan-Antonia who the Spaniard said was a Christian , but an Inhabitant of that Town wheretthe D●ch-Men were kill'd . We sett forward in our two Boats , and the two Cannooes , and rowed till night , being nigh a place of thickety Wood , which We made choice of to lodge at for this night : Here was Wood enough : We madle large Fires , Were pleased with the place , and lay down to rest . About Mid-night I had a great loss ; having about a Quart of Berries whole , and as much pounded to mix with water to feed our Child with , the Fire being disturbed , the Cloth which We had our food in was burnt : All was lost and nothing to be had untill we could gett to the Spaniards , Which was two days March at least . About an hour after this the Wind rose att North-West . and it began to rain ; But having small Palmeto which grew nigh , Joseph Kirle and I sett to work and made a shelter which would keep Tenn or more of us from the Weather : We had no sooner compleated our work , but it rained hard . In this shower of rain the Four Indians gott from amongst us , took their Cannooes , and away they went back again : When day appeared , We missed them , upon which We went to the water-side , where We found the two Cannooes gone . And now We were in a great strait . But the Spaniard said , those that could travell best must go by Land. The Persons pitcht upon were Richard Limpeney , Andrew Murray , Cornelius Toker , Ioseph Kirles Boy , John Hilliard , and Penelope with , Seven Negroes named Peter , Jack , Cesar , Sarah , Bell , Susanna and Quenza . The Spaniards and the Indian-Wan-Antonia went with them to direct them , the Way carrying them over land to the Sea shoar , and then directing to keep the Sea-shoar along to the North-ward . They returned to us , and We with our two Boats rowed all day without ceasing till Sunsetting : And when we putt on sho●ar , the place we an old Indian-Field on a high bleak hill , where had been a large Indian house , but it was tumbled down . Of the runis of this house We made a shelter against the North-West Wind , which began to blow very bleak . The Spaniard went to the Sea , which was not two miles off , to see if our People had passed , and at his return he said , They were gone by . We asked if they could reach to any house or Indian-Town for shelter ? For We supposed , should they be without Fire this night , they could not live . He said , They must travell all Night . Night came on : We had Fire and Wood enough , and had gathered a great heap of ●rass to lie in , hoping to have gott some rest : But the North-West increased , and the Cold was so violent , that we were in a lamentable condition , not able to rest , for as We lay or stood so close to the Fire that it would scorch us , that side from it was ready to Freeze : We had no other way , but to stand and keep turning for the most part of the night . We all thought that we never felt the like . The Spaniard that was clothed was as bad to bear it as we that were naked . att length day appeared and we must goe . the 9 month 13. the 6 of the week . This Morning we were loth to part with our fires , but to stay here it could not be : So we went to our Boats ; wading in the water was ready to benumm us . But we putt forward , and rowing about 2 Leagues came to an old house , where the Spaniard told us we must leave the Boats and travell by Land ; We had a Boggy Marsh to wade through for a mile to gett to the Sea-Shoar , and had about five or six leagues along the Bay or Strand to the Spanish Sentinall's house : The North-West-wind was violent , and the cold such that the strongest of us thought We should not out-live that day : having gott through the boggy Marsh and on the Sea-Shoar , our People , Black and White , made all speed , one not staying for another that could not travel so fast ; None but I with my Wife and Child , Robert Barrow , my kinsman Benjamin Allen and my Negroe London , whom I kept to help carry my Child , keeping together ; The rest of our Company had left us , expectting not to see some of us again ; especially Robert Barrow , my VVife and Child . VVe travelled after as vvel as vve could having gone about tvvo Mil●s the Cold so seized on my Kinsman Benjamin Allen that he began to be stiff in his Limbs , and staggered and fell , grievously complaining that the cold vvould kill him : Our Negroe having our young Child I and my VVife took our Kinsman under each Arm and helped him along ; but art length his Limbs vvere quite stiff , his speech almost gone , and he began to Foom at Mouth . In this strait VVe knevv not vvhat to doe ; to stay vvith him vve must perish also , and VVe vvere vvilling to strive as long as VVe could . VVe carried our Kinsman and laid him under the Bank , not being dead . I resolved to ruim after our People , some of them not being out of sight ; vvhich I did and lett my VVi●e and Child vvith the Negroe to follovv as fast as they could . I runn about tvvo miles , making signs to them , thinking if they should look behind them and see me running , they vvould stopp till I gott up vvith them . I vvas in hopes that if I could have accomplished this my design , to have gott help to have carried my Kinsman along ; But they stop not , and I runn untill the Wind pierced me so that my Limbs failed and I fell ; yet still I strove , and getting up vvalked backvvards to meet my VVife . As I was goying I mett with the Spaniard comeing out of the Sand-hills and Joseph Kirle● Negroe Ben. I made my Complaint to the Spaniard , but he not being able to understand me well , went forward . I than apply'd my self to the Negroe , making large promises if he would fetch my Kinsman ; he offered to go back and use his endeavour , VVhich he did . At lenght my VVife and Child came up with me ; She vvas almost overcome VVith grief expressing in VVhat manner VVe VVere forced to part VVith our Kinsman , and expecting that she and the Child should goe next . Poor Robert Barrow was a great way behind us : I feared We sould never see him again I used my endeavour to comfort and cheere my Wife , intreating her , not to let grief overcome her ; I had hopes that the Lord would help us in this strait , as He hath done in many since We were in this Land : And if it pleased God that We might lay down our lives in this Wilderniss , that We might beseech Him to enable us to do it willingly . Thus striving in a deep Exercise of Body and Mind We travelled on , admiring Gods goodness in preserving us thus farr through so many eminent Dangers . In the sence of which a secret hope would arise , ( though invol●ed with human doubts and fear ) thar the Lord would yet preserve ●s . I took my Child from the Negroe and carried him . I had an Indian-Matt with a splitt in it , through which I putt my head , hanging over my Breast unto my Wast : Under this I carried my Child , which helpe't to break the wind off it ; but the poor Babe was black with cold from head to foot , and its flesh as cold as a stone ; yet it was not forward . It 's Mother would take it now and then and give it the Breast , but little could it gett att it ; besides We dared not stopp in the least , for if we did , We should perceive our Limbs to fail . About two a Clock in the Afternoon we came up with our Negroe-Woman Hagar with her Child att her back almost dead : and a little further we came up with out Negroe-Girle Quenza , being Dead , as we thought , for she was as stiff as a dead body could be , and her Eyes sett ; butt at lenght we perceived her breath : but she had no sence , nor motion . We carried her from the Waterside under the Bank. This increased my Wife , ssorrow ; and she began to doubt she should not be able to travell much further : But I endeavoured to incourage her not to leave striving as long as any ability was left . All our People were out of sight exept Four , and those We had gained upon . I sent my Negroe to overtake them , and to disire them to slacken their pace till we gott up with them ; being in hopes that gaining their Company would to cheere up my Wife : But they would not ; so the Negroe stopt for us . We had lost sight of Robert Barrow by this time : Soon after we overtook John Smith who was one of the Four : he began to ●ail , and his Companions left him ; whereupon he made grievous Complaints which I reproved him for , left he should discourage my wife . The Sun was nigh Setting ; and we began to look out for the sentinalls Post ; and my Negroe at times gott upon severall of the highest Sand-hills to look out , but could not see any house , nor the smoak of Fire : This was terrible to us all , for the day being so cold , the night much more , and we not able to travell without rest , being a starved People both within our bodies and without , and if we ceased from travelling , we should instantly be nummed and move no further . In the midst of these Reasonings and doubtings We were gott into . I espyed a man as I thought , standing on the Bank but at great distance ; I was afraid to speak lest it should prove otherwise , but he was soon seen by the whole Company , and at lenght We espyd him walking towards the Land ; this confirmed us , and so we took to the hills again to look out , yet could not see the house from thence , but on the next hill We saw it : this was joy unto us , though we began to have a sence of our tiredness , for our Resolution abated after we had got sight of the house . When we gott to the house , we found Four Sentinalls and the Spaniards our Guide with the three of our Men ; viz Ioseph Bucklay , Nathaniell Randall , and John Shires . The Spaniard bid us Welcome , and made room for us to sitt down by the fire . The chiefest man of the Sentinall took a Kersey-Coat and gave my Wife to cover her , and gave each of us a piece of bread made of Indian-Corn , which was pleasant unto us : after it we had plenty of hott Casseena drink : It was dark and we endeavoured to prevail with the Spaniards to go seek for Robert Barrow and my Kinsman , Offering them considerable , but they seemed not fully to understand me , yet I could make them sensible that my Kinsman was almost dead , if not quite ; and that the Old-man was in a bad condition . They made me to understand that the weather was not fitt to go out , but they would watch if Robert should pass by . About an hour or two after one of the Spaniards being walking out of the Bay mett with Robert and brought him into the house . We rejoyced to see him , and inquired concerning our Kinsman and Negroe Ben. He said our Kinsman was striving to gett upp and could not : he came to him and spake unto him ; he could not answer but Cryed , and he could not help him ; but comeing along at some considerable distance mett Negroe Ben. ; who said he was going for Benjamin Allen , so he past him ; and some miles further he saw Negroe Jack drawing himself down from the Bank , his lower parts being dead , and crying out for some fire that he might save his life ; but he did not see the Negroe Girle whom we halled out of the way . We were under a great concern for our Kinsman ; the Spaniards we could not prevail upon to goe and ●etch him , or go and carry where with to make a fire : Which had they done and found them living , it might have preserved them● But we hoped Negroe Ben. would bring our Kinsman . The Spaniards would have had most of us to have gone to the next Sen●inall's house ; Which was a League further ; but we all begged hard of them to let us lye in their house in any place on the ground , for We were not able to travel further : besides the cold would kill us ; for We were in such a trembling shaking condition , and so full of pain from head to foot , that it●s not to be expressed . At length the Spaniards consented that Robert Barrow , I , my Wife and Child● and John Smith should lye in the house ; but to Joseph Buckley ▪ Nathaniell Randall , John Sheirs , and my N●groe London . They would not grant that favour : So one of the Spaniards taking a fire-brand bid those Four goe with him . He directed them to a small Thickett of Trees and shewed them to gather Wood and make large Fires and Sleep there . These poor creatures lay out , and it proved a hard Frosty Night . The Spaniard returned and said they were gott into a Wood , and had Fire enough . We were silent , but feared they would hardly live till Morning . After they were gone , the Spaniards took a pint of Indian-Corn and parched it and gave part to us , which we accepted cheerfully ; also they gave us some Casseena-drink . We were in extraordinary pain , so that we could not rest ; and our Feet were extreamly bruis●● the Skin was off and the Sand caked with the blood that We could hardly sett our feet to the ground after we had been sometime in the house . The night was extreem cold though We were in the house ; and by the Fire we could not be warm , for one side did scorch whilst the other was ready to freeze : and thus We passed the night . the 9 month 14. the 7 of the week . This Morning We looked out , and there was a very hard Frost on the Ground , so it was terible to goe out of Doores . Our People returned from the Wood , but complained heavely of their hardship in the Night . They had not been an hour in the house before the Spaniards gave us all a Charge to be g●ne to the next Sentinall●s house : This was grievous to us all , but more especially to my Wife , who could not raise her self when down ; but goe We must , for though we intreated hard for my Wife and Robert Barrow , We could not prevail that they might stay still We could gett A Cannooe . As We were all goeing one Spaniard made a Sign for me and my Wife to stay , which ▪ We did ; and it was to have a handfull of parcht Corn : As soon as We had received it they bid us be gone to the next Sentinall's , where was Victualls enough for us . The Sunn was a great height , but We could not feel any Warmth it gave , the North-Wester beginning to blow as hard as it did the Day before . And having deep Sand to travell through , which made our Travelling this one League very hard , especially to my Wife and Robert. The Spaniards sent my Wife a Blankett to be Left att the next Sentinall●s house . At lenght We came to an Inlett of the Sea ; on the other side was the Look-out and Sentinall●s house ; here were all our People ●●●ing waiting to be carri●d over and in a little time came one of the Sentinalls , with a Cannooe and carried us over . This Sentinall would not suffer us to come into his house , but caused us to kindle a fire under the Leigh of his house and there fitt down : About half an hour after he bid us be gone to the next Sentinall's , which was a League further , giving us a Cup of Casseena and two Quarts of Indian-Corn for us all , bidding us goe to our Company at next house and our Corn dressed there . I understood that our Negroe-Woman Hagar gott hither late last Night having her Child dead at her back , which the Spaniards buried . One of the Spaniards went with us to the next Inlett carrying a Stick of Fire to sett Fire of some Trash to make a signall for them on the otheiside to fetch us over the Inlett being very wide . When the Cannooe came over for us , our Guide took the Blankett from my Wife ; but the Negroe which brought over the Cannooe lent my Wife one of his Coats , so we gott over , but before We gott to the house we had a showr of hail . At this house We were kindly received , having such a Mess of Victualls as we had not had in a long time before , which was very pleasant to our hunger-starv'd Stomachs . Our People went hence ; this Morning for Augusteen , having a Guide with them : but John Hos●er and Penelope were left here , not being able to travell . We remained here till the Morrow , but the Night was so extreem cold that we could not rest . the 9 month 15. the 1 of the week . This Morning the Spaniards bid us prepare to travell for they were not able to mantain us . We understood that it was five or six Leagues to Augusteen , and We could not travell so Farr , being all of us lamed and stiff : We intreated them to let us goe in a Cannooe , but they deneyed us : We intreated for the two Women and Robert barrow ; At lenght we prevailed that they should goe up in a Cannooe , for the Cannooe was to goe whether we went or not . While all this discourse was , came in a couple of Spaniards , one being the Sentinall that went with our people the day before , the other was a Person the Governour had sent with a Cannooe and four Spaniards to fetch us , This was cheerfull News ; for had we gone to have travelled without a Guide , we should have Perished . The man that came for us brought two Blanketts , one for my Wife , the oher for Penelope : He desired us to be goeing . About a League distance from the place he left the Cannooe , which we parted with very unwillingly ; for some of our people , had they had a Mile further to have gone , could not have gone it : The Wind still continued att North-West and blowed very Fiercely ; and extreem cold it was : We had such a continuall shivering and pain in our Bones that we were in violent anguish . Our poor Child was quiet , but so black with cold and shaking that it was admirable how it liv d. VVe gott to Augusteen about two houres before Night ▪ Being putt on shoar , we were directed to the Governour 's house : being gott thither we were had up a pare of Staires , at the head whereof stood the Governour , who ordered my Wife to be conducted to his Wife's Appartment . I and John Smith went into a Room where the Governour asked us a few Questions ; but seeing how extreem cold we were , He gave us a Cup of Spanish-Wine and sent us into his Kitchin to warm our selves at the Fire . About half an hour afterwards the Governour sent for John Smith and M● and gave us a Shirt and Sliders , a Hatt and a pare of Silk Stockins , telling us , he had no VVollen Clothes as yet , but would have some made : VVe put on the Linnen and made all hast into the Kitchen to the Fire . Robert Barrow was quartered at another house : The Persons came to the Governours house and took such as they were minded to quarter in their houses ; So that Joseph Kirle , John Smith , I , my Wife and Child lodged at the Governour 's house . All our People that came up with Joseph Kirle came to see us . VVe perceived the People s great kindness ; Fot they were all well clothed from head too foot with the best the People had . ●oseph Kirle began to tell us of his Travell after he left us on the Bay , and how that they all concluded That they should never see my Wife and Child and Robert Barrow any more , if they did my Kinsman and Me. Richard Limpeney and those that went with him had a hard Travell for thirthy six hours without ceasing , in which Travell three of our Negroes that went with them were lost , ( viz Jack , C●sar and Quensa , by sitting down to rest themselves they were in a little time so numed that they could not goe , and there Perished . So that we lost five in that day's Travell , and began to ▪ doubt that Negroe Ben. Perished also . ●oseph Keirle said that he thought he should have lost som of our People in their Travell from the last Centinall's hither , For they were much tyred , and the Cold Violent and the La●ter part of that day's Jorney they VVading for many miles through much VVater , and deep Sand-hills , and when they came in sight of Augusteen they stayed for Boats to Fetch them , in which time some were nummed with the Cold. Joseph Keirle applyed himself to the Governour on our behalfs to send us help , for he doubted wether We were all living ; the Governour readely Assented and fortwith sent for a Person fitt for his purpose ; Chargeing him to gett a Perre-A●goe and Men , and goe forthwith and fetch us , but the Tide fell out , so that We could not goe till Midnight : The Governour was so concerned that he would not goe to Bed ▪ till they were gone ; when the Tide served he went to the Waterside and saw the Men putt off , giving them a Strict Charge . Solomon Cresson began to tell us of his Travells from Jece , having most part of the way much Rain : The Indians were very kind unto him untill thy came to the Indian Towne where the Dutch men were killed , at which place some of those Indians made a discovery of him to be no Spaniard . They said nothing to him thereof , but were very dogged to him , giving him no Food , and causing him to lye on the Ground Amongst Vermine . On the Morrow he was to goe with his former Company ; Who were grown so extreamly bitter and envious to him that when they did but look upon him , they were ready to smite him ; having gone untill about mid-day , passing an Inlett , the wether being extreme bad with Wind , Rain and much Cold , they putt on shoar ; ( this was the place where We putt on shoar and gott Water-soldiers and stayed for the Spaniard when he went back to look for our People that were to follow us in a Cannooe ) but the Rage of these bloody people was such that he expected to dye ; being on shoar they readely kindled a Fire , about which time he heard a noise of a Boat and Oars , and presently the Spanish P●rre-Augo putt on Shoar upon them : the Indian were extraordinarily Surprized and stood Amazed but Solomon was glad to see them , and they him : the Spaniards took the old Casseekey's Chest and whatever he had from him , Comanding them to return to the Indian Towns from whence they came . staying all Night the next morning the Spaniards send Solomon under the Conduct of two Indians belongingh to these Towns who were commanded by the Spaniards to Carry Solomon unto the Sentinall's house , but these two Indians carried him a little beyond the place where We putt on shoar to travel , and they seemed as though they had mischief in their hearts against him : He asked if they would goe forward ? But they looking untowardly on him , answered him not : so he went himself and was glad when he saw they did not follow him . But We were desirous to know how the Spaniards had knowledge of us , Which it seems was thus . When We gott to Jece where Smith and his Company were , and We going under the Denomination of Spaniards and the other English , the report of us runn from Indian-Town to Indian-Town to the Northward unto the Northernmost Town , att which Town ▪ were two or more Indians that were converted to the Romish Faith. These or one of these went to the next Spanish Sentinalls and gave an account that he heard that there were two Vessels cast away to the Southward of Jece , one being a Spaniard , the other an English Vessell , the Spaniards having two Vessels gone for the H●vana to seek for supplies , feared it was those Vessels : And the same day as this News came to the Governour of Augusteen came also News of one of their Fryers , being murdered by some of the Cape Indians . After this manner we understood it ; viz. Three Fryers being under a vow to goe amongst the Indians on the Cape to Convert them , they went to a certain Town to the Northward of where we were cast away , but it lay within the Sound . The Casseekey of this Town they gained on to Embrace the Roman-Faith , but all his people were much incenced against the Fryers , and therefore would have their Casseekey renounce his faith , and put the Fryers to death ; but he would Assent to neither : therefore they killed him and one Fryer ; the other two eshaped . Hereupon was a Perre-Augoe forthwith sent for us of what Nation soever we might be , also a party of Spaniards and Indians were sent against that Town where the Fryer was killed . We had a plentifull Supper , and We fedd like people that had been half starved , for We eat not knowing when We had enough : and We found our Palats so changed by eating of Berries that We could not relish the Tast of Salt any more than if it had no saltness in it : We had lodging provided , but few Beds . the 9 mt . 16. the 2 of the week . This Morning We had I●e half an Inch thick , and it had been so for some Mornings past , but as the Sun riset it 's gone . The Governour came this Morning to our Apartement , inquiring how We did ? We having had Chocolatta for breakfast he asked if We would have any thing else that his house could afford : If We would but ask it should be brought us . but we modestly answered That this was sufficient althoug our Appetites were not to be satisfiied . The Governour stated the poverty of the Country unto us . The place is a Gar●son maintained one half by the King of Spain the other half by the Church of Rome . The Male Inhabitants are all Soldiers , every one receiving Pay according to their Post . A Sentinall●s Pay is 150 pices of Eight a year . And all their supply of Bread , Clothing and Money comes from the H●vana and Porto Vella . And it is a going on of three Years since they have had a Vessell from any place whatsoever , which makes their Wants very great : All things being expended except Ammanition and Salt , of which they said they had enough . The Governour offered us the freedom of what his house afforded , withall gave us a Charge to be carefull in going abroad , especially of some persons that did not effect our Nation : We promised to be ruled and submitt to the Governours pleasure for our Liberty . Our people came in and We told them the caution ; but they said They had been all over the Tow● and in many hou●es where they were kindly received , and such as the people had they would give them . They told us of some English that liv'd here , and they had been at their houses ; the chiefest in esteem was one William Carr of the Isle of Man , who about thirty years ago was in a Vessel bound for South Carolina , but missing their Port were cast away nigh this Port , many were drownd , but he and some others were brought hither by the Indians , some of them gott away in Spanish Vessels , others dy'd here : This man turned Roman Catholick and Married a Spanish Woman , of whom he had Seven Children , and is an Officer in the Garison : He was chief Interpreter . This Day came Joseph Kirl's Negroe Ben. : He gave us this Account that after he had sent him back , he having looked and not finding my Kinsman went to se●k for a place to shelter himself from the Cold , and some place he found to creep in where he lay down and continued there all Night , but by Morning was so stiff with Cold that he could not use his Leggs , but halled himself towards the Bay. The Spaniard our Guide from the first Sentry house the Morning after we went thence returned along the Bay to see if any of our people were living , but he found all dead except Negroe Ben. : and he getting a fire made Negroe Ben. was recovered and gott the use of his Limbs . William Carr the Interpreter acquainted us that the Governour and two Royall Officers would examin us concerning our being cast away and what goods and Moneys was lost in our Vessell , and concerning our hardships amongst the Florida-Indians &c. Which was done , and every one did Sign it . This took up 2 or 3 days time to Complete it . After this was done the Governour told us , That he expected Capt. Sebastian Lopas in som few days , and after his Arrivall he would provide for our going to Carolina with Cannooes and Men to Guard us . This Week my Wife was taken with a Fever and Ague which held her three days and then left her . The Governour ordered his own Docter to administer such things as were helpfull . The Governour kindness to us all was extraordinary , for he would daily enquire of us if We wanted any thing which he had , of which he gave us an Account , and We eat no worse than he did daily . The Town We saw from one end to the other : It is about three quarters of a mile in length , not regularly built , the houses not very thick ; they having large Orchards , in which are plenty of Oranges , ●emmons , Pome-Citrons , Lymes , Figgs and Peaches : the house most of them old building and not half of them inhabited . The number of Men being about three hundred that belong to the Government and many of them are kept as Sentinalls at their Look-outs . At the North end of the Town standeth a large Fortification , being a Quadrangel with Bastions , Each Bastion will contain thirtheen Guns ; but there is not passing two thirds of Fifty two mounted . In the Curtin they can not mount any Gunns being only for small Arms. The Wall of the Fortification is about thirthy foot high built of sawed Stone , such as they gett out of the sand between the Sea and the Sound . This Stone is only Sand and small shells connexed together being not very hard till exposed to the Sun. The Fort is moated round , The would not admitt us to come near the Fort ; but Joseph Kirle took an Opportunity and walked round about it . the 9 mt . 23. the 2 of the week . This day Joseph Kirle and I considering that the latter end of this week was talked of for our setting Forward towards Carolina ( Which the Spaniards call St. Georges , ) We concluded to endeavour to provide our selves , if We could , with Clothing ; cosidering We should be exposed ▪ to all the weather that might happen , and have no shelter but what we carried with us . therefore We were incleined to sell , He his and I one or two of my Negroes to provide us Chlothing and Provisions . We addressed our selves to the Governour and withall offered him if he pleased to accept the choise of my Negroes ; but he denyed our Offer . We stated our matter to Him and asked if we might dispose of our Negroes ? He said , No , we should not , neither could we ●ell them to any person but himself for the King's Account without a speciall Licence . Therefore he would Consult the two Royall-Officers and give us his answer . the 9 mt . 24. the 3 of the week . This day the Governour sent for us , and told us ▪ That he would give us Credit for what We and the rest of the Company would . I told him that my Wife and Child would want some warmer Clothing , also Joseph Kirle and my Self should want some , if to be had . He ordered us to give in an Account of what We should Want , and if to be had , he would gett it : And Joseph Kirle and I should give our Obligation to pay the Governour of Carolina what the Summ amounted unto ; which We were willing to do : But We disired that our People should give us their Obligation for what We were engaged for on their Account ; Which the Governour thought reasonable . I gave in an account of particulars for Joseph Kirle ; Robert Barrow , Myself and Family : Also the quantity of Indian-Corn , Peace , Stringed Beefe , Salt and Earthen Potts for the whole Company : But Clothing was not to be had except as much Stuff as made a Suit fot my Wife ▪ and Child , and a few Skins Joseph Kirle and I gott : I gott also seven Blanketts tho the price was great . These served Joseph Kirle , Robert Barrow , Myself and Family . We had Five Roves of Ammonition Bread , so full of Weavel that Corn was far better . Twenty Roves of strung Beefe : Sixty Roves of Indian-Corn . Ten Roves of Peace . 〈◊〉 Rove of Salt , Jarrs For Water , and Earthen Potts to boile our Victualls in . the 9 mt . 25. the 4 of the week . The Governour sen● for Joseph Kirle and Me to certify that all that was to be gott he had gott for us . And he further signifyed unto us that he did expect Sebastian Lopas before this time , and he would not have us to go till he came , for whatever he could gett of our Money and Goods We should receive it every Doit. But We said We desired not to be detained on that account , for we had given that already over for gone from us . And as it had pleased God to make them the Instruments of our preservation , so we did freely give any thing of that which was or may be deemed ours to the Governour and those persons that were sent for us . The Governour said He would not have any thing to do vvith it , for vvhat ever he did was for Charity●s sake . Then We desired the Soldiers should have it if anything shoul be gott , Which we doubted . And hereupon we considered That should those poor men gett nothing We ought to allow them something in generall ; Therefore Joseph Kirle and I offered the Governour That VVe would allow Capt. Sebastian Lopas and his Men an hundred Pieces of Eight for bringind us up from amongst the Indians . The Governour was well pleased with our Offer and said the should have it . About this time Robert Barrow was taken with a grievous Belly-Ach , after which he f●ll into a violent Flux . Severall of our People also were taken with the Belly-Ach and great Scouring , all which was chieflly Occasioned by our unreasonable Eating and not governing our selves therein . Our chief Dyett was Hommoney , Herbs and Pumpions , having not much Meat ; Which mean dyett was our preservation : For had it been all Flesh , We should have distroyed our selves ▪ But VVe had the best the Place afforded . the 9 mt . 26. the 5 of the week . This day VV● Signed out Obligation for four hundred Pieces of Eight , and VVe were to be gone the 28 or 29 I●stant , after which our People signed their Obligation to us to pay their proportion of what was Provided for them in Provisions and their part of what should be paid for their Passage from the Indians to Carolina : Whereupon We made the best Provision we could : I had gott some Wine and Brandy for my self and Famely and some small Necessaries for our Child , with a great Resolution to goe through . the 9 mot . 29. the 1 of the week . This day after we had Dined , Cannooes being gott ready , One Capt. Francisco De Roma with six Soldiers was to go our Conduct ; the Governour walked down to see us Embarque , and taking our Farewell He Embraced some of us and wished us well , saying , WE SHOULD FORGETT HIM WHEN WE GO●T AMONGST OUR OWN NATION , And also added THAT IF WE FORGOTT , GOD WOULD NOT FORGETT HIM . Thus in a courteous manner We parted ; which was about two or three a Clock in the Afternoon . Taking our departure from Augusteen , we had about two or three Leagues to an Indian-Town called St. a Cruce , where being landed we were directed to the Indian Ware-house : It is built round having Sixteen Sqares ; on each Sqare is a Cabbin built and painted which will hold two People ; the house being about Fifty foot diameter . In the Middle of the Topp is a Square opening about fifteen foot . This house was very clean , and fires being ready made nigh our Cabins . The Spanish Captain made choise of Cabins for him and his Soldiers and appointed us our Cabbins . In this Town they have a Fryer and a large house to worship in with three Bell's , and the Indians go as constantly to their devotion at all times and seasons a● any of the Spaniards . Night being come and the time of their Devotion over , the Fryer came in and many of the Indians both men and women having a Dance according to their way and custome . VVe had plenty of Casseena drink and such Victualls as the Indians had provided for us , some bringing Corn boyled , another Pease , some one thing , some another , of all which We made a good Supper aud Slept till Morning . the 9 mot . 30. the 2 of the week . This Morning early We left this Town having about two Leagues to go with the Cannooes , Then We were to travell by Land : But a Cart was provided to carry our provisions and Necessaries ; in which Cart those that could not travell were carried . We had about five Leagues to a Sentinall's house , where we lay all Night , and next Morning travelled along the Sea-shoar about Four Leagues to an Inlett : Here We waited for Cannooes to come for us to carry us about two miles to a Town called St. Wans , an Indian Town , being on an Island . We went through a kirt of Wood into the Indian Plantations for a Mile . In the middle of this Island is the Town of St. Wans , a large Town and many People . They have a Fryer , and a Worshipping-House : The People are very Industrious , having plenty of Hoggs and Fowles and large Cropps of Corn , as We could tell by their Corn-houses . The Indians brought us Victualls as at the last Town , and We lay in their Warr-house , VVhich was larger than that at the other Town . the 10 mot . 2. the 4 of the week . This Morning the Indians brought us Victualls for ●reakfast , and the Fryer gave my Wife some Loaves of Bread made of Indian-Corn , Which was somewhat extraordinary : also a parcell of Fowles . About Tenn a Clock in the Forenoon we left St. Wans , walking about a Mile to the Sound Where were Cannooes and Indians ready to transport us to the next Town . We did believe that We might ha●e come all the way along the Sound , but the Spaniards were not willing to discover the place unto us . An hour before Sun sett We gott to the Town call'd St. Marys . This is a Fronteer and a Garison Town : the Inhabitants are Indians with some Spanish Soldiers . We were conducted to the Warr house , as the custome is , for every Town hath a Warr house . Or as VVe understood these houses were for their times of Mirth and Danceing , and to lodge and entertain Strangers . This house is about 81 foot Diameter built Round , with 32 Sqares , in each Sqare a Cabin about 8 foot long of a good height being Painted and well matted . The Centre of this building is a Quadrangle of 20 foot being open at topp of the house , against which the house is built thus In this Quadrangle is the place they dance having a great fire in the Middle : One of the Sqares of this building is the Gate , Way or Passage in . The Women natives of these Towns cloth their themselves with the Moss of Trees , making Gowns and Petticoats thereof which at a distance or in the Night look very neat . The Indian Boys we saw were kept to School in the Church , the Fryer being their School master . This is the Largest Town of all . About a Mile from this is another Town called St. Philips . At this Town of St. Mary's were we to stay till the 5th or 6th Instant ; Where also We were to receive our Sixty Roves of Corn , and Tenn Roves of Pease ; While we stayed we had one half of our Corn beaten into Meal by the Indians , the other we kept whole , not knowing what waether we should have : For the Fryer of this Town some Years past was at Charles Town i● South Carolina , and he had a Monthes Passage in goeing about this time of the Year . This News was very unpleasant to think of lying out a Month at this season , having been so weather beaten before ; But we endeavoured to shun looking back , considering how great our Preservations had been hitherto . While We stayed here we were willing to make all the Provision we could for Back and Belley : VVe gott of the Indians plenty of Garlick and long Pepper to season our Corn and Pease , both which were griping and windy : And we made us VVooden Trays and Spoons to eat with ; VVe gott Rushes and made a sort of platted Rope thereof ; the use we chiefly intended it for was to be serviceable to help us in building Hutts or Tents with at such time as we should mee● with hard VVeather . The time drawing on that we were to leave this Town , We had Seven Large Cannooes Provided to carry us being in all about Sixty Persons ; Eighteen of us and 6 of Smiths Company , Seven Spaniards and thirty add Indians , VVhich were to row the Cannooes and be our Pilots . VVe had some Indians from all the Towns and two Casseekey's . VVe understood that the Carolina Indians called the Yammasees , which are Related to these Indians were here about a Month since Trading for Deer Skins . I have Omitted a considerable Passage that happened in Augusteen ; The Woman named Penelope being bigg with Child , by the Spaniard's perswasion stayed with them : Also Joseph Kirle's Boy named John Hilliar , was detained by the Spaniards . Joseph Kirle strove hard with the Governour that he might have his Boy ; but the Lad was conveyed out of Town and not to be found . The Governour promised that he would send him after him if possible ; but the Boy came not to us , and We were to depart hence on the Morrow . the 10 mot . 6. the 1 of the week . This Morning we Embarked and departed this place and put in to the Town St. Philips where the Spanish Captain inveited us on shoar to drinck Casseena , which We did : The Spaniards having left somethingh behind , We stayed here about an hour and then sett forward . About two or three Leagues hence We ●ame in sight of an Indian town called Sappataw ; But VVe went about a League to the Northward of it to a Sentinall s house , where VVe putt our Boats on shoar and had Casseena brought us , making no stay VVe went hence rowing till next Morning : In the Night VVe had lost our way , but gott to rights in a little time . the 7. the 2 of the week . This Morning we putt on shoar having past an Inlett of the Sea , and here we drest some Victualls and gott a little Sleep untill the Tide Served . Some of our Indians went out a Hunting for Deere and Hoggs of Both which the Spaniards said there was Plenty , and when the Tyde served VVe were to goe to the Northernmost end of this Island and stay for the Hunters . One of the Indians brought a Deer which he throwed down amongst the other Indians , and he went out again to Hunt to the North end of the Island , where VVe were to rand●vouse for this Night . VVe sett Forward abou● Tenn a Clock and gott to the place appointed an hour or two before Sun-sett , It being a fine lofty VVood ▪ We imployed our selves in getting Fire-Wood for the Night and Moss to lye on , of both which we gott plenty , having a large Oak to lye under . The Indians brought in severall Hoggs and Deere , of which we had Part , so that we Fared richly ; having a pleasant Nights repose ; We gott up to be gone about an hour before Day . the 10 mot . 8. the 3 of the week . This day having rowed from the last place untill two hours before Sun-sett We putt on Shoar at a place where had been an Indian Settlement , it being on a high bank , from whence We had a Prospect of the Sound . Here We imployed our selves to go and fetch Bushes to make shelter against the Wind and Dews of the Night , and in Cutting of dry Grass to lye on , and getting of Wood which was at considerable distance ; But we resolved to have it if labour would purchase it . Those that were not imployed in these services were providing of VVater and Victualls , For we had alwais enough to doe . We had a pleasant Night and rested well . the 10 mot . 9. the 4 of the week . This Morning about Sun-Rising we saw a Cannooe of Carolina-Indians a going to the Southward a hunting : They kept the Western side of the Sound , being fearfull of us ; We had a Cannooe manned with Indians and Spaniards to go after them to speak with them , being desirous to gett them to carry Letters to inform of our Comeing ' not knowing but we might Alarum the Out-Settlement of Carolina . This Cannooe of ours pursued the other , but the Carolina Indians putt on shoar , runn into a Mash and Fired at our People . The Spanish Indians who could Speak the Yammaw's Language , called onto them , and told them their business , withall intreating them to come unto them ; But they Answered That they were going a hunting for the Season , therefore desired them to be gone , for they would not come near them : Thus our People returned unto us . The Carolina Indians went their way , and We Prepared to goe forward . We having the Casseekey of St. Wans with us Sent him away last Night , to see if he could meet any of the Yammawsee Indians of Carolina , he being acquainted with and related to them : But this Cannooe passed him , We sett forward and rowed all the day till about an hour before Sun-sett , and then we putt on shoar att an Indian-Field which was overgrown with Sedge . It being low wett Land. Here we made our Accustomed Provision for Lodging , lying this Night in a Wood , having dressed Victualls for this time and to morrow ; And having rested well this Night , about Day-Break or sooner We left this place . the 10 mot . 10. the 5 of the week . This Day about Tenn a Clock we crossed an Iulets , butt the Tyde being against us we putt on shoar att an Old Indian Field . Att this Place under the shelter of some Trees was the Casseekey of St. Wanns . Here we stayed and dranck some Casseena . There was Aboundance of Rabbetts ▪ but we made no stay . Not passing two hours , the Casseekey was sent before to make discovery , and we followed rowing untill an hour before Sun-Sett , by which time we gott to the place called St. Catalena , where hath been a great Settlement of Indians , for the Land hath been cleared for planting , for some Miles distant Here also We mett the Casseekey , also a Cannooe of Carolina Indians being a Man his Wife and Children having his Doggs and other hunting Implements for to lye out this Winter Season . The Spanish Captain by this Interpreter discoursed him about Carrying our Letters , which he readily assented unto ; Whereupon the Spanish Captain sett himself to writing to the Governour of Carolina . We had a Large Field to lye in and no manner of shelter but what was a Mile distant or more ; But We spared not pains , but some fell to Cutting of Boughs and Brush att that great distance , some to Carrying it to the place , some to gett fire wood ; so that by Night we had a brave shelter . The Spanish Captain sent for me to write to the Governour of Carolina ; which I did : I Write a●●o to a Person of my Acquaintance there : The Letters being finished and Night come on I delivered my Letters to the Captain and returned to my Company . By this time they had compleated our Booth which we thought was sufficient , if no Rain fell . VVe provided our Victualls for our Supper and for the next Day 's Travell , as also some dry Grass to lye on in hopes of resting well this Night . About Tenn at night the Carolina Indians went with our Letters for Carolina . the 10 mot . 11. the 6 of the week . This Morning about two hours before Day we had a Gust of Wind att the North-West and the Skie was overcast and looked as though we should 〈◊〉 ▪ abundance of Rain : In a little time the rain 〈◊〉 against which we had no shelter , but our Blanketts : The Rain held untill break of day , at which time began● the North-West wind to Blow violent hard and Cold : Our shelter was fronting the North-West ; and we ●ell to work to shift our Booth and to getting more boughs , Brush and Grass : the Grass was to fill and keep up a bank of Earth which we raised about three or four Foot high to break the wind from us : All this Day were we imployed in inlarging our Booth and getting of VVood for fireing ; The North-West blew extream hard and this night was hard , getting but little rest . the Cold pinching us . the 10 mo 12. the 7 of the week . This Day the wind that continued without ceasing . We begann to mend●what the wind had put out of order by Night , and haved up more Earth on our Booth , and made some Enlargement , for we were not negligent by Day to provide for the Night , which pincl●ed us vvith Cold especially aged Robert Barrow , who having a violent Flux that had held him from Augusteen hither , and by the violent Cold being Grown on him so that he could not Govern his weakness , nor gett natural Rest ; he vvas extreamly racked vvith the Cold , that in this Juncture of hardship vve could gett no vvarmth in him ; but he vvas contented vvith our mean help although he received litle benefit by it . This Day at times vve vvent out to get vvood , having a long way to go in an Open Field and the Cold almost numming us by that time we could gett to our ●oo● . This Eveaing the Wind was somewhat abated and we were in great hopes it was over , but it blowed fiercely the latter part of the Night . the 10 mo . 13. the 1 of the week . This Morning the Wind was something abated and the Sun gave forth a little VVarmth : Joseph Kirl● bo●roborrowed a Gunn , Powder and Shott of the Spaniards , and went to kill some in wild ●●●se or what other Game he might come up with , but he had no success , comeing home without any Game : And We were well content with a Dinner of Indian-Corn and Strung Bee● . The Spanish Indian hunted all these three days and kill'd severall Deere , but they eat them as fast as they killed them ; having little or no other Provision , their Corn being spent . The latter part of this Day the wind was very moderate and we hoped to be going the next Morning . Whereupon we Provided for the next Days Travell . the 10 mo . 14. the 2 of the week . This Morning we Embarqued and sett Forward having fair Weather , the Wind down : We rowed all Day untill three a Clock , being come to a great Inlett of the Sea ; but the Weather looked as though we should have Wind and Rain , and to cross the Inlett would be dangerous , it being about Two Leagues over , and a little Wind maketh a rough Sea : So We putt on Shoar , it being high Land and lofty Woods , mostly Pine and Live Oakes : her● we made all the Expedition we could to gett a shelter against the Weather . The Indians sett to work to build themselves little Hutts or Wigg-w●ms , which they had not done till now . They gott small Palmetto-Le●ves and covered their Buildings ; but ours were covered mostly with Boughs , which would not keep out much Rain . By Night we had a great deal of Rain and VVind . And it being the Evening of the Spaniards Christmass they used some of their Ceremonies with tink●ing on a piece of Iron , and Singing , 〈◊〉 for somewhat for the day following : They 〈◊〉 of the Indians , and the Indians in like manner begged of the Spaniards , and what the Indians gave the Spaniards , that was returned to the Indians . the 10 mo . 16. the 4 of the week . This Morning was very ●oggy and proved a rainy day , but we kept rowing untill two in the Afternoon , the Rain being hard and the Wind increased at NE. We putt on shoar , but the Capt. told us we should not stay here long , he intended further , and if the Weather permitted ▪ would goe all Night ; but the Weather was likelier ▪ to be worse than better , and we sate in the Rain untill Night was come , Then we intreated the Captain that we might stay all Night , and that we might provide against the Weather ; but he pretented the weather would break up and he would be gone : But there was no likelihood of it : The Rain was increased and we all wett and shram'd with Cold ; At length he assented to stay ; then were we hard putt to it , ( being Night ) to provide shelter : But in the dark did we work untill we had made us a shelter that would keep the Rain from us ; having fires we putt off our wett clothes and dryed them as well as we could . Towards Morning the Rain broke up . the 10 mo . 17. the 5 of the week . This Morning att Sun-Rising we sett Forward and Rowed untill Noon ; at wich time we came to an Inlett and putt a shoar : There we stayed all this Afternoon and dryed our Blanketts and what was not dryed 〈◊〉 Night . We also dressed Victualls , and as soon as it was dark went hence designing to Row all N●ght , but having an intrieate Passage amongst Marshes , Where were divers Creeks and ways , that we rowed sometimes in a wrong one ▪ then Back again , and Rowed in another ; and about Midnight our Pilotts were att a loss not knowing which way to goe , nor where to finde any dry Land that We might goe on shoar : But three of our Boats rowed untill We found a dry Napp to gett on shoar , where we lay untill Day , having good fires . As soon as it was light we gott our Boats and went to look for the rest of our Company whom we found having made their Cannooes fast to the Sedge and sitting therein until we came to them . the 10 mo● . 18. the 6 of the week . The Night was extreem Foggy , and so was this Morning ; but we searched about and found our Passage , being a little Channell just broad enough for our Boats to pass , and a Mile in l●ng . After we past this , we came into a great Sound which went down into a large Inlett that the Land could not be seen from the one Side to the other . Into the Sound comes down a great River called the Sabbina-River , which when we got into the Course of it , the water was fresh though in this great Sound . The Spaniards called it the Cross-Barr , or St. a Cruce : About Noon we gott over this Sound , and here we rowed out to Sea for two Leagues to gett into another Sound ; and about three a Clock the Wind began to blow at North-East , and it looked very black , so that We feared a Storm . We desired to gett on shoar to Provide against it , but the Captain said , About a few leagues further We ▪ should gett near Port-Royall , but in the Interim We saw a Cannooe on the shoar : we made to her and there we found some Indian Wig-wams . Here We went on shoar . This was a Cannooe laden with Skins that belonged to Merchants at Carolina , having four Indians belonging to her ; but three of them runn away fearing the Spaniards , and One stayed . The Indians Wig-wams were in a bad condition not fitt to keep out the Weather ; So We sett to work to mend them : Here was plenty of Palmeto-Leaves with which We covered them and made Addition to them , but the Storm of Wind and Rain came Violently before We could compleat our work and held all Night , yet We lay indifferent dry though the Storm was very great . the 10 mo . 19. the 7 of the week . This Morning the Storm of Wind continued at N E. with Rain We being likely to stay some time here inlarged our Wig-vvam fearing a North-wester , which about tenn a Clock this day began to blow fiercely with Snow for some hours . The Wind was so Violent that We feared lest the tall Pines should be blown on us . We sent the Carolina●Indian out to being his three Mates in ; but they would not . The Spanish Indians made great Complaint for Food . We gave amongst them Four Rove of Corn , not being willing to spare any more , not knowing how long We should be detained by the Weather . Some of our people had almost eaten up their shares , and We expected , should we be detained long , we must supply them with what We had to spare . the 10 mo . 20. the 1 of the week . This Day the wind continued at N W. and extream cold it was , but we in our Wig-wam were well enough Beared from cold . About Noon our Mariners Wig-wam got ▪ Fire and was burnt their was the lewardmost of all ( for we had Eight Wig-wams ) otherwise the whole had been in danger ▪ We understood that wee were not passing two or three days Journy from the English Settlements ; but the Spanish Indians told us that it was more till We were better informed by this Indian who belonged to that place . the 10 mo . 21. This Day early we sett forward and passed Port R●yall Sound , being some Leagues over ; and about two a Clock in the Afternoon we p●tt on shoar , the Tide being against us : Here was a close Wood where we lay indifferent well all Night , and early in the Morning we sett forward and rowed all day until One a Clock in the Afternoon . of the 22. day . At which time we gott to the first settlement in Carolina , belonging to one Richard Bennet , who received us kindly , and provided plentifully for us of good food and good drink , shewing the Spaniards all kindness possible he could for our s●kes , which the Spaniards did acknowledge : We stayed here all Night . the 10 mo . 23. This Morning having eaten plentifully , & drank also ▪ we went hence in Company of some of the Inhabitants about ten a Clock , & rowed untill two hours within Night , having passed by severall Plantations , we putt on shoar on a point of land to wait a Tide , having a Wood to shelter in & making good fires we stayed untill Midnight , at which time we went thence and rowed untill an hour or two before Day , by which time we gott to Governor Blake's House . 24. This morning when the Governor arose he sent for Jo. Kirle , John Smith , Andrew Marrey & Me making Inquiry of us concerning our Passage & on what account . the Spaniards came with us . We rendred him an account of the Governor of Augusteen's Generosity towards us , and that he sent us freely without any demands except what we had freely Contracted . The Governor sent for the Spanish Captain . in , & received the letters that were sent from the Governor . of Aug●steen , also our Obligation , which the Governor accepted . The Governor shewed a great deal of kindness towards us , made Inquiry into all our Conditions ▪ Robert Barrow he sent to his Neighbour Margarett Bammers , who , he said , would be carefull & nurse him : She was an Antient Friend , about 2 miles distant ; so he went on horseback . The Governor clothed Jos . Kirle , John Smith Andrew Murrey ; Me , my Wife & Child . To the rest of our People he gave each of them a Du●fel Blankett which would keep them warm : And plenty of Victualls and Drink was provided . We Obtained Leave of the Governor to permitt the Spaniards to go to Charles-Town with us being willing to ▪ gratify them according to our Abilities . the. 10 month 25. the 6 of the week . This Day in the Afternoon , Joseph Kirle , John Smith , I ▪ my Wife and Child went to Margarett Bammers where Robert Barrow was ; staying all Night till next Morning , when the Spaniards called for us as they came by Water . 26. This Morning we went hence with the Spaniards for Charles-Town , where we arrived about an hour within Night . The Gentlemen of the Town appointed a publick house of good Credit to entertain the Spaniards with meat & drink & lodging ; which was done to the Spaniards admiration , they stayed here 8 days . We gott our People together & agreed Jo●ntly to give the Spaniards a 100 pc . of 8 , which . Jo : Kirle & I divided amongst them according to their degrees , we two adding to the summ . the 11 mo . 4. the 2 of the week . Ioseph Kirle & I provided a small Present to send to the Governor of Augusteen , and this day we went with the Spaniard to Governor Bla●es , staying there One day , the Governor treated the Spaniards , and having Compleated his Letters gave the Spanish Captain a considerable Present and sent him homewards , Ordering them to call on the Yam-massee Indians , where they might have as much Indian Cor● , ●s they pleased , to carry home with them , the Towns of thes ▪ Indians being about two or three days rowing from Charles Town . the 11 mo the 9. the 7 of the week . This Day I returned with my Wife and Child to Charles Town , leaving Robert Barrow in a weak and low condition with Margarett Bammer . I , my Wife and Family with Joseph Kirle were entertained by Captain James Ribee the time of our stay in Carolina . Our Sea-men were mostly imployed , some in one Vessell , and some in another that belong'd to the Port. the 12 mo . 6 the 2 of the week . Joseph Kirle went hence to the Island of Providence 〈◊〉 hopes of gaining speedy passage for Pensilvania the place of his abode . Towards the beginning of this Month Robert Barrow was brought to Charles Town being extrem Weak and was Lodged at the house of Mary Cross who nursed him . the 1 mo . 18. the 5 of the week . This Day I with my Family and Robert Barrow Em●a●ke● and Sett Sail from this place for Pensilvania , and had Fourteen days Passage to Philadelphia . the 2 month 4. the 1 of the week . This Day in the Evening Robert Barrow departed this life and was buried the 6 Instant having passed through great Exercises in much Patience ; And in all the times of out greattest Troubles was ready to Counsell us to Patience and to wait what the Lord our GOD would bring to pass . And he would often express That it was his belief , that onr Lives should be spared not be lost in that Wilderness and amongst those People who would have made a Prey of us . And so this good Man having finished his Course with Joy Laid down his Body , and is with Him who rewards the Just . Thus having Compleated our hard Passage hither , wherein Gods great Mercy and wonderfull Loving kindness hath been largely Extended unto us in delivering and preserving us to this Day and time , I hope that I with all those of us that have been spared hitherto , shall never be Forgetull ●or unmindfull of the Low estate we were brought into ▪ But that we may double our Diligens● in serving there Lord GOD , Is the breathing and Earnest desire of my Soul ▪ Amen . Jonathan Dickinson A46978 ---- Deus nobiscum a sermon preached upon a great deliverance at sea : with the narrative of the dangers and deliverances : with the name of the master and those that suffered : together with the name of the ship and owners / by William Johnson, Dr. of Divinity. Johnson, William, D.D. 1664 Approx. 130 KB of XML-encoded text transcribed from 86 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A46978 Wing J859 ESTC R4803 12315748 ocm 12315748 59404 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 0 1.0 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 1, no. A46978) Transcribed from: (Early English Books Online ; image set 59404) Images scanned from microfilm: (Early English books, 1641-1700 ; 637:8) Deus nobiscum a sermon preached upon a great deliverance at sea : with the narrative of the dangers and deliverances : with the name of the master and those that suffered : together with the name of the ship and owners / by William Johnson, Dr. of Divinity. Johnson, William, D.D. The second edition, corrected and enlarg'd. [14], 156 [i.e. 154] p. Printed for John Crook ..., London : 1664. Marginal notes. Added t.p. on p. [53]: A narrative of a great deliverance at sea. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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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 4 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-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Bible. -- O.T. -- Psalms XCI, 15 -- Sermons. Sermons, English -- 17th century. Shipwrecks -- Religious aspects. 2003-01 TCP Assigned for keying and markup 2003-02 SPi Global Keyed and coded from ProQuest page images 2003-03 Mona Logarbo Sampled and proofread 2003-03 Mona Logarbo Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion DEVS NOBISCVM . A SERMON Preached upon A Great Deliverance at SEA : With the NARRATIVE of the Dangers and Deliverances . With the Name of the Master and those that suffered : Together with the name of the Ship and Owners . By William Johnson , Dr of Divinity ; Chaplain and Sub-Almoner to His SACRED MAJESTY . PSAL. 40.2 , 3. He brought me out of the horrible pit , out of the mire and clay : and set my feet upon the rock , and ordered my goings . And he hath put a new song in my mouth , even a thanksgiving unto our God. The second Edition , Corrected and Enlarg'd . London : Printed for John Crook , at the Ship in S. Pauls Church-yard . 1664. IMPRIMATUR , Joh. Hall. R. P. D. Humfredo Episc. Lond. à Sac. Domest . Jan. 9. 1663. TO THE Honourable Society of the East-Country Merchants resident in England , Dantzick , Koningsberg , and elsewhere . Worthy Friends , I Am led to honour your Society , not by the hasty choice and election of the Will , which oftentimes is transported with passion , and loves without any merit ; but by the rational and understanding part , which hath a long time perfectly known and understood your many excellencies , that I cannot chuse but love and honour your Society . Neither are you beholding to any for the respect they give , or rather pay you , but to your own merit , to which it is due . You are not like Solomon's Merchants , those I mean that brought over Apes and Peacocks ; but you furnish this Island with such staple Commodities , that ye have made London as famous as that City of Tyre , that crowning City , whose Merchants are Princes , and whose Trafickers are the honourable of the Earth . There is as much difference between the trade of those worthy Merchants that furnish us with Spices , Plums and Taffaties , and our East-country trade that brings us in Masts , materials for Cordage , and necessaries for Shipping , as there is in Religion between Ceremonies and Fundamentals . Spices and such things are pretty Ornaments and Ceremonial supplements to our well-being : But our East-Country Commodities are those which do constitute the Being , and lay the foundation of a rich and flourishing Commonwealth . And without them , if not the Art , yet the practice of Navigation would be lost among us . For we cannot sail to the Indies in a Nutmeg , embarque our selves in Cinnamon , make a Mast of a Race of Ginger , and wing our Ships with Taffaty . No , it is our East-Country Trade that doth furnish us with these absolute necessaries for Navigation , and is indeed the very principle and foundation of all Merchandize , and like a master-wheel in a Watch , sets all other on work . So that what goods are brought into this Nation , may be said principally and primarily to be imported by your aid and assistance , though fetch'd hither by the hands of others . This is a general good , and obligeth every one to honour you : But I have an Argument of an higher nature , which doth dispute and convince my affections into an high esteem and reputation of your Society . Your Company in Prussia were the first that call'd me to the exercise of my Ministerial function , being the first charge that ever I undertook to preach to : And had I not been forc'd to come into England by an Obligation which I could not in conscience break , I had rather have parted with my Life then them : for they were , as the Apostle writes to the Philippians , my hope , my joy , and crown of rejoycing in the Lord Jesus . That I had a desire again to come unto them , witness those many sufferings , losses , shipwracks , fears , streights , dangers , deaths that I did undergo in that second adventure ; and for the Love I bear them , am willing to repeat them over again , not in words only , but in real sufferings , so I might be any way serviceable for the good and salvation of their Souls . But some will say to me , Why would you venture to Sea again , seeing you have so often found the Ship unsafe , the Mariners fearful , the Winds treacherous , and the waves rebellious ? I answer , If God call me to it , I shall not fear the frowns of Neptune , nor the crooked face of an angry tempest . It was a brave Spirit of that Roman , who being to undergo a dangerous Voyage at Sea for the Service of his Country , being disswaded from it , made this answer , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , It is necessary for me to sail , but it is not necessary for me to live . And it was a noble and vertuous resolution in another , who said , if he were commanded to put forth to Sea in a Ship that neither had Masts nor Tackling , he would do it ; and being ask'd what wisdom that was , replied — The wisdom must be in him that hath power to command , not in him whose conscience binds to obey . When the service of God calls us to hazard our lives , why should we not be willing to sacrifice them ? Quid revolvis ? Deus praecipit , saith Tertullian . If Christ should call me to Sea again , why should I be more afraid to go aboard a stately ship , then S. Peter was to walk upon the very waves , when Christ call'd him to come to him ? But seeing God would not let me go to Tarsus , but sent me back in an angry and furious tempest , and made me a Preacher of repentance in this place , I shall serve you in my devotions , and , as the Apostle saies , make mention always of you in my prayers , that ye may be like that wise Merchant in the Gospel , who when he had found one Pearl of great Value , sold all and bought that Pearl , which was the Kingdom of Heaven . The first that sought after Christ , and ( when they had found him ) presented him with gifts , were the Wise men that came from the East . They presented to him Gold , Frankincense , and Myrrhe : I should be glad it might be said so of you , that go to and from the East . I wish with all my heart , that ye would first seek after Christ Jesus , and when ye have found him out , being guided to him by the star of your Faith , that then ye offer up to him the sacrifice of a cheerful obedience , in a true and faithful Service of him ; and that will be as sweet and as acceptable to our Saviour , as the gifts of those Chaldean or Arabian Astronomers , their Gold , Frankincense and Myrrhe , or all the riches of the East . So prayeth , Sirs , Your poor Oratour , and humble Servant , Will. Johnson . From my study in Warbois April 6. 1659. A SERMON Preached Upon a great Deliverance at SEA. Psal. 91.15 . Yea I am with him in trouble , I will deliver him and bring him to Honour . Or , I will be with him in trouble , I will deliver him and honour him . THis Psalm is a Psalm of Consolation , of heavenly Consolation , which is above the joys and felicities of this world . For Spiritual joy , like a precious Jewel set in the midst , out-shines all temporal comforts and worldly blessings . In the whole sphere of David's Psalmes there shines not a brighter Star of Consolation . One calls it a Psalm of assurance to those that trust in God : neither can there be a greater Cordial in grace then the assurance of Gods love . It is like the blessing of a good Conscience , a perpetual Feast , an abiding Comfort , a dwelling Consolation . Beza confesseth , that when he had left his own Countrey , and all that he had , one and thirty years , that he might more freely serve Jesus Christ ; it came to pass the first time he entred into the publick assembly , that the company did sing this Psalm : by the singing whereof , as though he had heard God calling him in particular , he felt himself so comforted , that he kept it ever after engraven in his heart . The Soul of man , if it be well sanctified , might take as much pleasure in reading this Psalm , as Adam did in walking in Paradise , even in the state of his Innocency , when the garden was in her prime and perfection , in all her greens and sweetness . For the beds of new-blown Roses , and banks of morning Violets , hills of Frankincense , and mountains of Camphire , cannot be sweeter to our sense , then this Psalm is to the Soul of an afflicted child of God. I do confess , I do love to read it , as an hungry man loves to eat his meat ; for beside the nourishment and food I receive from it , my Soul is satisfied and ravished with divine pleasure . For as it is a great Cordial , so it is given us in a cup of Gold , and this blessed fountain of Consolation runs to us in Silver streams of divine Eloquence . Mollerus calls it Pulcherrimum exemplar Eloquentiae , a beautiful picture and pattern of divine Eloquence . Look over the whole Psalm , and you shall find it every where enrich'd with sweet Allegories , and adorned with delicious Metaphors , which the holy Spirit useth , to present the dearness and love of God to his afflicted Children , that they might be not only comforted , but delighted with his sweetness , and enamour'd with his goodness . How most elegantly is Gods care of the safety of his children presented to us in divine Rhetorick , verse 4. He shall cover thee with his feathers , and under his wings thou shalt trust ? The very same Allegory doth our Blessed Saviour sanctifie with his own lips , when he bewails the present sin , and the approaching ruine of Jerusalem : O Jerusalem , Jerusalem , thou that killest the Prophets , and stonest them that are sent unto thee , how often would I have gathered thy children together , even as an hen gathereth her chickens under her wings , but ye would not ? The greatest Emblem of love and safety in all Nature . And as if this had not been kindness enough , God further promiseth , vers . 11. that he will send his own royal guard , the Militia of Heaven , his holy and glorious Angels , to be our Guardians , He shall give his Angels charge over thee to keep thee in all thy waies ; they shall bear thee up in their hands , lest thou dash thy foot against a stone . Even as a tender Mother hath a care of her Sucking child , or as a Nurse cherisheth her Children . And as if that had been too little , he himself will be with them not in their high estate only , but in their meanest condition . I will be with him in trouble , I will deliver him and honour him . My Text consists of two parts : 1. The Estate and Condition of Gods Children on Earth , which is a troubled and afflicted Condition ; they are in troubles . 2. God's care and love to his Children in that condition , expressed by a threefold promise . First , there is Promissum praesentiae , a promise of his presence , I will be with him , and according to the old Translation set down in the present tense , yea I am with him in trouble ; as God's promises are often in the Scripture , to shew both the speed and certainty of the things promised . Secondly , Promissum liberationis , a promise of deliverance ; I will deliver him . Thirdly , Promissum recompensationis , a promise of reward and recompence ; I will honour him . And what can an afflicted soul desire more in his troubles then the Presence of God to comfort him , the Power of God to deliver him , and the Goodness of God to recompense him ? Who would not be miserable on such conditions , and afflicted on such promises ? First , of the State and Condition of Gods Children here upon earth , which is a troubled state , an afflicted condition . Few and evil have the days of my life been , saith good old Jacob , and yet he was the chosen and beloved child of God. Jacob have I loved , saith God , but Esau have I hated ; and yet this chosen one , and precious vessel of Election , was filled up to the brim with the very gall and bitterness of affliction . He was sequestred from all the comforts of this life , banish'd from his own house and home , forc'd to flee from the knees of his aged and dying Father , and likewise from the bosome of his beloved Mother , hated of his Brother Esau , going on Pilgrimage with his Staff and Scrip only ; sometimes the cold Earth was his bed , a Stone his pillow ; and after all this ( which was before it in bitterness ) he was forced , for a meer livelihood , and sustenance , to serve an Idolater in a strange land many years . Nothing sure can be more grievous to a true Child of God. And as we have seen this in Jacob , in his person , so we may behold it in his Posterity ; for even the Sons of Jacob possess'd their Father's sorrow as well as his substance , and were Inheritors of both . But to tell you of all their troubles and afflictions , were to lead you in a wilderness . And yet these people were God's own people , his portion and the lot of his inheritance , his anointed and chief treasure , and as the Prophet Zechary calls them , the friends of God. There were no people dwelt so near , and in the very bosome of God , as these people ; and yet no people felt so much the hand of God , not in embraces , but chastisements . But you will say , this was in the time of the Law , in the time of the Gospel we shall see better days : when the day doth spring from on high and visit us , then sure we shall all be clothed with the beams of that Sun of righteousness , and shall shine in the bright garments of joy and gladness . No , in respect of temporal blessings it will be far worse with God's children then in the time of the Law. Then they shall meet with days black and dark as death it self : for , as one says ingeniously , Prosperity is the blessing of the Old Testament , Adversity the blessing of the New. In the time of the Law the rewards of faith and obedience were wealth and worldly prosperity ; then God said to Moses , I will make of thee a great Nation . But in the Gospel our Saviour says , My flock it is a little one . Again , in the time of the Law God blessed faithful Abraham with a promise of plenty and abundance , All the land thou seest to thee will I give it , and to thy seed for ever , But now the blessings of the Gospel are quite of another complexion , Blessed are you when you shall be persecuted for righteousness sake : And again , at the 11. verse , Blessed are you when men shall revile you , and persecute you , and shall say all manner of evil of you for my names sake . These are the blessings of the Gospel : Persecution is the Ensign of Christianity : The Cross in a Field of Bloud are the Arms of Christ , and Afflictions are the Sables that belong to his Coat . When our Saviour Christ went out of the World he left his Disciples this Legacy in his last Will and Testament , In the world ye shall have Tribulation . This was all the Legacy our Saviour left his Disciples , he had nothing else to leave them : for Joseph of Arimathea had begged his Body , his Spirit he had commended into the hands of God his Father , and the Souldiers cast lots for his Garments ; and what then could our Saviour leave them ? Yet , he left them a Royal Legacy , for he left them a Crown , — but it was of Thorns ; he left them a Scepter , — but it was of Reed ; he left them a purple Robe , — but it was of Derision ; he left them likewise the rich embroydery of his scourged Flesh , the marks and wounds of his crucified Body . This was our Saviour's Legacy , this was his Livery ; and S. Paul seems to wear it daily ; I bear in my body the marks of the Lord Jesus . This was the state of the Church in the time of the Gospel ; for the Spouse of Christ is black , though comely . God will have it so for these reasons . 1. To withdraw his Children from the love of the World. It is in our very nature to love the World : Adam is more seen in our Covetousness then in our Concupiscence . There is a kind of Magick in the things of this life , that doth so enchant the hearts of God's dearest Children , that they cannot draw their affections from them . Lot was a righteous Person , and yet he had no mind to part from his wealth , and beloved Sodom : and his Wife , though she went out with him , yet she left her self behind ; she went with her feet only , not with her affections , and therefore she could not ( for her life ) but she must look back upon Sodom , though in flames , and she look'd back till she could look no more . The World is our Dinah , to which our soul so cleaveth , that we are content to part with our Rights and Priviledges , with our Religion , and would be circumcised , if we might but enjoy this our Dinah , our new-got wealth and honour in peace . But God will not have his Children live in peace in this World , that they may long for a better ; a better World , and a better Peace . Should we always swim in worldly pleasures , and meet with no storms and tempests in this our vast Ocean of Prosperity , we should say with S. Peter , It is good for us to be here , let us build us Tabernacles , and so think to live here for ever . But God will have it otherwise ; and therefore he keeps his Children in this World in a vale of tears , and often leads them through Aceldama , a field of bloud and persecution , that , with Jacob , they may long for their Father's house , and say with S. Paul , I desire to depart and to be with Christ. 2. God will have his Children in a troubled condition , not only to make them long for the Kingdom of Glory , but to keep them in the Kingdom of Grace . The Valleys are more fruitful then the Hills ; and the lowest estate of a Child of God doth more abound with grace and goodness then the highest Mountain of their Prosperity . The Prophet David sayes of God's own People , Cum occideret eos , When he slew them , then they sought him early . Strange ! that they must be slain before they seek . God is a gracious God , and would lead us unto himself by the hand , but we will not go without a Rod. A strange dulness , or rather perverseness in our nature , that we must be whipt into our own happiness , and beaten into heaven . I find it likewise thus with Christ's own Disciples in the Gospel : the first time they call'd upon him was in a storm at Sea ( that School of prayer ) when the Ship was cover'd with waves , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hidden in the Sea. Then they were as loud as the Wind , and as high as the Tempest in their devotion , Master , save us , we perish . And I observe in the Gospel , after our Saviour began to shew himself unto the World in the Office of his Ministery , the first that came to him were the Blind , the Lame , and the Diseased . Is it not strange , that the Blind should find the way to Christ ? and that the Lame should first come to him ? and that the Sick should crawl out of their Beds to him ? nay more , bring their Beds with them ? Which made our Saviour say sometimes to the sick , Take up thy Bed and walk , It was the affliction of the Body that brought them first to Christ , who , when they came , cured both Body and Soul. For he never cured any that came to him of the Diseases of their Bodies , but he forgave them their Sins , and so heal'd their Souls . Thy sins are forgiven thee , was the very Physick that cur'd the man sick of the Palsey . It is a Salve that cures all Diseases . Lord , forgive me my sins , and then I am sure I shall be whole . So then , if by the infirmities of their Bodies these men gain'd the salvation of their Souls , was it not happy for that man that he was born blind ? good for that man that he was lame ? and health for that man that he was sick ? Beloved , we do not know when we are well ; we are most happy when we think our selves miserable , rich when we are poor , like the Church of Smyrna , and blessed when we mourn , If nothing but poverty will bring us unto Christ , who would not willingly be as poor as Job ? If nothing but the pains of the body would bring us unto our Saviour , who would not be content to be rack'd with the Gout , and grownd in pieces with the Stone ? If sickness alone would save my Soul , let me be sick , as Hezekiah was , even unto death , so I may gain eternal life . Who would not go to heaven , though in a fiery chariot of a burning Fever ? Vse 1. Seeing then afflictions are such powerful means to draw us unto Christ , whatsoever God shall lay upon us of this sad Nature , let us bear it aequo animo , with a quiet and even mind . But that is not enough ; we must undergo it laeto animo , with a joyful Spirit ; such a spirit as S. Paul had , who rejoyc'd in his bonds , and sang in prison , and which is above the common Passions of men , being inflam'd with an holy and divine Ambition , 2 Cor. 11. we shall find him triumphing in his sufferings , glorying in his infirmities , and exalting himself in his abasement . Even as Hezekiah in the pride of his heart shewed to the Babylonish Ambassadours the house of his precious things , his gold and his precious ointments , and the house of his treasure : in the same manner , but more holy , with the same passion of mind , but better sanctifi'd , doth S. Paul , in the same Chapter , shew unto the world the rich treasure of his sufferings , his frequent perils , his hunger , his cold , his bonds , his imprisonments , his whips , his scourges , his shipwracks , his nakedness . These were Saint Paul's riches , these were his precious things : His bonds were dearer to him then the golden chains of Hezekiah , his prison of higher price in his esteem then the house of his treasure , and his nakedness of more value with the Apostle then all the wardrobe of the King of Judah . For ye may perceive , in this Chapter , he counts up his sufferings , as a rich man counts up his Estate and Substance . So much , saith the Merchant , I have at Sea , so much in the City , so much in City , so much in the Country . So doth the Apostle reckon up his sufferings ; In perils at Sea , in perils in the City , in perils in the wilderness . This was Saint Paul's stock , this was his wealth and treasure . So that this Chapter seems to me to be the rich Inventory and Sum of S. Paul's sufferings . Thus I have shewn you with what chearfulness the Apostle did embrace the afflictions of this life . But we must go a step higher ; not only to welcome these good Angels , ( for so I think I may call our afflictions , for they are sent to us for our good ) but we must entertain them grato animo , not only with a joyful , but a thankful Spirit . For seeing they are such happy opportunities of grace , let us give God thanks that he hath afflicted us , and praise his name that he hath made us miserable , and let us magnifie his goodness , that in these days he hath slain us , and shed our blood . Thus we find holy Job praising God upon a dunghill , where he was left as naked as he came out of his Mothers womb ; The Lord gave , and the Lord hath taken away , blessed be the name of the Lord. This was Job's grace , and thanks for his afflictions : And I think I may call it grace after meat , for all was taken away . Every one can say grace before meat ; whilst we behold God's blessings with our eyes , our tongue cannot chuse but praise his name . Job's Wife could say the former part of the grace , The Lord giveth , blessed be the name of the Lord ; but when all was taken away , it was , Curse God , and die . But a true child of God gives God thanks for afflictions as well as for blessings , and praiseth his name for both . And so I have done with the first part of my Text , the state of Gods children here upon Earth . I come now unto the second , Gods care of his children in that condition , exprest by a threefold promise : and first , Promissum praesentiae , a promise of his presence , I will be , or , I am with him in trouble . But is not the Lord every where ? Whither shall I go from thy Spirit , saith David , or whither shall I flee from thy presence ? God indeed is every where , not only ubique , but primò ubique , as the School calls it , chiefly and most properly , not in part and in parcels , as accidents dwell in their subjects , but wholly and according to himself , who is indivisible and infinite in his own nature and essence : and this Divines call praesentia secundùm essentiam , the essential presence of God , by which he is in all things that were created by him , even the meanest and most vile of his creatures ; and yet no way contaminated or defiled by their vileness or uncleanness : for he is in them , not as any part of their essence , sed ut causa essendi , as the very cause and principle of their being and essence , giving subsistence unto them , without which they could be nothing . But this is the general presence of God : But there is a more special presence of God. There is — First , praesentia gloriae , the glorious presence of God , and that 's in heaven , where God sits upon his throne , enamell'd with the Souls of the blessed , and wall'd about with glorious Angels . Not that God is more in Heaven then upon Earth according to his divine Essence , but by fuller manifestation of his power , and by greater dispensations of glory . Secondly , there is praesentia gratiae , the gracious presence of God , and so he is upon Earth with the Sons of men . And that , two ways . First , By his internal affection , and that was eternal ; and so he was with us before we were , and was present when we were not ; before we had any Being he loved us . For he had chosen us in him , that is , in Jesus Christ , before the foundation of the world ; now there is nothing ties us so close together as love . It is said of Jonathan and David , that their hearts were knit together , because they did burn in mutual flames of love and affection , so that they seemed to have but one heart and one soul , and they both one man : and this is praesentia amoris , the presence of his eternal Love. But , secondly , he is with us by a temporal manifestation of that Love , and that three ways : 1. By a real assumption of our nature unto himself , in the mystery of his Incarnation , he is so with us as he is become one with us , bone of our bone , and flesh of our flesh . Joh. 1.14 . The word was made flesh , and dwelt among us . Even as a Bride and Bridegroom are one , man and wife ; so Christ and his Saints are one : for our nature in this union was married unto Christ , who is both God and man : even as before by the creation , Heaven and earth were married in man , and therefore by Lactantius called Societas coeli & terrae , the Society and fellowship of heaven and earth ; so by a neerer tye in our redemption , Heaven and Earth , Divinity and Humanity , God and Man , are joyned together : so he may well be named , as the Prophet Isaiah foretels , EMANVEL , God with us . Secondly , he is with us by a spiritual union of himself to us . And this was visible when the holy Ghost descended on his Disciples in cloven tongues , like as of fire , and sate upon them on the day of Pentecost . Christ took upon him our Nature , to make himself one with us , and then he gave us his Spirit , which is his Nature to make us one with him . In respect of this spiritual union , Christ compares himself to a Vine , and we are his branches ; to the Church , whereof he is the head , and we are his members : so that he is one with us , and we are one with him . And lastly , He is with us in our troubles by a more particular indulgence of his special favour , he is so with us as to suffer with us ; a fellow-sufferer in our afflictions , and makes himself a party in our troubles , and puts his shoulder unto the sad burden of our sorrows . And this is the common interpretation of the words . But we must not understand it by any actual suffering ; for that is beyond the capacity of the Divine nature . The Godhead cannot suffer . But he is a fellow-sufferer with us in our troubles . 1. Either by his Pity which he hath of us , which is an excellent vertue , but carries this unhappiness along with it , that it makes other men's miseries our own ; therefore it is commonly called Compassion , and they are usually joyn'd together , Pity and Compassion . 2. Or , else , God may be said to be a fellow-sufferer with us , by a kind and loving imputation of the afflictions of his children unto himself . For he is so sensible of any evil or misery done unto his Saints , that he accounts them done unto himself : He that toucheth you toucheth the apple of his eye ; so tender is God of his own children . But this is more plainly set down in the 9. Chap. of the Acts of the Apostles , verses 4 , and 5. Saul , Saul , why persecutest thou me ? And he said , Who art thou , Lord ? And the Lord said , I am Jesus whom thou persecutest . Why , Saul did not persecute Christ , our Saviour ; no , but he persecuted the Saints , and that was all one as to persecute Christ. Saul did not pierce our Saviour's side with a spear , so that from thence issued out water and blood ; no , but he shed the blood of God's dearest children , and that was to pierce our Saviours side , and to fetch water from his eyes , and blood from his heart . Saul did not spit in the face of our Saviour ; no , but he breathed out threatnings and slaughters against the Disciples of the Lord , and that was to spit in the face of Christ. Saul did not rob our Saviour of his robes , nor was he one of those that cast lots for his garments , neither was he consenting unto his death ; no , but when the blood of his Martyr S. Stephen was shed , as himself confesseth , he also was standing by and consenting unto his death , and he kept the raiment of them that slew him ; and that was as grievous unto Christ , as if he had taken his own garments from him , and had been consenting unto his death . For what is done unto his servants , he accounts done unto himself . Whatsoever ye do unto the least of these , ye do it unto me , saith our Saviour . He feels the blows that are struck at our heads , and he is sensible of the smart of our courges ; our wounds make him to bleed , our restraint is his imprisonment , and our chains are his bonds . Thus God is become our fellow-sufferer . O how happy are we , even in our misery , to have God to bear a part with us , and to be as sensible of our sorrows as if they were his own ? They say there is some comfort — Socios habuisse doloris , to have some companions in sorrow ; but that is but a natural Comfort , heathenish and pagan consolation , and can no ways rejoyce the spirit of a Christian , who would have no body to suffer with him or for him . A good Christian would be unhappy by himself , and miserable alone . But yet to have God our fellow-sufferer with us is comfortable Divinity , Solidum gaudium , as the Poet speaks , and comfort in which there is some bulk and substance . — For if God be with us , who dare be against us ? if the Creator be on our side , sure the Creatures cannot hurt us . The Devils tremble at his presence , and every creature loseth its enmity , sting , and power of hurting us . Thus the fire , that insatiable and devouring Element , lost its nature when Shadrach , Meshach , and Abednego were cast into the fiery fornace . The fire which slew their enemies that cast them in , hurt not them , but like wanton flames courted them with amorous embraces , as if they had been flames of love . Not so much as an hair of their head was singed , neither were their coats changed , nor the smell of fire passed on them ; And the reason was , God was with them . I see four men loose walking in the midst of the fire , and have no harm , and the form of the fourth is like the Son of God , ver . 29. Again , water is Barbarum Elementum , as Cato calls it ; yet it could do nothing against the Disciples of Christ whilst he was with them . The winds began to blow , and the waves arose , even so much that they covered the Ship ; But when they saw Christ was there , and heard his voyce , for he rebuked them , the winds became dumb , and the obedient waves bowed themselves in a calm . Let this serve for an Vse of consolation to God's Children , that he is present with them in their troubles , nothing can hurt them . The very Heathens thought themselves safe if they carried their Gods along with them in their journeys : Therefore Aeneas said to his Father , Tu , Genitor , cape sacra manu , patriósque Penates . And Rachel , when she went away from Padan-Aram , stole along with her her Father's gods . Shall these gather such comfort to themselves from the supposed presence of their gods , gods which indeed are no gods , wooden gods ( I may say ) and timber Deities ; and shall not we rejoyce and be glad , even in our Sorrows , when we remember that the God of Heaven and Earth is with us ? I am with him in trouble . If God be with us , what need we fear what man can do unto us ? Nemo te laedat nisi qui Deum vincat , saith holy Anselm , None can hurt us unless they can first conquer God , overcome Omnipotency , and slay Immortality , lead the Almighty Captive , and confound all the Host of Heaven , a thousand , yea thousands of Angels . For if our eyes were opened in our troubles , as God opened the eyes of Elisha's servant , we should see horses and chariots of fire , even more with us then those against us ; for God is with us . I am with him in trouble . 2. And so I pass from the first part of the Promise to the second , which is Promissum liberationis , a promise of deliverance ; I will deliver him . God's presence is a great blessing , but can we not enjoy him but in a troubled condition ? Can we not taste of the happiness of his presence without the sowre sauce of affliction ? The sweetest things lose their pleasantness whilst they are mixed with bitterness . God fed the People of Israel with Manna , which was pleasant food ; but it was in the Wilderness , and that was the leaven which sowred it . God to be with us , is an happiness beyond our merit ; but to enjoy him only in troubles , renders even the gracious presence of God less acceptable to our sense and natural affections . God therefore , who knows we are but flesh and bloud , strengthens our weakness with a second promise of deliverance ; I am with him in trouble , and I will deliver him . This deliverance is the effect of his presence , and the very work of his pity and compassion . For when I told you but now , that God had such pity and compassion upon his afflicted Children , as to be , and suffer , with them , we must not understand this secundùm affectum passionis , according to any affection or passion , which cannot be in the Divine Nature , but secundùm effectum , according to its effect and operation , which is deliverance . As a man that doth truly pity his afflicted brother , doth not only grieve and suffer with him in his affections , but doth ease and deliver him . And this is the fruit and excellency of pity , and this only is in God ; I will deliver him . God will not leave his Children in endless miseries ; they may wander many years in the Wildernesse , but at length he will bring them to the Land that floweth with Milk and Honey . He will not have his Children always dwell in the Vale of Tears , but he will bring them to the Mountains of Joy and Gladness . He gives them beauty for ashes , the oyl of joy for mourning , and the garment of gladness for the spirit of heaviness ; Thus he delivered Joseph from the stocks , Jeremy from the prison , the common place of his despised Prophets ; he will bring Jacob , banish'd Jacob , home again to his Father's house , and he shall both enjoy his Father's blessing and inheritance . Neither did he return empty , but brought his Sheaves with him , Wives and Children , Men-servants and Maid-servants , Sheep and Oxen , and in that abundance , that he begins to wonder at himself , being amazed at his own happiness , and astonished at the goodness of God to him , as we may guess by that expression , For with my staff have I passed over this Jordan , and now I am become two Bands : But above all is that great example of Jonah , who was cast into the Sea , and swallowed up by a Whale . We are wont to say at Sea , when a man is drowned , he is not only dead but buried : and besides that , he was entombed in a new Sepulchre , where I believe never man lay so long before ; and yet behold , after three days the Resurrection of Jonah . Who would have thought to have seen Jonah again a Preacher of repentance in Nineveh ? Well , cast me into the Sea , yea let the Mountains fall upon me , put me in any condition , I will never despair when I remember Jonah . And now this being the first Lord's day after my Anniversary Observation of my great deliverances at Sea , give me leave , as David says , to give thanks unto God in the great Congregation , and I shall praise him before much People . I have , for the testimony of a good Conscience , and to preach the Gospel beyond the Seas , suffered many adverse things . I can say with S. Paul , but I speak in all humility of soul , only to the glory of God , and out of thankfulness to his name for my great and many deliverances , I have been in perils of Waters , in perils of Robbers , in perils by my own Countreymen , in perils by Strangers , in perils in the City , in perils in the Sea , in perils amongst false Brethren ; In weariness and painfulness , in watchings often , in hunger and thirst , in cold , and almost nakedness ; In prison after a strict and close manner , in deaths often : twice have I suffered shipwrack ; two nights and two days have I lain upon a Rock in the deep , several times all hope of life being taken away . Yet , blessed be God , he hath made me a Preacher of his great mercy and deliverance this day . If the Lord himself had not been on our side , we may well say , If the Lord himself had not been on our side when the waves rose up against us , they had swallowed us up quick , yea , the waters had drowned us , and the stream had gone over our head . But , blessed be his name , he hath brought us out of an horrible pit , out of the miry clay , and established our going . So that I may truly say , in the words of my text , He was with me in my troubles , he hath delivered me ; and I 'le add the other clause , he hath honour'd me , in making me , the meanest of his Servants , a Preacher of his Word , and a Preacher unto you this day . Vse . Seeing then we have this assured promise , let us wait with patience God's own time for our deliverance ; as it is said of the Prophet's vision , Though it tarry , wait for it , because it will surely come , it will not tarry : Yet there is a kinde of peevishness in our nature , even in the best of us : if God doth not presently ease us of our pain , deliver us from those that oppress us , and give us all our hearts desire , we are weary of our selves , and of our lives , and will needs dye , like that good Prophet Elijah , the only relique of piety in his days , It is enough now , Lord , take away my life : Thus Rachel could not endure any longer the disgrace of her Barneness , Give me Children , or else I die . And thus Jonah , though he lately drank so deep a draught out of the Sea of God's goodness , and had seen so many Miracles of God's mercy unto him , yet could not with patience endure the affliction of a little Sun-shine , but cried out , It is better for me to die then to live . And thus it is with us in the extremity of any pain or affliction ; we call for Death , and we had rather dye then live : but if Death should come for us , we should be loth to take him by the cold hand , and go with him . Like that old man in the Fable , who coming from the Wood with a bundle of sticks at his back , the Sun beating hot upon him , he began to be weary , and flung down his burthen , and call'd for Death to take him away : but when Death appeared to him , and asked wherefore he call'd him , To help me me on , saith he , with my burden . The old man was then loth to dye . It is thus with us in our extream and a verse things ; we call for Death , and had rather dye then live : but if God should send Death for us , we should say to him as the old man , Help us on with our burthen ; whether it be pain , sicknesse , poverty , nakednesse , bonds , imprisonment , the tortures of the Gout , or grindings of the Stone ; any burthen rather then Death . Do not therefore provoke the Lord with intemperate exclamations , hopeless language of despair , and foolish speeches of bitter passion , but possess your souls with patience , and wait God's leisure ; he can and will deliver thee : I will be with him in trouble , and I will deliver . 3. And so I come now to the third thing propounded , Promissum recompensationis , a promise of reward and recompence ; I will honour him . What could flesh and bloud expect more from Heaven in their troubled condition , then the presence of God to assist them , and the power of God to deliver them ? Yet all this had not been enough , nor a full satisfaction to our desires , had we not had the other part of the promise , promissum recompensationis , a promise of reward and recompence . We think it much to serve God for nought , and to suffer for Christ , and to have no reward but a bare deliverance . The very Apostles of Christ had such affections in them ; even Peter , the great Professor of them , said unto our Saviour , Behold we have forsaken all and followed thee , what shall we have therefore ? Even the best of us serve God for a reward , and he is willing to give it us ; I will honour thee . God honours his People three ways . 1. By giving them titles of honour , and terms of dignity and renown . Thus God says to Jacob his chosen , Since thou wast precious in my sight , thou hast been honourable . And again , he calls his Church a Noble Vine ; And the Saints are called the Excellent ; To the Saints that are in the Earth , and to the Excellent ; And those of the Church of Sardis are said to be worthy ; and S. Peter writing to the Jewish Christians that were scattered abroad in Pontus , Galatia and Cappadocia , he calls them , A Chosen Generation , a Royal Priesthood . Thus the Spirit of God ascribes to the Saints Nobility , Excellency , Royalty , which are all ensigns of greatest honour . 2. God honours his Children by advancing them to places of honour and renown . For , He raiseth the poor ( that are his ) out of the dust , and lifteth the needy out of the dunghill , that he may set them with Princes , even the Princes of the People : Thus God raised Joseph out of the Dungeon , and made him Ruler over Egypt : And now was his Dream fulfilled ; that the Sun and the Moon and the eleven Stars made obeisance unto him . And thus God advanced Daniel from a miserable Captive to be Ruler over the Province of Babylon , And he sate in the Gate of the King : Thus you see Grace and Honour may meet together , and one may be both a Saint and a King , a King and a Martyr , which is the highest of Saints . We read of a Noble Army of Martyrs in S. Ambrose his Creed , which we commonly call Te Deum . Thus you see Nobility and Sanctity , Greatness and Goodness , Kingship and Martyrdom , may meet together in one and the same person ; I will honour him . Lastly , God doth not always honour his Children in this World ; some he suffers to dye in Prison , others upon a Scaffold , and the Bodies of his dear Children are oftentimes sown into their Graves in dishonour : but they shall rise in honour , yea in the perfection of honour , for they shall be glorified ; and so it is in the Latine translation , Glorificabo eum , I will deliver him , and I will glorifie him : and the more they suffer here , the greater shall be their glory hereafter . Though all shall receive glory , yet there shall be degrees of that glory , as we read , 1 Cor. 15.41 . There is one glory of the Sun , another glory of the Moon , and another glory of the Stars , and one Star differeth from another in glory , yet all these Stars do shine in glory : so it shall be in Heaven , — Omnibus una salus , sed gloria dispar . Though all shall be glorified , yet there shall be degrees and differences of that glory . There is one glory of the Sun , I mean that glorious Sun of Righteousness , Christ Jesus , that sitteth at the right hand of God ; another glory of the Apostles : there is one glory of his Confessors , another of his Martyrs , and one Saint differeth from another in glory . They shall be , saith Christ , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the Angels of God in Heaven : not in respect of purity only and singleness of life , which was the occasion of this speech of our Saviour ; but in respect of the spirituality of our Bodies with which we shall rise , and the glory we shall receive in Heaven . Now we all acknowledge an Hierarchy , and several degrees of Blessednesse among those Divine Spirits ; some are Angels , some Archangels , others Powers , Principalities , and Dominions : which doth plainly testifie a diversity and several degrees of Blessedness in the Saints , if so be that their Blessednesse shall be equal with and conformable to the Beatitudes of the Holy Angels . It 's true , one and the same essential happiness shall be to all in respect of the Object ; for they all shall see God : one and the same likewise in respect of the Subject ; for all the powers of the Soul , and members of the Body , shall be adorn'd and beautified with Glory . Again , one and the same in respect of duration and continuance of time ; for all and every one shall be blessed for ever , and their happiness eternal . And lastly , one and the same in respect of satiety ; for all shall be full ; one Vessel may be bigger then another , but all shall be full . But yet there shall be diversities , as of Grace here , so of Glory hereafter ; and as in some there are greater gifts of Grace , so shall there be higher degrees of Glory . But whether this increase and intension of Blessedness ariseth from a more pure and clear Vision of God , or from a more perfect disposition of our Understanding , or from greater flames of Love and Joy in the fruition of God , or whether by the addition of some accîdental happiness , accessory Praemiums , or Indulgences , I cannot say : but most certain it is , that the Saints in Heaven shall , according to their several capacities , receive the measure of their Blessedness ; for God will deal with every man according to his service here , and sufferings for the name of Jesus . They that turn many to righteousness shall shine as the Stars for ever and ever : But those that shall lose their lives for righteousnesse sake shall shine forth as the Sun in the Kingdom of their Father . S. John was the beloved Disciple upon Earth ; but surely S. Peter , that was crucified with his heels upward , is the Beloved in Heaven . S. John was wont to lay his head in the bosome of Christ : but sure now St. Paul must lye there , that lost his head for Christ ; S. John dyed in his Bed. God will reward every man according to his sufferings in this life for his Names sake : the more they suffer here , the more they shall be blessed hereafter ; the greater their Dishonour upon Earth , the greater shall be their Honour in Heaven . Every one that wears a Crown of Thorns here for Christ's sake shall wear a Crown of Glory ; the more Thorns , the more Glory . Which God grant to all those that suffer for the name of Jesus . Amen . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . A NARRATIVE OF A Great Deliverance AT SEA. Sen. Quod durum est pati Meminisse dulce est . The second Edition Corrected and Enlarg'd London : Printed for John Crook , at the Ship in S. Pauls Church-yard . 1664. FOR My much esteemed Friend CHARLES SCARBURGH , Doctor of Physick , at his House in Black-Friers London . Worthy Doctor , and loving Friend , I Am one of those many that honour both your Person and Profession : Not because I have a weak body , and so often stand in need of your healing and saving hands ; for that were to love my self , not you : but because I find in all ages , as well as in this , that Physitians have been men of most rare parts and eminent learning , There are but few of your Colledge but are known to me by their Merit or Courtesie ; I never come out of their company , but I feel my self better both in health and knowledge ; and I do not think that any Age can boast of so many Monsters of wit and learning ( for Vertue hath its Monsters as well as Vice ) as there is now among you . And truly , if there be no better encouragement made for the study of Divinity , the Learning of this Nation will lie in your hands , as doth now the welfare , and ye will be Patrons of both . But then , as your Profession is eminent , so are you in your Profession . I will not say , more then others , for those Comparative expressions ( besides their uncharitablenesse and incivility ) are poor Commendations ; and , I think , do rather debase then exalt the credit of a friend . For it seems to me to imply , that a man hath not merit enough in himself to make him high in the esteem of the world , unless we set him upon the head of another . Non tali auxilio — I shall not need such helps in my addresses to your self ; for you may stand upon the high Mountain of your own worth and merit , and without setting your foot upon another , make your self visible and known unto the whole world ▪ Besides those rare things in Nature , you have discover'd to us many secrets and occult qualities , which former Philosophy could not teach us ; and are so well acquainted with the Body of man , that you can un-pin the whole frame , take it in pieces , as a man doth his Watch , set it together again , and make it go better . I do not mean better then it was created ; but since it hath been debauched and disordered by several maladies and obstructions . Besides the excellent and happy knowledge you have in Physick , you are eminent in Mathematical Philosophy ; you have read over the whole Volume of Heaven , and are perfectly acquainted with their motions , influences , stars and Intelligences , as if you had been bred above in that Vniversity . Neither doth this precious Iewel of knowledge dwell in a Caskanet of an ill Nature , for that would take much off its lustre and brightness ; but in a sweet disposition , as our famous Oughtred saies of you , suavissimis moribus , ingenio perspicacissimo . From this fountain run so many hasty and full streams of love and kindness to all your friends and acquaintance : And to this your good Nature do I impute the earnest desire you have had to hear me often discourse of my dangers and disasters at Sea ; not that you take delight in my sufferings , but rejoice in my deliverance . You have violently importun'd me many years , to write the sad Story of my shipwrack ; which I thought I should never be brought to , [ For personal things ought to be concealed . ] But there is such Magick in the love of a friend , that I can sooner deny my self then him . And therefore I shall give you in these few lines a brief and hasty relation of my Second Voyage toward the East . But if this sad story make you Sea-sick , ( for good men are not well when they hear the evils and misfortunes of others ) you may thank your self . For the fault is not in my sufferings , but in your Virtue and tenderness ; and you are to blame your own Commands , not my love in the performance . Your very Friend , Will. Johnson . A NARRATIVE OF A Great Deliverance at SEA. WE went aboard from Harwich on Michaelmas day , 29 of September 1648. I confess , a dull kind of sadness ( as a cloud ) sate upon my spirits , so that I could not look out chearfully upon my departing friends . But I took my farewel of them , as if I had been going not only out of England , but out of the world . I can give no reason of this deliquium , for I was sent on a good Message , to preach the Gospel of Jesus Christ. I was embarqued in a stout ship , with a fair wind , and a skilful Pilot ; so that the understanding and rational part of my soul could not foresee any , nor suspect the least danger . But ( sure ) Nature ( whose Apocrypha we shall never understand ) was sensible of some approaching storm ; for I was no sooner at Sea , but I was in a strange Anguish and Propassion , so that I suffered shipwrack in my mind , and all the terrours thereof , before it came . I presently fell sick ( as I usually do at Sea ) for Water hath always been an unkind Element to me : yet that sicknesse hath no specifical name , we neither call it Fever nor Ague , Palsie nor Gout ; but I think it is all these , with the rest of humane infirmities , or at least an Index where we may find them ; for I was so really sick , that to be drown'd had been a punishment indeed , but in my thoughts no affliction to me . This sicknesse was neither Tertian , nor Quartan , but Quotidian : for I was as sick the next day as before . About four of the clock in the afternoon , the Master of the Ship came into our Cabin with more haste then he was wont , for he was quickned with the sense and apprehension of some sudden and ensuing danger ; which though he conceal'd from me , I saw it in his very countenance , written plainly in pale characters of fear and amazement , which made me ask him , whether all was well . And like a loving tender-hearted man , who is loth to tell his dying friend that he is so near his end , he answered me , All is well . But when I saw him shift himself , and make haste out again in great speed , but greater passion , I rose from my bed , and crawl'd upon the Deck , where I saw a sad spectacle . The Ship having sprung a Leak , or rather a Plank , was ready to sink . I do not wonder now I was so sick before , seeing death was so near . Oh how the face of every man was chang'd by this affrightment , so that we could not know almost one another , having lost our natural complexions through the extremity of passion ! One was at his prayers , another wringing his hands , a third his eyes shedding of tears , when we had no need of more salt water . But after this fit , they fell to work , and ( as it is usual in such extreams ) we were all busie about doing of nothing , and we did we knew not what . We began one thing , — sed facti poenitet , but we presently fell to another , and perfected nothing to our safety . The Masters Mate and Brother , whom we sent down to search out the Leak , quickly return'd to us with a sad countenance ; though naturally his face was red , yet fear had snow'd it into a pale complexion . This man with trembling hands , gnashing of teeth , a quivering tongue , and words half-spoken , signified to us that the wound was incurable , that the Leak could not be stopt , and the Water came in so fast upon us , that we must perish in this moment . I never heard a Death's head speak before ; for he did look not like a Messenger , but Death it self . Had he said nothing , we might have read our fate and ruine in his countenance . Here was now no room for counsel , neither had we time to ask one another what was best to be done . But we presently cast out our long Boat , and shot off some eight or nine Guns , which seem'd to me to be so many tolls of a Passing-bell before our death . But it was to give notice to one Bartholomew Cook , who was Master of that Ship that came out with us , and was but a little before us , that he should come to our relief . In these fair hopes we leapt into the Boat ; but it was my sad chance to leap short , one leg in the boat , alterum in Charontis cymba : but not without some danger , I scrambled out of the Sea into the boat ; but was no sooner there , but one of the Mariners leapt out of the ship upon me , and beat me down with his weight ; which I took kindly enough , being willing to have carried them all upon my back to have saved their lives . But there was one , and but one , left in our sinking ship , who made such lamentable moan , that his tears prevail'd against the fears of our present danger , and we took him into our boat , when we expected our ship ( whose sails lay now flat upon the water ) should sink immediately , which must necessarily have drawn our small boat after it , as the greater fished swallow up the less . But ( God be thanked ) we all came clear off the ship , but now were rowing we knew not whither . For M. Cook came not to our relief , and we began to be severe in language against him , as if he had not been kinde enough to us ; when all that knew him will say , he was a man of a soft , tender nature , and a friend to others , rather then to himself . But all men are suspicious in adversity , and commonly take all things in the worst part , and so did we ; not considering at all how it might fare with this honest Master , who , poor man , was in greater distresse then our selves , and drank a deeper draught of affliction ; for both he and his ship and all his men perished in that hour , not a man escaped to tell us the cause , manner and method of his fate . Now were all our hopes dashed , as well as our selves , being in despair of humane help ; for we were left in the North Seas , which seldom wear a smooth brow , but at this time contending with the wind swell'd into prodigious Mountaines , which threatned every moment to fall upon us . To speak plainly , it blew half a storm , and we were now in a small Vessel : what credit could we give unto our safety in a small and open Shallop , when so stately a Castle of wood , which we but now lost , could not defend it self against the insolency of the waves ? we were many leagues from any shore , having no Compass to guide us , no provision to sustain us , being starv'd with cold as well as for want of victuals , and the Night grew black upon us , having nothing in our Boat but a small * Kettle , and three bags of Pieces of Eight to the value of 300 li. Sterling . But alas ! what good can money do where there is no Exchange ? we could not eat nor drink our Silver , neither could our Pieces of Eight keep us warm . Money in its own nature is but an impotent creature , a very cripple , inutile pondus , a burthen of no value . Good God! into what a sad condition hast thou now brought us ; for which of our sins doest thou thus punish us ? Teach us , O Lord , that we may know it , and first drown our selves in tears of repentance , before the Sea swallow us up ; that though our bodies be cast away , we may save our souls : Such language my troubled thoughts spake within me . For it was with us now as it with St. Paul , All hopes that we should be saved were taken away . Nothing could preserve us but a miracle , being out of the reach of humane help : we were sinful creatures , and could not expect that God should go out of his ordinary way to save us . Though the waves carried us up to Heaven , yet we could not hope or believe that God should put his hand out of the clouds , and take us miserable Caitives unto himself from the top of a rising wave ; we had nothing to help us but our prayers . I am sorry that word slipt from my hasty pen. Prayer is a multitude , a Troop of succors , and many enough to deliver us out of the depth , though we were intomb'd in the belly of a Whale ; as it did Jonah . Prayer , if it be well qualified , is that rod of Moses , that can turn the Sea into a wilderness , and make us pass through upon dry land . Upon this only staff did we all lean , and I suppose it was with us , as in the case of Jonah . The mariners were afraid , and every man called upon his God ; And truly , I think I may with modesty confesse , I thought on those words of David , though after a more imperfect manner , Out of the depth have I cried unto thee : Lord , hear my voice , and let thine ears be attentive to my supplication . I sink in the deep mire , where there is no standing . Let not the water-flood overflow me , neither let the deep swallow me up . But beside our personal devotion , I am perswaded the extremity of our condition pleaded for us , and our misery cried aloud in the ears of God for pity and compassion . It is an usual expression , when we see any man extreamly poor and miserable , to say , his poverty or his misery speaks for him : and commonly we are not so much moved with a clamorous Beggar , who hunts after our Alms with open mouth , and makes Hue and Cry after our Charity , as if we had stollen something from him who begs of us , I say , we are not so much moved with such loud impudence , as with the silence of those diseased Cripples , and infirm Lazaro's , that lie at our doors , and in the streets , and say nothing , but shew only their wounds and sores to those that pass by . These beggars speak loudest to our affections , their very condition is eloquent ; quot vulnera , tot ora , so many wounds , so many mouths , that cry aloud for pity , and cannot chuse but melt us into a charitable compassion . This was our case ; our misery was louder then our prayers , and our deplorable condition certainly was more prevalent with Almighty God then our imperfect devotions ; for we may say with the people of Israel ; He heard our cry , and had compassion on us ; It is the usual way of God to help in Extremities , when we are in absolute despair of all outward means he loves to save us , that we may say , It is his doing alone . For in this moment of death , when we were without the least expectation of any deliverance , He sent a Ship to us , which we must needs confess to be Digitus Dei , the finger of God , that pointed and directed that ship to our deliverance : for though many ships come from the same place , and are bound for the same Haven , yet they seldom meet in the vast Ocean , and sail in the same line ; for there are no beaten paths in the floods , no high-ways and common roads in the Sea. But such was the goodness of God , this ship made towards us , and we what we could toward it . But we had but two oars , and the Sea-men counted that a great disadvantage both to their speed and breaking of the waves . Beside , it blew hard , and the Sea , that knows no pity , rose high upon us , so that we were forc'd to sit close to one another , to keep out the Sea with our backs : a poor shelter against a raging enemy , who finding himself check'd , through indignation flew over our heads into the boat , and fell upon us in angry showers , so that had we not had that Kettle to cast the water out as fast as it came in , we might have been drown'd from above with rain of our own making . It was my lot to sit on the weather-side ( and there is no complement or changing of places in a storm ) and the waves beat on me so fast , that I had almost said with the Prophet David , The waters had even entred into my Soul. And now we grew into another despair ; for with all our endeavours we could not reach the ship , nor the ship us : yet that good man the Skipper hung on the Lee , and did what he could to retard the course of his ship ; and we on the other side did what we could to speed our own . His ship rode on furiously before the wind , like the Chariot of Aminadab ; and ours slowly , like the Chariots of Pharaoh ; and how could we expect that our Snail should overtake his Dromedary ? Thus our pregnant hopes brought forth nothing but Wind and Water ; and we that before flattered our selves with an assurance of Safety are now as much confounded with a certainty of Perishing . It had been better , I think , and less affliction to us , to have had no hopes at all of a Deliverance , then presently to fall from it . It did redouble the punishment of Tantalus , to kiss those Apples with his Lips which he must not taste with his Tongue : to have Happiness near us in our eye , and not to enjoy it , is the extremity of Unhappinesse . Many Mariners , in a Storm and Tempest , when they see a fatal necessity upon them , are contented to dye : but these men would murmure portu perire , to perish in a Haven . This was our condition : We had a Ship hard by , but could not board her by reason of the Weather ; so that we were ready to perish , whil'st we look'd Safety in the face ; and that which , in all probability , increased our Danger , and made our Fate inevitable , it grew dark night , so that we did not know which way to row . But this , though it was an evil in its own nature , by accident became a benefit to us : for now , not seeing our danger we understood it not , and so grew bolder , and apply'd two to an Oar , and so brake through the Waves in a most desperate condition towards the Ship , as we conceived : and that good Christian , the Master of the Vessel , hung out a Light to us , which was as a Star to guide us to him ; and so by degrees we grew nearer and nearer . But lest the Howzoner ( for the Master was one of Howzon ) should think we were lost , and so hoise up his Sails and be gone , ( for he could not see us by reason of the Night , though we saw him by vertue of the Light he lent us ) Order was given , that when a Wave took us up , we should give a great shout : which we did so loud , that I believe our Cry was heard to Heaven ; for by God's miraculous assistance , we grew very neer the Ship , and our own safety . Now were we in dispute , which side of the Ship we should go aboard , which was concluded on the Lee-side ; and promise was made , we should go up by order as we sate , lest by a hasty rising we should endanger our selves , and by making too much haste to save our lives , lose them . But we had no sooner come to the Ship , but they all strove to run up at once ; and the Sea-men being dexterous in the art of climbing got up in a moment , and left me alone in the Boat : neither do I blame them , for Life is sweet ; and when that is in jeopardy , we care only for our selves . And now was I the third time lost , and in the greatest danger of drowning ; for besides the natural weaknesse I had in my hands , they were now so benumb'd with cold and wet , and made useless , that I could not climb up a Rope , though it was now to save my Life . But I held the Rope , which was flung to me out of the Ship , fast in my hands , that our Boat might not stave off : but it struck three times against our rowling Ship , or rather our Ship against it , and as often struck me down in the Boat , which was half full of water ; so that I was afraid I should have been drown'd in that Epitome of the Sea. It would have griev'd a man , but now to have escaped the vast Champain of the Sea , and to be drown'd in its Enclosure ; and it was God's providence , the Boat being so often struck did not break in pieces , as it did presently afterward , when it had done its last office to my deliverance . But having used several ways to get up in vain , there came , at last , two Sea-men down to me on the side of the Ship , and would have heav'd me up by the arms . But being so often wet , my Clothes , together with my own weight , were too heavy a Burthen to be trusted in their arms : and in this streight and exigency I really knew not what to do . I began to have sad thoughts of my self , and to think , that I alone was the Offender , and must now be sacrificed to the fury of the Sea , to appease and calm the Tempest . But whil'st I was thus wounding my breast with these thoughts , one of the Sea-men gave me down a Rope with a nooze , and bade me put it about my middle : but as soon as I got it on one shoulder , he began to pull , and had like to have forc'd me into the Sea. But desiring him to stay a while , I then got it over both shoulders , and ordered him to pull . But the Boat waving up and down cast me off at some distance , so that he first drew me into the Sea , and my own weight drew the Rope so fast through his hands , that had there not been a knot at the end of the Rope by meer chance , ( for he tyed it not , as he afterwards told me in England ) I had gone down into the Depth in a moment ; so that I may truly say , there was not an inch between me and Death . Then at the next pull he struck me against the side of the Ship , which I shall alwayes look upon as a Courtesie , being the kindest blow that ever I received : It was like a Dose of Opium to a man that hath the extremity of the Stone , which makes him forget himself as well as his sorrow ; and so it served me , for I remembred no more either good or evil . But certainly the Master was a good Christian , and was indulgent to me ; For I found my self in his own Cabin the next morning , where I slept all night very well , though in wet clothes . But I found myself sore and lame all over . I thought of the Man in the Almanack , wounded in every part and member ; onely I really was what he seem'd to be , and had some signs likewise of it on my bruised body . But I rose from my Cabin , very desirous to know how it fared with my Fellow-sufferers ; & truly I found them , contrary to my expectation , heavy , not with sleep , but with sorrow . I thought I should have seen joy ride in triumph in their cheerful countenance ; but their looks were dejected , and they murmured within themselves , suffering ( I suppose ) over their Shipwrack again in their sad thoughts , and every man telling himself of his own misfortune . But the truth was , they having sav'd their Lives were now at leisure to think of the loss of their Goods : And I know it was a heavy loss to some , who lost much ; and yet a greater loss to others , who lost less : for they having but a little lost a great deal , that little being all they had . For my own part , I lost more then I had , ( for it cast me in a Debt , which I have not yet waded through . ) But the Quantity of my loss doth not so much trouble me as the Quality ; for ( besides my Goods and whole Library ) I lost all my Sermons , Notes , Observations of some years travel abroad , things in themselves of no value , nor much in my esteem , yet they were the fruits of my ( many years ) labour and study , and might have been useful to me , both in my Ministerial Function , and likewise in the secular and lay-part of my life . But it were a shame to name any loss , when God so graciously gave us our life ; and a sin to murmure at any damage , when God so often and so miraculously snatch'd us out of the very jaws of Death . It seems to me to be like calling Lazarus out of the Grave . And do we think Lazarus , when he was restored unto life , complain'd that his Winding-sheet and Napkin were spoiled by lying four days in the Grave ? or that he murmured that the Ointments and Spices were spent in vain at his Funeral ? For sure Mary , that had a Box of precious Ointment for the burial of our Saviour , would be at some cost at the Funeral of her beloved Brother Lazarus . But these things are not to be thought upon , when our Life is given us . But we are so enamour'd on the World , that we cannot but look back upon things we love and lose ; and we would fain be comforted after our losses , as Job was , with twice as much as we had before . But then we must remember , it was at the latter end of Job ; and before that time God may redouble these temporal blessings upon us . The next day , being Tuesday , it blew very fair for Norwey , thither our Ship was bound ; and about twelve of the clock at noon we came in the view of it . But Norwey being a ragged Coast , full of Rocks , and seeing we could not reach it whil'st it was day , and afraid to come upon it in the dark , we turn'd our Sails , and thought to have kept off the Coast till the morning , that the Sun might shew us the way thither . Which done , we sate down to meat , some of us having taken no sustenance since we first came to Sea ; and truly I eat an hearty meal , being the only meal I made in five days : and so we were all very well refreshed and comforted . And now God thought it fit we should suffer again . Had it pleased the Lord before this refreshment to have brought us in some new distress , we certainly , being weak , had perished under the weight of it , and the very conceit of it would have kill'd us , and a little more sorrow would have drown'd us without a wave . But God will lay no more upon his Children then they can bear . About ten of the clock at night , when we had set our Watch , and pray'd ; with safe and secure thoughts we laid our selves to rest , some of us upon our Beds . But God had appointed an harder Lodging for us , such as he provided for Jacob in his journey to Padan-Aram , when he took of the stones of the place , and made himself a pillow , and lay down in that place to sleep . For this our second Ship with full Sails ran upon a Rock , and gave so great a crack , that it was able to awake the most dead-asleep among us . I wondred , I confess , what the matter was ; but the Mariners , knowing the danger better then my self , cri'd out , Mercy , Mercy , Mercy , with so doleful a tone and accent , that , together with that hideous noise which both the Wind and Waves made in this their pitch'd Battel one against the other , it seem'd to me to be the very Image and Representation of the Day of Judgement . I made what haste I could out of my Cabin , but was the last that came upon the Deck ; where meeting with our own Master , with both his hands upon his eyes , which yet could not stop that current of tears which ran down his cheeks , he bade me pray for them , pray for them , for we shall certainly perish . I could believe no otherwise , being taught that Lesson by our Master ; and therefore I fell presently upon my knees , and was just in the condition of a Condemned Person that expected the stroke of the Executioner , the night having but a blind before mine eyes : and having pray'd awhile I wondred the Waves did not come to do their office , for I forgave them with all my heart , having wholly resigned up my self to Death . But so it pleased God , that the Ship with full Sails struck it self so fast into the cleft of the Rock , or rather , as the Sea-men say , between two sledges of Rocks , with her Bow over the main Rock , so that it stood as firm , for the present , I mean the former part of the Ship , as the Rock it self . So I presently rose , and pull'd off my Coat , with an intention to cast my self into the Sea and swim thither ; but was advised to the contrary by a present ensuing danger : for presently there arose a high and mighty Wave , one of the chief Gyants of the Sea , which first knock'd against our Ship , as if it would have call'd me forth , and then with greater violence dash'd against the Rock , and brake it self in pieces ; which did plainly represent unto me my future condition , and foretell my fortune , had I ventured to stride that great Leviathan , and endeavour'd to swim to the Rock . But presently our Ship , like Saint Paul's Ship , brake in the hinder parts , and we were taught to escape our danger by our danger : for our Ship breaking in the Stern , we were forc'd to fly to the former part ; and one of the Sea-men ( the same that pull'd me up by the Rope ) leap'd from the Bow of the Ship upon the Rock with a rope in his hand , which was fastned to one of our Masts , and held it with so stiff an hand , that another slipt down by it ; and so all our own company , and some of the Danes ( eight and twenty in number ) came safe to the Rock that way . All this while , being left alone upon the Deck , I began to wonder what became of my company , not then knowing that they had found any means of deliverance . But perceiving that they all crowded to the head of the ship , I went to see ( God knows that was all my intention ) what they did there , and so I came to the knowledge of their escape , and an opportunity of my own . For I found a Dane endeavouring to slide down himself and a small leather-trunk by that rope , who like a loving man took pity upon me , and presently whipt away his trunk , and bid me slide down there : but I return'd him his kindness , and desir'd him to go down first , not so much out of complement , but that I might know how to slide down ; for I saw none of them go before me , and I did not know whether I should go with my head or heels foremost . I had no time to ask counsel , or make experiment , but presently I got upon the rope with my heels foremost , and back uppermost . But the waves beat upon me , and the wind ( which was high ) blew me round , and had almost made me let go my hold : but , I praise God , I came safely to the side of the rock ; and they cry'd , Off , off ; not out of unkindnesse to me ( whom they knew not in the dark ) but that I might make a speedy way for another , which I quickly did : for having laid one hand upon the rock , I came off the rope , and so on all four climb'd up to the rest of my company . I was the last that came down the ship that way , for in that very moment the ship began to decline from us and give way ; which the Master perceiving ( who was still aboard ) made lamentable moan to us to help him , which we did with our utmost endeavours . But the ship brake , and sunk immediately . There was this good man and four of the Mariners drown'd . I saw the Master with a light in his hand fall into the Sea , the saddest sight I ever yet beheld in this world , and that which pierced my very soul , to see him that saved our lives lose his own . There was nothing so bitter to me in all my sufferings at Sea as the loss of this man : it raised such a storm and tempest in my affections , that I am not yet calm within . I never think of him , but I am cast in a troubled sea of sorrow , and suffer shipwrack daily in my mind ; for as he was a man of a meek and charitable disposition unto all , so I found him kinde unto my self after a more special manner . How sollicitous was he for us in our distress , and used all means , though it was to his own hindrance , to save us ! and in all probability , had he not staid for us , he might have arrived at his own Harbour in safety . What shall we say ? shall we plead with the Almighty , with the Prophet Jeremy ? No , it is better to cry out , with S. Paul , Oh the depth of the riches and wisdom and knowledge of God! How unsearchable are his judgements , and his ways past finding out ! For who hath known the mind of the Lord , or who hath been his counsellor ? All that we can say is , that God sometimes thus dealeth with his own children . Those whom by his grace he hath made instruments of great good upon earth , he taketh unto himself , to make them highly blessed in heaven . Certainly the Spirit of God moved upon these waters , and call'd this good man , as Christ did S. Peter on the Sea of Galilee , to come to him , that for this high act of charity he might receive him , and presently crown him with glory . Now were we upon the Rock , but knew not where ; and some of the Company , before I came to them , had measur'd it round with their feet , and found it both a Rock and an Isle , and , contrary to our hopes , inhabitable ; so that we waited for the Morning-Star to draw the curtain of the night , and discover us first unto our selves ( for , as yet in the dark , we were as ignorant of our selves as of our sad condition ) and , then , to shew and discover some coast or land to us , which we hoped we were neer to . It was a long and a sad night with me : a rock is an hard pillow to sleep on ; beside , I was thinly clad , having cast off my coat when I intended to swim , and had no leisure to put it on again ; for I thought it best to leave that behinde me , rather then my self . We went from place to place , up and down , I may truly say , for I had many a fall upon the slimy Rock : sometimes we were up to the anckles in water , I cannot say overshooes ; for I had none ; so that my feet were cut with the sharp stones , as my body with the cold wind ; so that I felt the very teeth of Winter bite quite through me : for Winter in that Country is an old man with a grey head , when it is but a child with us . At length we happen'd in an hole of the rock , which was a warm shelter to us against the wind . And now the long-expected Morning drew neer , and we fain would have seen before we could . In that twilight , every black cloud we discerned , we flatter'd our selves was land , and here it was , we said , and there it was . But when the Sun arose , we saw it no where , only we had a glimpse of the Coast of Norwey ; but it was at that distance , that we were not in any capacity to reach it , but with our desires . Truly when I rose up and took a view of the Sea , and the place where I was , I was struck down again with amazement to see so many hundreds of Rocks round about us , lying for the most part under water , which the Sea-men call Breakers , because they break the Sea , and turn it into feathers . It was a great providence of God , that we should in the night with full sails pass by all these rocks , ( the least touch against them had been as mortal to us as our sins ) and then to come to the great Rock , which was as a Church above water . I am sure it was an Asylum to us . The Countrey-people deservedly call it Arn-Scare . It was the same hand again of Gods providence , that our ship should be carried with a full strong wind into the cleft and open part of the rock , which was as a bosom to receive us : had we touch'd upon any other part , we had been utterly lost in the twinkling of an eye . They that go down to the Sea in ships , and occupy their business in great waters , These see the works of the Lord , and his wonders in the deep . The Wonders of his Deliverances , as well as the Miracles of his Creation : neither are the Creatures more to be admired then his Mercies . There is as much wonder and variety in these as in the other . Oh that we would therefore praise God for his goodness , and the wonders he doth for the children of men . But now again were we lost in the eye of man : all our hope was , that a ship might pass by to relieve us , which in my judgement was vanity of thoughts : for if a ship should by accident come by us in the day-time , they seeing the Rocks would be afraid to come at us ; had it come in the night , it had certainly perished , as ours did . And yet we did hope even against hope . But having spent all that day , with sore eyes , in expectation of an imaginary deliverance , in looking for a ship ( or rather castle in the air ) and seeing nothing come toward us , we began to despair , having now no kind of sustenance to feed on , nor scarce clothes to keep us warm ; so we again crept into an hole of the Rock , and lodged there , rather then rested , the second night . In the morning we arose , before the Sun , and still we were looking for that which came not : and now we began to be an hungry ; and some of our company went searching about the Rock , wishing ( I suppose ) those stones were turned into bread . One of the Sea-boyes brought me a leaf of Scurvy-grass , which I told him was sauce rather then meat . Some of us went a fishing , but with no other Angle then a long arm , nor no other hook then a bent singer . They put their Arms into the Sea as far as they could , and drew up some small Muscles , which they eat heartily . I began to be very sick in a feverish distemper , and so had no stomach , which I think is a benefit when we have no meat to eat . But I did burn with thirst , so that I would have given all that I had for a draught of fresh water . God oftentimes makes us know the worth of his creatures by the want of them : nothing so mean in our esteem as a little water , we spill it every where upon the ground , and we look not after it any more ; yet at this time a drop of cold water had been more welcome to me then the gold of Ophir , and in my esteem a better creature . I went into the highest place of the rock , thinking the water ( that stood every where in holes ) might be freshest there : but I found it salt ; so I perceive in some storm it bounded thither from the Sea. Though it was salt , yet it was water , and therefore ( like one of those that were chosen to fight against Midian ) I lapped it with my hand to my mouth till I quench'd my thirst . But it came up again as fast as it went down , and brought a greater drought with it : and this I did very often , which I am perswaded was both my present cure , and future preservation of my health , as a learned Physitian told me since . And now between ten and eleven of the Clock we saw a ship coming toward us with full sails , which lifted up all our hearts with joy , gilded over our countenances with cheerfulness , and so painted our faces with gladness that we seemed to be new creatures . The ship came neerer and neerer , and then we went all of us to the top of the rock , and waved our hats to shew our selves to the men of the ship . But I know not the cause , but they never came at us , neither did they send out their boat to know what we were , or our condition . Whether this unkindness proceeded from the fear of our dangerous rocks , or from their own more stony hearts , harder then the rock we lay upon , I cannot say ; but it put us out of charity with them , as they seemed to be with us . He was a Dane , of the same Country with our former kind loving Master ; so that I perceive there may be several dispositions under the same Climate , and one womb may bring forth twins of several natures : one was as smooth to us as Jacob , the other rough as Esau. When we saw the ship pass quite from us , our hearts began to fail , and our countenances changed into ther former paleness . How soon was our fair Morning clouded over , and our beautiful hopes turn'd into deformity and black despair ? to teach us that man's happiness is but for a moment , and the joy of this world but a span long . And now we were all lost , even in our own eyes ; our condition , being ready to famish , would not give us time to expect another ship , neither had we now faith enough to believe , should there come one by chance , that the Mariners would venture their own lives to save ours . So we betook our selves to our old remedy , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , our prayers . The Danes ( I confess ) first began their devotions , having sung one of Luther's Psalms , fell to their prayers ; and then we sung one of our own Psalms , and as long as I was able to speak , I prayed with the company ; and after some Exhortation to my fellow-sufferers , being very weak , I laid my self down upon the rock , thinking I should rise no more in this world . But I overheard one of the Sea-men ( the same that first leapt upon the rock ) say , Let us make a Raft , and venture to Sea , I had rather be drown'd , then lie here and be starv'd . They all presently concluded to follow that design , though it was full of danger . But , you know , a sinking man will take hold of a bull-rush , and one that is ready to perish will catch at a feather . All things fell out to further this design : for the water had now faln from the rock , and left on the side of it the Bottom of the Ship , the Anchors , the Mast , the Sails lying on the Rock like linen upon an hedge . In a short time they break a Mast in pieces , untwisted a Cable , made small Cords , tied four or five Boards to the broken Mast , put up the small end of the Missen-Mast , cut out a small Sail , with some slight Stern they had made , and so ventur'd to Sea on these ruines . God oftentimes saves by weak means , and preserves us by improbabilities . There were four on this Raft , two Danes , and two English ; I do not remember whether it was by lot , or voluntary election . It was now a great calm , such a calm I conceive as was upon the Sea of Galilee when our Saviour rebuked the Sea and the Winds . It blew onely a small breath , which was our advantage , for it directly carried them toward that place we conceived the Coast lay . It was the miraculous goodness of God , that after the loss of two great Ships , he should save us by a swimming Plank : for this Raft past through , and got clear of all the Breakers : had it touch'd onely on them , they would have rent the Raft in pieces , as Sampson did the Wreath when the Philistines were upon him ; but they pass'd by them all , and we that were upon the Rock followed them with our eyes as long as we could see , or rather as long as they could be seen : for our life was wrapt up in theirs , and the hope of our deliverance had no other foundation but their safety . And now I may say , God stretched forth his hand as Christ did to S. Peter when he was ready to sink , and saved these men , and brought them to shore ; which yet we were ignorant of , and so pull'd in pieces between two several passions , Hope and Fear , and both of them equally troublesome ; as we see in an Ague , which hath two several operations , contrary in themselves as Hot and Cold , yet both of them alike afflictive . Our Hope being with that violence of passsion , was as wounding to our affections as our Fear . But these fits were soon over , for before night we spi'd several Shawls rowing toward us , which gave us a certain knowledge of the safety of our men , and a promise of our own deliverance : they brought with them provision ; but we were more greedy of the shore then our meat , and therefore we made haste into the Boats , and by Gods goodnesse unto us , we came all of us once more to land . The place that we arrived at was an Island in Norwey , call'd by the people Waller Island ; so mean and inconsiderable , that Ortelius takes no notice of it in his Maps , for I have search'd with better eyes then mine own , I mean more knowing in Geography , and could not find it . A place it seems not worthy to be remembred , but I am sure never to be forgotten by us . Though it was a Wilderness in its own nature , yet it was a Paradise to us . There was but one house where we landed , and that was the Parson's , an honest Lutheran , who had many in his family . They shewed us , as S. Paul says , no little kindness ; the language they spake was Noss . But I think it is not much unlike Dutch , for we that spake Dutch did partly understand them , and they us , and yet two several kindes of speech . I suppose there is the same difference between these two languages , as there is between a Lobster and a Creifish , ( which both are in plenty there ) for though they both are alike , yet they are two several Species . We made a shift to tell the sad Iliads of our misfortune to the people of the house , and they made a shift to understand us , for they wept most bitterly at our relation ; so that one would have thought that they had suffered Shipwrack , and not we . Which shew'd the goodness and tenderness of their nature , which are principia gratiae , the very beginnings of grace ; or else I may safely say , they are the first dispositions , or , at least , capacities of grace . They set before us what meat they had ; and the Mariners fell to it so heartily , as if they would have repaired all they lost before by their long fasting at one meal . Their ordinary Bread was Rye-Pancakes , but their Beer very strong . I thought of that English Proverb , A Cup of good Beer is Meat , Drink , and Clothing . Sure these people thought so ; for though at that cold season some of the people had no stockins nor shooes to their feet , yet they kept their Understanding warm , and their mouths well lin'd with Lubeck beer . I lost my stomach , not with eating , but long fasting , and so went sick to Bed ; in the morning I found my self well , I praise God. And we began now to examine our selves , and one another , what Moneys our double Shipwrack had left us ; all that we had we freely laid down : but there was an Ananias amongst us , who , we suspected , would conceal some part ; and therefore we search'd him , and found no lesse then four and twenty Pieces of Eight , which certainly this man stole out of our Bags when we were in the Boat , after our first Shipwrack , at that present time when we expected every moment we should be cast away . Did this man think that S. Peter would not let him into Heaven without his Peters pence ? or that he should go the other way , and must pay Charon naulum suum ? It was a sad thing for a man to steal in articulo mortis , at the point of death : But it was well for us ; for we lost all our Moneys in the second Shipwrack , but what this man stole from us . There are some Divines that say , Sin is committed ordinante Deo ; but the Ancients are wont to say , Deo permittente , which is a more modest and civil expression . I will not dispute the question here : but I believe , if God did ever ordain Sin , it was in this man's stealing ; for this Money was our relief in our necessitous condition . We staid in this Island till Sunday : in the morning we went to hear our Landlord preach ; after Sermon he gave us Coena dubia , a doubtful meale , full of variety , in one Dish , as Beef , Mutton , Lard , Goat , Roots , and so many of God's Creatures , that it seem'd to me to be the first Chapter of Genesis in a Dish : but so confounded , that the best palate could not read what he eat , nor by his taste know and distinguish the Creatures . Though God hath given all his Creatures for the use of man , so that we may doe what we please with them : yet I think it is not handsome with our grand Mesle's and Ollapodrida's to confound and undo the Creation , cook it into a new Chaos , and sauce God's Creatures out of our knowledge . I love to know what I eat , that I may praise God for the variety of his Blessings . But truly I do not blame the people of this place ; for I think it is not Curiosity here , but Custom , and good Husbandry , rather then Luxuriousness , who boile all together , to save charges . After much thanks , and a little money , we parted with this good old Priest ; and I having purchas'd an old pair of Shoes at the price of a new , we travelled on foot to Fredericstat , a City in Norwey by the Coast side , and were very kindly entertain'd by the Burgo-master . The chief of his discourse to me was in commendation of the late Archbishop of Canterbury , whom he call'd Excellentissimum Dominum . I wonder how he came to know him . But sure , thought I , if he be thus charitable to speak well of the Dead , who could not hear him , he will be bountiful to the Living , who are ready to thank him even before-hand . And truly he was very kind to us , for he commanded some of the City to entertain us civilly , and provided us Ships both for Holland and England , with the promise of some Provision at his own charge . I remember how the People ran after us in the streets ; and what their Compassionate Eye saw we wanted , their Charitable Hand was ready to give without asking . A good old man bestowed on me an excellent pair of Mittens , which I brought into England . We found much civility every where : though the Country is all rocky , yet the Peoples hearts are tender ; God made them è meliore luto , out of a better soil then their own Country . But to make hast out of my Story , as well as out of Norwey ; We went away from Fredericstat 3 or 4 miles to Ostersound , the Haven where our Ships lay , having laid into the Ship , that was bound for England , some small Provision , as much as our Stock could pay for , yet not so much as our Necessity required : for had not God blessed us with a favourable wind , we certainly had wanted much . But we , with all that was left us , which was now nothing but our selves , entred into the Ship in the evening . In the morning , before we went out , there came a ship from Lyn in Norfolk , struck against our harbour , which was naturally wall'd about with rocks , and so perished immediately . This was a sad Omen , and it seem'd to me as a Prologue to a new Tragedy . We had not been above two or three hours at Sea , but there was a sad distraction amongst us in the Ship , and the Mariners crying again for Mercy , Mercy : For we had almost fell foul on a Rock , which lay so cunningly in the Water , that we did not spy it till we were upon it : but by the goodness of God we sail'd close by it , and escap'd it ; the least touch of it had been our ruine . Thus God oftentimes doth bring his Children as neer the mouth of danger as may be , but he lets them not fall therein , that they may both fear and praise his Name . About noon we came clear off all the rocks on the Coast of Norwey , and were sailing for England with a fair gale of wind . But in this Prosperity another sad Accident befell us : This third Ship sprang a leak , a new one I cannot say , but rather repeated an old one , and so our Ship began to swim within as well as without ; and we had no way to relieve our selves ( for the Leak could not be found ) but by pumping ; which we did day and night , and so took revenge of the Sea , by spitting that Water back again in its Face , as fast as it came into our Ship. But now again we were in a sad and deplorable condition , being in danger to be drown'd from the Spring that rose within us , and to suffer an Intestine Shipwrack , which , like a Civil War , is most dangerous . We had our life now at our fingers ends ; and if we had not lifted up our hands to pump , as Moses did to pray , these Amalekites had prevail'd ; I mean , these merciless Waves had overcome us . Good God! in what , and how many streights hast thou brought us ? Our sins are many , as the waves of the Sea ; and so hast thou , O Lord , made our punishments . For now we were , as I conceive , in a worse condition then ever before : for though our Dangers were great , or rather greater , yet they came upon us so on a sudden , that we understood them not . That Danger is less afflictive which we less understand ; and that Misery we apprehend not is none at all , or at least none of our own . But now we see death before our eyes , and are in expectation to perish every moment ; so that we may say , with S. Paul , We die daily . We were in the condition of him that sees himself bleed to death . In our former Dangers we had like to perish suddenly , which had been lesse penal to our affections : we were now to dye at leisure , and to be drown'd with premeditation ; which is more afflictive to our Thoughts , though a less punishment for our Sins . Melius est perire semel , quàm timere semper : the fear of Death is more dreadful then Death it self ; and it is better once to dye , then to be always dying . With these fears about us , and black apprehensions , we sail'd on still with a fair wind ; and after four or five days and nights sail , so it pleased God , we came in the view of the English Coast on Norfolk side , neer Winterton ; where we saw the ruines of a Shipwrack , and the Countrey people enriching themselves with the losses of other men , the worst way of getting in the world . This was the Epilogue to our Tragedy , yet we had one Scene of sorrow more : For when we came neer Yarmouth road , on our left hand lay the Shingles , on our right the Shore ; and we could not agree amongst our selves on which side we should go . Our two Masters and two Pilots ( for so many we had in one Ship ) like four winds blew contrary ways . In this contest they made a fearful noise and quarrel ; their language was as foul as the weather , and as high as the wind , and brought us in as great danger ( as our own Master told me ) as ever . I think Monarchy is the best Government in a Ship , as well as in the State. Many Pilots with their over-wisedomnesse are oftentimes the ruine both of themselves and their Vessel . At length we did agree , & ordered one of our own company ( a Shotley man ) who best knew the Coast , to sit at Stern : But this crazy and ill-built Ship , though she was steered one way , flew another , as if all things had conspired to our ruine . We resolv'd to sail by the shore side , that in case our Ship should miscarry , we might swim to land . These were but sad hopes : But it pleased God , we came safe into Yarmouth road ; and having cast our Anchor , thought our selves secure . But our Anchor came home to us again ; and the wind , which was very high , had like to have driven us on a Scotch-man . They cry'd out , and so did we ; for they could not be more afraid of us then we were of our selves ; for had we boarded them , we certainly had endangered both our Ships . But that God that had begun and gone along with us in such visible characters of his extraordinary mercy , would not now leave us at the last , but did perfect our deliverance : For our Anchor held , and we rode very secure that night . The next morning we hung out a Weaf , and there came four Men in a Shallop from Yarmouth , and demanded no less then thirty shillings to carry me , a single person , to shore , when our whole Stock was but two Pieces of Eight . Though I did long for land , yet I could not purchase it at such a rate : But at length they were content to take less , because they could get no more ; and took something , rather then to turn back with nothing . But they had no sooner got me in the Boat , but they row'd me up and down , to weigh Anchors ; for there had been a great Storm the night before , and many Ships had broke their Cables , and were driven away by the Tempest . They tryed at several Anchors , not without great danger , as I conceived ; but finding themselves not strong enough , they at length brought me to the Shore , which was no landing place : but four men , which stood waiting for us on the Shore , ran into the Sea up to the middles , laid hands on our Boat , and so ran it on the Sands , and tumbled us over and over ; so that I cannot say whether I set my head or foot first on the shore . After this manner sure Jonah was cast upon dry land , when the Whale vomited him up ; I suppose that great Leviathan did not cast him upon his legs : But a man that had made such a trade of suffering at Sea as we did , and after so long a succession of evils , would be glad to be cast on dry land in any posture . From the shore I went into Yarmouth Town , with a company of people following at my heels , wondring at me , as if I had been some strange Creature come out of America , though they knew none of my sufferings , but saw me in a sad , ragged , weather-beaten condition . I presently got into an Inne , to hide my self from the wonder of the People , and from the trouble of their impertinent questions ; but chiefly , that I might praise God in private for his great and many deliverances . I cannot chuse but tell you so much , lest I should seem ingrateful to my gracious God : but I will say no more , lest I may seem vain-glorious to my Friend . Therefore I will conceal from you my particular devotions : Non est religio ubi omnia patent , I learn'd it from the door of a Capuchin's Convent . The Sign of the Inne was the Arms of Yarmouth ; the Man , I suppose the Host of the house , was as kind to me as S. Paul's Host Gaius was to him . And here I must not forget the kindness of a true Friend indeed , a good Samaritan , who had compassion on me , bound up my Wounds , pouring in Oyl and Wine , and set me on his own Beast , brought me to his own House , and had a care of me ; and , which I took most kindly , he bestowed on my sufferings Nazianzen's charity , a tear of compassion [ Si nihil habes , da lacrumulam , ] God , I hope , will return this kindnesse to him , in blessings upon him , and his dear Wife and Children . By the kindness of this Gentleman I was recruited with all manner of comforts ; and now behold another Shipwrack , not of my goods , but good name . Some there were , when they heard of the Monster of my sufferings , were affrighted out of their Wits , I suppose , as well as out of their Charity , and concluded I was a Malignant . Thus God is pleas'd to assimilate my sufferings to St. Paul's in some measure ( the latchet of whose shooe I am not worthy to untie ) who when he had escaped the danger of the Sea , was stung by a Viper as soon as he came to Shore . Suppose I should say I do serve my God that way which the World calls Malignancy , am I such an one , because the People say it ? or was S. Paul an Heretick , because the World thought him so ? I do not care what the Many say of me , Bellua multorum capitum , a Beast of many heads , sed nullius ingenii , but of no understanding . Thus the People censur'd John the Baptist , the Morning-star of the Gospel ; and likewise our Blessed Saviour himself , that Glorious Sun of Righteousness , or as S. Luke calls him , the Day that springs from on high ; although their deportment in the World was different , walking under several Schemes , and living after several and contrary Fashions . For , John the Baptist came neither eating bread , nor drinking wine , and ye say , He hath a Devil . The Son of Man is come eating and drinking , and ye say , Behold a gluttonous man , and a wine-bibber , and a friend of Publicans and Sinners : Thus the People are never pleas'd , neither full nor fasting . Neither the austerity of S. John's life , nor the sweetness and familiarity of our Saviour's conversation could content the People . But you are a knowing Person , and one whose good opinion I esteem ; I have therefore , here enclosed , sent you better words of me , drawn by the Company of Dantzick , and sent to the East-land Company here in London , for whose sake I have suffered these adverse things , and am content to run them over again to do them service ; such an affection I do and shall ever bear to their society . Thus I have given your earnest request the sad story of my suffering in my East-land voyage . What I have related my unhappy experience hath found it too true ; yet I cannot tell you all , for there were many dangers which I understood not . It was my chance , a year afer our arrival in England , to meet with one of my fellow-sufferers ( the same man that drew me out of the Sea : ) he presently began to repeat our shipwracks ( for men that have suffered together love to talk of their dangers past , and bemoan one another ) he made mention of several streights , extremities , dangers , deaths that we were in , which I do not remember ; so that from his mouth this Story seem'd to be so prodigious a Romance , that few but those that felt it would believe . But I have not told you , in this relation , what others say , but what I my self have suffered ; and though I was loth to begin , I am now as unwilling to make an end — Omnibus hoc vitium — And therefore I shall tell you what further adversity I have suffer'd by this barbarous Element of Water . I will not tell you of my venture over the Bars in foul weather to the Min at Dantzick in the Baltick Seas , for that it may be was our fear , and not danger , neither will I speak of my passage from Groningen to Amsterdam , when our ship struck against the sands ; for there was danger and no fear ; for the ship got off as soon as we knew it was on . But I will acquaint you with what happened to me upon the River Loire in France , at Orleans . I was advised by a French Gentleman , that had formerly travell'd with my Noble Lord the present Earl of Westmerland , * not to shoot the Bridge at Bogency ; for the bridge is made , not with a direct line over the river , but something obliquely , and so oftentimes dangerous to passengers . When we came neer the Bridge , I would have bribed the Batelier with a quart d' Escu , to have set my self and two of my company ashore this side the bridge , and to have taken us in on the other side . But the rest of the Company were unwilling to be hinder'd in their passage , and we were almost as contented to venture . But this thin Deal-boat ( which boats are made on purpose to swim down the River to Nants , and return no more ) came with a swift stream toward a corner of one of the Arches of the Bridge , which the Batelier seeing , cry'd , Nous sommes perdus , we are all lost . He did strive by putting his Rudder against the bridge to keep off the Blow , but brought it upon himself ; for it beat him all along , and struck off one board of our boat , that we swam almost equal with the stream , and the water look'd in upon us : one touch more would have dash'd our boat in pieces , and so we had been all drown'd in whole-sale ; for there was no swimming out of a croud , when our arms were pinion'd together with sitting close to one another . But by the goodness of God we got through the Arch , and came safe to shore . There came presently to me two Cordelier Friers , which were our fellow-passengers : the one bade me thank him , for he made the biggest Cross ; the other told me I must thank him , for he prayed unto the Blessed Virgin for us . I doe remember , indeed , when we were in our greatest danger , these Friers being struck with fear ( which oftentimes kills before death ) fell down in the midst of the boat ; one of them measur'd himself with his finger , or , as he saith , cross'd himself ; the other pull'd out a small Image , I suppose of wood , about the bigness of my great toe , and it seem'd to me not much unlike . To this he whisper'd something , which I believe it did not hear , no more then we . I thanked them both , one for his civil ignorance , and the other for his religious folly . I confess , in so sad and serious a matter as drowning , I doe not love such puppet piety , such mechanick and handicraft devotion ; my thanks must be addressed to God , the author and fountain of our deliverance , after a more spiritual manner . After this , the same year , it was my business to return into England . I came to Calais the day after the Pacquet-boat was gone : being weary of a chargeable Town , and burning with a desire of seeing my own Country again , having taken advice by a Merchant , I ventur'd to Sea in a Shallop , which the tide before came from Dover , and brought three Almains safe to Calais without any danger . The example of their safe arrival was a sufficient argument to perswade me to venture from thence to Dover . So at four of the clock in the morning with the tide we went to Sea ; but had not gone half a league , but there arose a great and mighty wind , which did blow , not only our Candle , but our Lanthorn out , I mean out of the boat , so that we were fain to let our boat drive till it was day-light . I offered the Sea-men their fare to carry us back again to Calais , which they did endeavour , but could not , the wind was so strong ; yet as fair a wind as could blow out of the sky to carry us to Dover ; but we had too much of it . The surfet of good things is as great an evil as the want of them , and a man may be too well sometimes . How did Neptune play at Tennis with us poor mortals , and how like Balls were we bandied up and down by his furious waves ? Sometimes , as the Psalmist saies , they mounted us up to heaven , as if they would have shewn us Lazarus in the bosome of Abraham . Sometimes they carri'd us down in the deep , as if we had been sent with more then a drop of water to cool the tongue of Dives . By and by there arose a great wind , which with the first blast split our sail in pieces ; so that we were forc'd to use our great sail , which was too big for the wind , as the wind was for it , and therefore we made use but of one half ; the other lying on the side of the boat made it run so much on that side , that I expected every moment it should topple over . We could not go backward , and we were afraid to go forward . I laid my self down in the boat from the view of these threatning waves ( as a dying man is not willing to look the Executioner in the face ) expecting every moment to be swallow'd by those roaring Lyons of the Sea , who came upon us with open mouths , ready to devour us . But God stopped the mouths of those Lyons , that they should not hurt us ; and our small Vessel rode in safety and triumph upon the head of the proudest wave . We could not say to the Pilot , as the Emperour did , Caesarem vehis &c. — but there was in our boat a noble Gentleman , both by birth and vertue ( the best and truest nobility ) and likewise another civil person . These Gentlemen had so much worth and merit in them , that they should not need fear the threatning of an insolent wave , but might boldly say unto the Sea , Sea do thy worst . But I 'le rather impute all to the goodness of God , in whose hands we were , and therefore could not miscarry . By and by a wave took us up , and shew'd us England . But it was with us as it was with Moses , we might from this watry Pisgah , and mountain of the Sea , behold the Land with our eyes , which yet we must not reach with our feet . One of these Gentlemen call'd to me to rise , saying I might see Dover Castle : but I thought it of no concernment to me , and therefore lay still , but wishing that we were all Prisoners there ; and so I said , little thinking that within few days after I should be apprehended and accused for taking Dover Castle , and kept some moneths a close Prisoner in Kent . God knows I would have taken it with all my heart , but for a refuge only ; not as a Souldier takes the fort of his enemy , but as a poor weather-beaten traveller takes the house of his friend as a shelter . The storm continued still , and the wind blew very high , which though it put us in great danger , yet being fair for us , blew us the sooner out of it . For now we came near Dover , and therefore I desir'd my friend to lie off my legs , for now I thought I should have some use of them my self ; which he did , and I rose up and saw a world of people standing upon the Pere at Dover , holding up their hands , not onely in admiration of our dangers , but in zeal and devotion for our deliverance . They directed us with their hands which way we had best enter into Dover , and so with a fresh gale of Gods mercy , as well as with a fair blast of wind , with full sails , we , not without some danger in hitting the Pere , ran a-shore . I must not omit one mercy more ( which I forgot in my last ) because it is so neer of kin and allied to my deliverances at Sea , a pre-deliverance , a deliverance before hand , an antidated mercy . For after I had spent some time in Prussia , and had seen Elbing , Koningsberg , which is the University ; the Pillow , which is both the key to the Country , and to the chief Revenue of the Marquess of Brandenburg in Prussia . I return'd to Dantzick with a resolution for England , having met with a fair opportunity as well as a wind ; for there was one Captain Sharper of New-Castle , a Kings-man ( as they call those that love the King in that Country ) this was argument enough both to confirm and hasten my resolution . This honest Captain being ready fraught and bound for England , I presently went to him to speak for my passage ; he like a kinde man as well as a King's-man promised me passage gratis , the English Company at Dantzick understanding so much , the greater part of them came to me , and importun'd me to stay with them , and continue my preaching , with a promise to answer my pains with more then I could desire or deserve . This unexpected kindness and love , which is above the price of any reward upon earth soon melted me into a compliance with their desires , and so without any contract I freely , as suddenly , without farther counsel , promised to stay with them . But God was in it , who inclines our hearts to those ways which lead to our safety and felicity , though we do not for the present see the secrets of his love and wisdom ; for this good man , Captain Sharper , with all his company , some few days after they went to Sea , were cast away neer the Zound , not a man escaped . Thus God sometimes prevents his children from falling into evil , as well as to deliver them when fallen , that they may enjoy the comforts of his mercy without the sorrow of suffering . To deliver his children when they are fallen into any calamity and trouble is an high and broad expression of his love and kindness to them , yet there is some bitternesse in the evil , though there be sweetness in the deliverance : but now , by his grace and goodness , to escape before we are taken , and to be delivered before we suffer , is a mercy we cannot hope for , a blessing we could not expect , and I am sure cannot express . It is like pure wine without the Allay of water , a lively picture , and true portraicture of the state of the blessed in Heaven , who possesse fullness of joy without any mixture of sorrow , and life without the shadow of death . I hope I shall never forget this great mercy ; and it is the greater because it was bestowed upon one that had no title to it , but the free grace and goodness of God. After these great and many dangers at Sea , and as many and great deliverances , I had thought once to tell you what happened to me on the shore , Plus habet infestâ terra timoris aquâ . But I will conceal them from my friends ; for in this sad Age every man hath sorrow enough of his own , and is not at leisure to consider the sad condition of another from bemoaning and pitying himself . I will therefore conclude , giving glory to God for his many mercies , and my thanks to you for giving me an opportunity to remember them . I hope you will pardon my plain language ; Sorrow is dull , and black , and sad stories ought not to be presented in painted words and gaudy Expressions of Rhetorick . No man mourns in colour'd Taffaty . What is wanting in Allegories , you have in reality : Truth needs no Metaphors . You have a true relation of many sad accidents and afflictions at Sea , by him who did undergo them , who is , SIR , Your most affectionate friend to serve you , Will. Johnson . TO The Right Worshipful the Governour , Assistants , and Fellowship of East-Land Merchants in London . Right Worshipful , IN Ours of the 28th of August , we gave you notice that in our destitute Condition , it pleased God by his singular Providence to supply our spiritual wants by the Ministry of Mr. William Johnson , an able and pious Divine . But he being now called home , by a Charge fallen unto him , We cannot suffer him to pass without this deserved Testimony : That , for his Person , he hath been amongst us grave , retired , Learned ; in his life , without blame or scandal ; in his studies , laborious ; in his preaching , both Orthodox and powerful : So that truly , in regard of the singular fruition of his Labours past , and considering our desolate ensuing Condition , We cannot but mourn at his departure . Yet hath he left us this Comfort behind him , That the present distractions at home may be a motive to dispose of his living there , and to return to us again in the Spring , if it please God that he be thereunto lawfully chosen and called . Vnto us he is a man without Exception , which we testifie by this our general Subscription . It may please you therefore , and it is our serious and earnest request , that , if his Occasions will suit with our desires , you will hear him preach , and by an undoubted Election return him back again with all speed . And this will be an actual prayer to implore Divine mercy , and to turn curses into blessings . We say no more , but the Lord be your Protector and Director . Dantzig , Jan. 1. 1648. Your Worships in full assurance to command , Will. Gore . Rich. Jenks . Sam. Travell . Robert Searles . Ed. Westcomb . Sam. Short. John Collins . Rich. Wallis . Will. Williamson . Will. Shires . Ja. Hutchinson . Jo. Coozin . Rich. Waynde . Ambrose Griggs . Geo. Hackett . Fran. Sanderson . Amb. Medcalfe . And. Taylor . Ed. Daniel . Jos. Oley . Nic. Mitchel . Tho. Clench . Tho. Dawson . Will. Lockwood . Jo. Whitehall . Jo. Pearce . The Name of the SHIP , The William and John of IPSWICH . The Chief Owners Were William Blithe and Were John Smythier , both Merchants in Ipswich . From whom the Ship had the Name ; the latter of these my worthy Friend and yet alive . The Names of those that suffered in the Shipwrecks were Daniel Morgan , Master . Edmund Morgan , Mate . Robert Lakeland , Mate . Matthew Bird , Boat-swain . Taylor , Carpenter . John Holmes Mariners . Rob. Lawrence Mariners . Will. English Mariners . Tho. Crofferd Mariners . Two Boyes . James Tillet , Merchant . And others , whose Names I cannot remember ; most of these are alive , and can testifie these sad things , and some are faln asleep . FINIS . Notes, typically marginal, from the original text Notes for div A46978-e710 Luk. 13.34 . Gen. 47. Rom. 9.15 . Gen. 28.12 . Z●ch . 1● c. Gen. 13.15 . Mat. 5.10 . Joh. 16.33 . Gal. 6.17 . Mat. 17.4 . Phil 1.13 . Psal. 78.34 . Mat. 8.25 . Mar. 2.9 . Mat. 5. Job 1.21 . Ephes. 1.4 . Zach. 2.8 . Mat. 25. Dan. 3.27 . Mat. 8.25 . Isa. 61.3 . Gen. 32.10 . Psal. 22.2 2 Cor. 11. Psa. 124.3 . Habac. 2.3 . 1 King. 19. Mat. 19.27 . Isa. 43.2 . Jer. 2.21 . Psa. 16. Revel . 2. Psal. 113. Dan. 2.49 . Dan. 12.3 . Mat. 13.43 . Notes for div A46978-e4560 Omnes quibus res sunt minus secundae magis sunt nescio quomodo suspiciosi se semper credunt negligi , Terent . Adelp . * Which served us as a Scoop to cast the water out of the Boat. Acts 27. Psa. 107. Jonah 2. Psal. 69. Exod. 2. Psa. 69. Gen. 28.11 . Matthew Bird of Ipswich . Jer. 12. Rom. 11.33 , 34 , 35. Mat. 14. Psal. 107. Psa. 107.8 . Dr. H. M. B. Mat. 8. My Lord of E. Dr. H. Acts 28.2 . 1 Cor. 15. Tho. Loman Esq. of Wenbeston in Suffolk . Orat. 16. Acts 28. Luke 2. Luke 1.33 . M. B. * Whose Brother Mr. Robert Fane was in our company . At Westonhangar my Lord Strangfords house which was then made a Prison to secure the honest Gentlemen of that County . Amongst them were my two loving Friends , Mr. Randolph Price eldest Son to Mr. Price of Esher , a Gentleman of great hopes , taken away in the flower of his youth and vertue . I gave him the Holy and blessed Sacrament before he went to Sea , which he received with much devotion , which no doubt was a present and heavenly Cordial to himself ; so I mention it as a dwelling and perpetual comfort to his still weeping Friends . Captain Vaughan who accompanyed me in my first Voyage into the East-Country . A45252 ---- The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred. England and Wales. Court of Exchequer. This text is an enriched version of the TCP digital transcription A45252 of text R16237 in the English Short Title Catalog (Wing H3842). 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A45252) Transcribed from: (Early English Books Online ; image set 59856) Images scanned from microfilm: (Early English books, 1641-1700 ; 211:20) The arguments of Sir Richard Hutton, Knight, one of the judges of the Common Pleas, and Sir George Croke, Knight, one of the judges of the Kings Bench together with the certificate of Sir John Denham, Knight, one of the Barons of the Exchequer, vpon a scire facias brought by the Kings Majesty in the Court of Exchequer against John Hampden, Esquire : as also, the severall votes of the Commons and Peeres in Parliament, and the orders of the Lords for the vacating of the judgement given against the said Mr. Hampden, and the vacating of the severall rolls in each severall court, wherein the judges extrajudiciall opinions in the cases made touching ship-money are entred. England and Wales. Court of Exchequer. Hutton, Richard, Sir, 1561?-1639. Croke, George, Sir, 1560-1642. Denham, John, Sir, 1559-1639. Hampden, John, 1594-1643, defendant. England and Wales. Parliament. England and Wales. Sovereign (1625-1649 : Charles I) [2], 64, 112, 19 p. Printed by M. Flesher and R. Young, the assignes of I. More, Esquire, London : 1641. Errata: p. 19 at end. Reproduction of original in British Library. Marginal notes. eng Hampden, John, 1594-1643 -- Trials, litigation, etc. Ship-money -- Early works to 1800. A45252 R16237 (Wing H3842). civilwar no The arguments of Sir Richard Hutton Knight, one of the judges of the Common Pleas: and Sir George Croke Knight, one of the judges of the Kin England and Wales. Court of Exchequer 1641 41891 90 0 0 0 0 0 21 C The rate of 21 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2002-05 TCP Assigned for keying and markup 2002-06 SPi Global Keyed and coded from ProQuest page images 2002-07 Judith Siefring Sampled and proofread 2002-07 Judith Siefring Text and markup reviewed and edited 2002-08 pfs Batch review (QC) and XML conversion THE ARGVMENTS OF Sir RICHARD HUTTON Knight , One of the Judges of the Common Pleas : AND Sir GEORGE CROKE Knight , One of the Judges of the Kings Bench : TOGETHER WITH THE CERTIFICATE OF Sir JOHN DENHAM Knight , One of the Barons of the Exchequer : Vpon a Scire facias brought by the Kings Majesty , in the Court of Exchequer , against John Hampden Esquire AS ALSO The severall Votes of the Commons and 〈◊〉 PARLIAMENT ; and the Orders of the Lords for 〈◊〉 vacating of the Judgement given against the said 〈◊〉 Hampden , and the vacating of the severall Rolls in each severall Court , wherein the Judges extrajudiciall Opinions in the Cases made touching SHIP-MONEY , are entred . LONDON , Printed by M. Flesher and R. Young , the Assignes of I. More Esquire . 1641. THE ARGVMENT OF Mr. Justice HUTTON . A Scire facias brought by the Kings Majestie in the Exchequer against Iohn Hampden . The case upon the pleading appeares to be this . THE Kings Majesty , by his writ under the great Seale of England , bearing date the fourth day of August , in the eleventh yeare of his raigne , directed to the Sheriffe of the County of Buck and to the Bailiffe , and Burgesses , of the Borough , and parish of Buckingham , and to the Mayors of divers particular Townes , in the said County of Buckingham ; and to all honest men in the same , and in all the Townes , Villages , and places in the said County , sendeth greeting : reciting that where hee is given to understand , that certaine Robbers , Pirates , and spoilers by Sea , as well enemies to the name of Christians , as Mahumetans , and others being assembled together , not onely to take and spoile our Ships , and the goods and merchandizes ; but also the goods and merchandizes of the Subjects of our friends upon the Sea , ( and which had of old been used to be defended ) at their pleasures , and to take and carrie the men in those ships into most miserable captivity , and there keepe them . And the King doth see that they daily provide ships to vex our Merchants , and grieve our Kingdome , unlesse speedy remedy bee provided therein : And considering the perils which in these times of war are every where imminent . The King for the defence of the Sea , the security of his Subjects , the safe conduct of the Ships , and merchandizes , being willing ( by Gods assistance ) to provide , the rather for that he and his progenitors , Kings of England , have beene Lords of the Sea . And where this charge of publique defence which concerneth all , ought to be supported by all , as by the Laws and Customes of this Realme of England it had been done . Therefore the King by his Writ commanded , that a Ship of warre of the burthen of foure hundred and fifty Tunnes , fitted and furnished with all things necessary for warre , and one hundred and eighty men able and sufficient victualled , and this to be done before the first of March : And then at that time to come , so prepared , furnished , and victualled , for the space of twenty six weekes then next following , and with wages for so many men of warre for that time , to Portchmouth into the companie of such other ships of our Subjects , and our owne as shall bee there , under the government of such a man , to whom before that day wee shall commit the custody of the Seas ; and to goe from thence with the Kings ships , and the ships of other our faithfull Subjects , for the defence of the Sea , and the repulsing and overcomming of any whosoever , which shall molest and hinder the comming in , or going out of our Merchants , or others upon the Seas . A power is given by the writ to the Sheriffe , and to the Mayors , and any two of them for Corporate townes , whereof the Sheriffe to be one , to assesse what summes the Mayors and Corporations shall pay towards this charge ; if they doe not , then to be done by the Sheriffe alone . A generall power to the Sheriffe , to assesse all the inhabitants of all other Townes , Villages , Hamlets and places , and the Tertenants , other then such as shall have a part of the said ship , or shall serve in the said ship , to contribute towards the necessary expence for the provision of the premises , upon every man according to his estate and faculty : And such portions so to be assessed upon them , to levie by distresse or other due meanes . A power to name Collectors . And a power to commit to prison all such as the Sheriffe shall find rebellious , or contradicting the premises ; There to remaine untill the Kings Majestie shall thinke fit to give order for their inlargement . And by vertue of this writ , Sir Peter Temple , then Sheriffe of the said County , did assesse upon the Defendant twenty shillings , towards this charge , which was after allowed by the succeeding Sheriff , Sir Henry Proby , and the Defendant was required to pay it , but refused . And then by a Certiorare out of the Chancery , directed to those Sheriffes , which had beene Sheriffes betwixt the fourth day of August , in the eleventh yeare , and the first of March , then following , to certifie what sum of money had been assessed upon the Defendant for contribution . They certified the said summe of twenty shillings . Then by Writ of Mittimus , out of the Chancery , bearing date the fift day of May , in the thirteenth year of the Kings Majesties raigne , the writ of 4. Augusti , Anno undecimo Car. and the Schedule returned into the Chancery , whereby the Defendant was so assessed , are sent into the Exchequer , to proceede against the Defendant , for the levying of the summe of twenty shillings , which he hath not paid , and proceede there to do that which of right , and according to the custome , ought to bee done for the levying thereof . In this Writ of Mittimus it is contained , that the writ bearing date the fourth of August , Anno 11. Car. was granted for the defence of the Realme , the safegard of the Sea , the security of the Subjects , and for that the safety of the Kingdom of England was in danger . But these causes are not expressed in the Writ ; but other particular causes . And upon the tenours of these Writs , depending in the Chancery , thus sent into the Exchequer ; this Writ of ( Scire fac ' . ) is awarded , bearing date the twentieth day of May , in the thirteenth yeare of the Kings Majesties raigne , against the said Iohn Hampden , to shew what hee hath to say for himselfe , why the said summe so assessed upon him and not paid , ought not by him to be satisfied , and to doe further what that Court should thinke fit to order . To which writ the Defendant appeared in Trinitie Tearme , and praied the sight of the writ of the fourth of August , and the Certiorare , and the Mittimus , and they are all entred ( in haec verba . ) Whereupon the Defendant did demurre generally . And Master Atturney generall joyned in demurrer , and the Record being read there and opened , the Court did adjourne it into the Exchequer Chamber , before any argument there at the Barre . The sole Question is , Whether this Scire fac . doth lye or not . And I am of opinion that it doth not lye , but that judgement ought to be given for the Defendant , both for the matter , and for the manner of this proceeding . And to the intent that whatsoever I shall say , may the better be understood ; I will observe this order in my Argument . First , I will prove by severall Acts of Parliaments , and by some Authorities in books , and by some reasons , that the Kings Majesty cannot at this day , impose any such charge in generall upon all his Subjects as this is , without their consent in Parliament . Secondly , I will give answer to such objections , as have beene made by the Kings Counsell , and by some of my Brothers , against these Statutes , and to such cases , as they have applyed to prove the contrary . Thirdly , I will answer those precedents , which have beene insisted upon , to prove that the like charge hath beene before imposed by the Kings progenitors , Kings of this Realme ; And I will shew some precedents of more force to the contrary . Fourthly , I will insist upon the disuse of the attempt of imposing any such generall charge , by this way , at any time since the beginning of the raigne of King Henry the fourth , which is almost two hundred and fifty yeares since : And many other courses and kinds of attempts , for levying of monies : And this way not attempted till of late . Fiftly , I will insist upon the Writ of 4. Augusti Anno 11. Car. That the matter therein comprised , doth not containe sufficient warrant , for the levying of such contribution : And that the matter which is added in the Mittimus , cannot supplie or make the Writ of 4. Augusti sufficient : And that the Scire fac ' it selfe is insufficient . Lastly , I will give some answer to that which heretofore was objected by Mr. Solicitour : That the Judges had formerly by a subscription to some propositions , which they were required to answer his Majesty ( as he conceived ) resolved this point already . My Brother Iones hath beene long , and I will observe my owne method , and answer him by my argument ; And I will contract that which I have to say , in as short a manner as I can . And for the first point and reason , which I doe insist upon , is , That this power to charge the people of this Realme at this day , by the King onely , is taken away , bounded and limited by diverse Acts of Parliaments , to be done by consent of the Subjects , and onely in Parliament . First , by the Statute of Magna Charta it is enacted , that no Free-man shall be taken or imprisoned or disseised of his Free-hold , or of his liberties , or Free-customes , or out-lawed , or exiled , nor by any means destroyed ; neither will we come upon him , or send him to prison , but by lawfull judgement of his Peeres , or by the Law of the Land . This Statute , as appeares by the Inspeximus of King Edward the first , sonne of King Henry the third , was made of the free good will of the King , for the good of the Church , and for the amendment of the Kingdome . And if you looke upon the last Chapter of Magna Charta cap. 38. the King grants , that he and his heirs will for what concernes him well observe and keep the same in his Kingdome , and will that aswell Clerkes , as Lay-men shall observe the same : And this was not done for nought , for the Clergie , and the Communalty , did give to the King for these liberties , the fifteenth part omnium mobilium , as appeares in the same Chapter . And further in the said Chapter it is contained , that the said King , for him and his heires did grant that neither he , nor his heires should doe any thing , nor procure to be done any thing whereby these liberties thus granted might be infringed or diminished : And that if any thing were done by any other to the contrary , it should bee void and held of no force : See the Statute . And then King Edward the first his Son in the five and twentieth year of his raigne , The very first Chapter of that Parliament , confirmed the Charter of Magna Charta , for the honour of God , and of the holy Church , and profit of the Realm , with writs to all Justices , Sheriffes and others , That they cause the said Charter of liberties to be published : And to declare to the people , that we have confirmed them in all points ; And that our Justices , Sheriffes , and other Ministers , which under us have the Laws of our land to guide , shall allow the same . That is to wit , the great Charter , as the Common Law , and the Charter of the Forest , for the wealth of our Realme . And where my brother Berkley did say in his Argument , that the words of the Statute of Magna Charta were quod habeant libertates suas , but that there were no particular liberties mentioned which were libertates suas : To that the answer is easie , for it is in the Preamble and the first Chapter , Habeant libertates subscriptas tenendas in Regno nostro Angliae tenend. . eis & haeredibus suis imperpetuum . And it cannot be denied , but that the clauses of the writ of 4. Augusti which gives not onely power to distraine , but if any be rebellious or contrariant to the premises , to commit them to prison , there to remaine untill the Kings Majestie shall for their deliverance thinke fit to order otherwayes , are directly contrary to the expresse letter of this Statute of Magna Charta , and so consequently against the law of the Land : for this Statute is made by the said Statute of the five and twentieth of King Edward the first , the law of this Land . This Statute of Magna Charta hath beene ever since , and now is put in use for the great priviledge of the triall of the Peers of this Realme for Treason or Felony : For there [ Peeres , ] is grounded upon the words of this Statute ( viz. ) per legale judicium parium suorum , as you may see in Stamford in his booke of the Pleas of the Crowne , fol. 152. Then by the Statute of 25. Edw. 1. cap. 5. It is enacted , And for as much as diverse people of our Realme are in feare , That the aides and taxes , that they have given to us before-time towards our warres and other businesse , of their owne grant and good will , howsoever they were made , might turne to a bondage to them and their heires , because they might be at any other time found in the Rolls : And likewise the prizes taken by our Ministers through the Realme , we have granted for us and our heires , that we shall not draw any such aides , taxes or prizes , into a custome for any thing that hath beene done before , bee it by Roll or any other Precedent that may bee found . And in the same Parliament in the sixt Chapter it is thus , We have granted for us and our heires aswell to Archbishops , Bishops , Abbots , Priors , and other folke of holy Church , as also to Earles , Barons , and to all other the communalty of the land , That for no businesse from henceforth , we shall take such manner of aides , taxes , or prizes but by the common consent of the Realme , and for the common profit thereof : Saving the ancient aides and prizes due and accustomed . Observe the words in this Statute , that for no businesse he shall take any manner of aides , taxes or prizes , but by the common consent of the Realme . The words of this Statute are so plaine ( for no businesse , ) as they include all , and admit any exposition . Then in 34. Edw. 1. cap. 1. It is enacted , No tallage nor aide shall be taken or levied by us or our heires in our Realme without the good will and assent of Archbishops , Bishops , Earles , Barons , Knights , Burgesses , and other Free-men of the land . Then by a Statute made in the fourteenth yeare of King Edward the third , it is in this manner ; That whereas the Prelates , Earles , Barons , and Commons of our Realme of England in our Parliament holden at Westminster upon Wednesday in Mid-lent in the fourteenth year of our Raigne over England , and the first over France , have granted to us of their free and good will in aide of the speed of our great businesse which we have to doe , aswell on this side the Sea , as beyond , The ninth sheafe , the ninth fleece , and the ninth Lamb , to be taken by two years next comming after the making of the same ; And the Citizens , and Burgesses , of Cities , and Boroughs , the very ninth part of all their goods ; And the foraine merchants and others which live not of graine nor of flocke of sheepe , the fifteenth part of their goods to the value , We willing to provide for the indempnitie of the said Prelates , Earles , and other of the Communalty , and also of the Citizens , Burgesses , and Merchants aforesaid , will and grant for us , and our heires to the same Prelates , Earles , Barons , and Commons , Citizens , Burgesses , and Merchants , that the said grant which is so chargeable , shall not another time be had forth in example , nor fall to their prejudice in time to come , nor that they be from henceforth charged nor grieved to make any aide or to sustaine the charge , if it be not by common consent of the Prelates , Earles , Barons , and other great men , and Commons of our said Realm of England , and that in Parliament . Then by the Statute made in the five and twentieth year of King Edward the third cap. 8. it is enacted , That no man shall be compelled to finde men of armes , holberts , or archers , other then such as hold by such services , if it bee not by common consent and grant in Parliament , for that is against the common right of the Realme . Which last words , [ for that is against the common right of the Realme ] are in the Parliament Roll , but left out of the printed books of the Statutes . And this Act of Parliament is recited by an Act of Parliament , made in the fourth yeare of the raigne of King Henry the fourth the 13. Chapter , and enacted and observed in all things . Then in the first yeare of King Richard the third , and the second chapter it is recited , That the Commons of this Realme , by new and unlawfull inventions , have beene put to importune charge , especially by a new imposition called A benevolence ; It is enacted , That the Subjects & Communalty of this Realm , from henceforth in no wise be charged by any such charge or imposition called a Benevolence , nor by any other such charge . Then comes the Act of Parliament , made in the third yeare of the Kings Majesties owne raigne , called The Petition of right , whereby the Statute made in the time of King Edward the first , commonly called the Statute De tallagio non concedendo , is mentioned , and many particular incroachments recited to be made upon the liberties of the Subject ; And many particulars being recited , it is required to be enacted That no loane of money against the will and good liking of the Subjects , Billeting of Souldiers , and Mariners in mens houses , there to sojourne against their wills , Commissions of Martiall laws in times of peace . They doe therefore humbly pray you , that no man be hereafter compelled to yeeld or make any gift , loan , benevolence , tax , or such like charge , without common consent by act of Parliament , whereunto his Majesty consented with this subscription , Soit Droit fait come est Desire . And these are the Statutes whereupon I relie that this charge cannot be laid upon the Subject by this Writ onely without the aide of some act of Parliament . Now for authorities of Booke cases , and other authorities concurring herewith . First , by the Case of 13. Hen. 4. fol. 14 , 15 , and 16. which were long debated , It appeares that the King had granted an office , for the measuring of Cloth in London , and a power to take so much for his labour . There was a Writ under the great Seale directed to the Mayor of London , commanding him to put the Patentee in possession ; and the Patentee had put it in practice , and divers had paid money to the Patentee : And yet after upon a returne , that there was no such office , it is adjudged a good returne ; And it is there agreed , That the King cannot by his Patent create or erect a new office , in charge of his people , without the speciall assent of the Commons : And the King cannot grant to any , that he shall take of every Carriage that shall come over such a bridge such a sum ; And it is said there in the sixteenth leafe , that a common charge , though it sound to the profit of the people , cannot be granted out of Parliament : And this in my opinion is a strong case in the point . Then see 37. Hen. 8. Broke in Patents , placito . 100. The Kings Majestie may erect Markets and Faires with tolls incident : For that concernes onely such as will buy : but the King cannot grant toll Travert , nor a Thorow toll , nor alter or change Laws or Customes of the Realme , nor make land deviseable or gavel-kinde or Borough English , or change gavel-kinde or Borough English to be descendable to the heire ; which is so agreed in divers Books . Then in the booke of Fortescue of his commendation of the Laws of England ; it is thus written in the ninth chapter the five and twentieth leafe , The King of England cannot alter or change the Laws of his Realme at his pleasure ; For why , he governeth his people by power , not onely Royall , but also politique : If his power over them were onely Royall , thē he might change the Laws of his Realme , and charge his Subjects with tallage and other burthens without their consent ; And such is the dominion which the Civill law purports , when they say that the will of a Prince hath the force of a Law : But from this much differeth the power of a King , whose government over his people is politique ; for he can neither change Laws without the consent of his Subjects , nor yet charge them with strange impositions against their wills . Rejoyce therefore , O Soveraign Prince , and be glad that the Laws of your Realme , wherein you shall succeed , are such ; For it shall exhibit to you and your people , no small security , and comfort . And the same Author , fo. 84. cap. 36. saith thus ; That the King by his Officers ( though the owners would say nay ) may take necessaries for his house at a reasonable price to be assessed by the Constable ; Neverthelesse he is bound by the Law to pay therefore , either presētly or at a day to be limited by the higher Officers of the house : For by the Laws hee may take away none of his Subjects goods , without due satisfaction for the same ; neither doth the King there either by himselfe , or his servants and officers , levie upon his Subjects Tallages , Subsidies , or any other burthens , or alter their Laws , or make new Laws without the expresse consent and agreement of his whole Realme in his Parliament . And thus I have done with the positive part of my argument , and I will indeavour to be shorter in the rest . THE SECOND PART . NOw in the second place , I will give an answer to all such objections that have beene made by the Counsell of the King at the Barre ; and by some of my Brothers in their arguments against these Statutes . First , it hath beene objected , that the Statute de Tallagio non concedendo was not a Statute . And this was insisted upon by Mr. Solicitor , and not without many probabilities of the Kings not then being in England , and many other things by him alledged ; Yet because it hath beene generally agreed by all that have argued since , that it was and is an Act of Parliament , and is so recited in the Petition of right , I will say no more to that ; But thereby and by his insisting so much upon that to be no Statute , I doe conceive that he understood that Statute to be ( as indeed it is ) a forceable Statute against this imposition of a charge by Writ , without the consent of the Parliament . The second objection was ; That the words , Aides , Tax , and Tallages , doe not extend to this provision of Ships of Warre , and men for defence , and that there is no exception of the aides which are due to the Kings Majesty , for making his eldest sonne Knight , nor aides for mariage , nor other aids by tenures . The answer is easie : for the words of the Statute of the fourteenth year of King Edward the third , are , That they shall not from henceforth be charged or grieved , to make any aide or to sustaine any charge . These are words so generall , that all is comprehended which charges all ; And for the aides of making the eldest sonne Knight , and the other aides , they are not generall to charge all , but particular , such as are charged by tenure , and neede no exception . And yet in the Statute of 25. Ed. 3. cap. 8. there is an exception ( of other then those which hold by such tenure ) which exception was needlesse , because no charge of any in particular is within any of the acts of Parliament ; but such as are generall , and extend to charge all the Subjects of the Realme , as this doth . There hath beene another objection made against the Statute of 14. Edw. 3. that it should be but temporary , for the time of the continuance of those wars ; And my Brother Berkley did except to this Statute , because it is not mentioned in The petition of right . To this there needs no other answer , then the Statute it selfe , First the preamble , and then the body of the Act , ( viz. ) That from henceforth , they shall not be compelled to make any aide or sustaine any charge but by the common consent of the Prelates , Earles , Barons , Great men and Commons of our Realme of England , and that in Parliament ; This is an absolute Statute . It is true , that the latter clause whereby the King was pleased , that the profits to be made of his Wards , Marriages , Escheats , and other profits should be disposed of for the maintenance of the Realme of England , and of his wars in Scotland , France , and Gascoy , and elsewhere , during the said warres , This was a matter of the Kings bounty and Grace , and was to continue no longer ; And to say , that because it was not particularly mentioned amongst other in The petition of right , therefore it should be of no force , doth not stand with any reason to impeach the Statute , nor many others that are not there enumerated . The last and greatest Objection that hath beene made , first by my Brother Crawley , and after by others , and insisted upon by my Brother Iones , is ; That this is a Prerogative , or power Royall , so incident to the Kings Majesty , that it cannot be taken away by any act of Parliament ; And , as it was said , it is proprium quarto modo : And in proofe thereof it was affirmed , that when there was in the beginning of King Iames his raigne a purpose to have taken away all tenures by an act of Parliament , and to have shut up the Court of Wards ; It was resolved by the Judges , that such a Statute had beene void . First , I doe agree , that there are many things so incident in power to a King , as are not in the power of any Parliament to take away , as appeares by the case of 1. H. 7. of the disposing of the right of the Kingdome , power of making Warre and Leagues , The power of the coine , and the value of coines , and many other Monarchicall powers and prerogatives , which to be taken away , were against naturall reason , and are incidents so inseparable that they cannot be taken away by Parliament . And yet I will shew you , and prove , that Acts of Parliament have bounded , limited , and qualified the Kings ancient and inherent Prerogatives of like nature , and of as great importance as this is . It it said in Ploydon , in the case of Mines , f. 332. That every Prerogative that the King hath , containes in it selfe a matter of Prescription , and as it is there said ; That before the Statute of , 2. Edw. 3. cap. 12. if one held his Land by Knights service of the King in Capite , and had aliened that land in fee , without the Kings licence , the land was forfeited to the King ; And the King should have had the land to him and his Successors for ever ; The King willeth and granteth , that the King shall not hold them as forfeit : But shall take a reasonable fine , to be assessed in the Chancery by due Processe . And in the same booke , fo. 322. The Kings Majesty might by Prerogative have taken woods in any mans wood , for the repaire of his Castles : but by the Statute of Magna Charta , cap. 21. he is excluded of that ; The words are [ Neither We nor our Bailiffe , nor any other for us ] shall take wood of any other mans , to repaire our Castles , nor to doe any other thing with them , but by good will of him whose wood it is . And by the Statute of 25. Edw. 3. cap. 1. It is enacted that from thenceforth , neither he nor any of his heires , shall take title to present to any benefice of the right of another , of any time of his predecessors . And the King brought a Quare impedit , and made title to an avoidance in the time of King Edward the first Sonne of King Henry the third ; And the Defendant pleaded this Statute , and upon debate and argument , although it was alleadged , that this Statute had not beene put in use , It was adjudged , that being a Statute in force , it might be put in use : And so it was judged against the King . And this is a strong proofe , that in one of the most ancient Prerogatives incident to the King , of Nullum tempus occurrat Regi , which is grounded upon many reasons , yet by an Act of Parliament , this Prerogative was taken away . See the Statute of 7. H. 8. cap 3. The informer is limited to beginne his suit within a yeare , and the King within two yeares and not after , hereby the Kings Prerogative of Nullum tempus is taken away and limited to two yeares . The Statute of 21. Iac. cap. 2. whereby our late King Iames of famous memory , was content to exclude himselfe , to make any title to lands , whereof he hath not beene in possession , or which have not lawfully beene put in charge within sixtie yeares : But enacted , that such persons as doe hold those lands , shall hold them still without trouble : And that Patent of concealement , or defective title , shall not bee a putting in charge , or standing in super within that Statute . I might be infinite in this , but I will conclude with the Statute of 21. Iac. cap. 14. That where the Kings Majesty by his Royall Prerogative , may inforce the Subject in informations of intrusions , to plead specially , and to shew his title , or to lose the possession : The Kings Majesty out of his gratious disposition towards his loving Subjects , and at their humble suit ( being willing to remit a part of his ancient Regall power ) is well pleased that it be enacted : And be it enacted ; That where the Kings Majesty hath beene , or shall be out of possession , for the space of twenty yeares ; or shall not have taken the profits of any lands , or tenements , within the space of twenty yeares ; That in such case the Defendant may plead the generall issue , if they thinke fit : And shall not be pressed to plead specially ; And shall retaine the possession , till the title be tried and found for the King . And that no Scire facias , shall be brought to put the party to a speciall pleading , where an information may be fitly brought . By these and many other of the like nature ; It must be agreed , that ancient , Regall , and inseparable Prerogatives , and powers , may be , and have beene qualified , bounded , and limited for the ease and benefit of the Subjects . And give me leave to say this of Parliaments , that they have beene esteemed by the wisedome of former times , to be so necessary , as there were acts of Parliament heretofore made in the time of King Edward the third ; which you may see , Anno 36. Edw. 3. cap. 10. That for the maintenance of Articles , and Statutes , and for the redresse of divers mischiefes , and grievances , which daily happen , it was enacted that a Parliament should be holden every yeare . Another reason is , that they have beene esteemed necessary for determining of difficult matters : And therefore Bracton , who wrote in the time of King Henry the third , fo. 1 Leges Anglicanae & consuetudines approbatae consensu utentium , & sacramento Regis confirmatae , mutari non poterunt nec destrui , sine consensu & consilio eorum , quorum consensu & consilio fuerunt promulgatae : sin autem aliqua nova & inconsueta emerserint , quae prius usitata non fuerunt in Regno , et obscurum sit eorum judicium , tunc ponentur judicia in respectu usque ad magnani curiam , ubi per consensum curiae terminentur . See to this purpose , an excellent case in 2. Edw. 3. fo. 7. upon the Statute of Winchester , where a robbery was done , and a recovery against the hundred next adjoyning , and a levy made of the Bishop of Coventries tenements , of the Hundreth in Staffordshire , The Bishop came into Court and pleaded a Charter of exemption made by King Richard the first , and a confirmation thereof by King Edw. the first : And for the difficluty upon the Charters , and upon the exposition of the words of the Statute , there came a Writ to remove the record into the Parliament , Quindecim Pasch. and the Sheriffe was appointed to attend there with the money levied . See the Register , where it appeares , that certaine Messengers had from the Pope served Processe upon an Officer of the Court of Chancery , then held at Yorke , to command him by those Bulls to appeare at Rome ; And for this contempt , the party who served the said Processe , was committed to the Castle at Yorke : And at length the Kings Majesty by the intreaty of divers of the Great men of the Realme , was content , upon taking bond , that he should answer the said contempt , ad proximum Parliamentum nostrum , ubicunque illud summoniri contigerit , to deliver him out of prison . Then the Statute of Winchester 2. the twenty eighth chapter of Concordent Clerici in Cancell . de novo brevi , vel attendent in prox . Parliamentum . The further necessity & estimation , which have beene taken to be of Parliaments , is the number and frequencie of them ; For you may see by the commentaries upon Littleton , fo. 100. that before the Conquest , and in the Conquerors time , and after till the end of King Henry the third his time , there were two hundred eighty Sessions of Parliament ; And since almost two hundred . Another reason , as I conceive , to be collected out of the oath , which the Kings of this Realme take at their Coronation , which is Printed in Magna Charta , whereby the King agrees to give consent to such Lawes , as shall be propounded for the profit and good of the Kingdome . And that I conceive is the cause , that when Bills come up , being agreed by both the Houses ; the Kings Majesty , to those he doth not allow , or not like of , doth make no direct deniall , but Le Roy le avisera . For nothing can be done without the Kings consent , who hath sole power to call , to prorogue and to dissolve Parliaments at his pleasure . And I know not , whether the last meeting in Parliament , either by ill choice of the members of that House , or by the great increase of the number , or by the ambitious humours of some members of that house● who aimed more at their owne ends , and designes , then the generall good of the Commonwealth ; Things were so carried , not as was used in ancient time , but so disasterously , that it hath wrought such a distaste of this course of Parliaments , as we , and all that truly love the Commonwealth have just cause to be sorry for it . NOw I come to my third head , that is , to give answer to such precedents as have beene shewed , and insisted upon , to prove that the Kings of this Realme , have made such impositions , even in the matter of Shipping . And herein first they have insisted upon a tribute , or imposition called Danegelt , which was begunne in Etheldreds time , which as it was said , was double , ad placandos Danos , vel ad coercendum Danos , which was very grievous and of long continuance ; For as it was said by my Brother Croke , it was first tenne thousand pounds yearly , then increased to sixteene thousand , then to twenty foure thousand , then to thirty six thousand yearely : And from twelve pence for every hide of Land , to twelve shillings for every hide of land . This Tribute continued after the Danes , for in the time of the Normans , it became to be called a tallage , or taxe ; King Henry the first granted to the Citizens of London to be quit , and free from Danegelt : And the same King about the thirtieth yeare of his raigne , in redemption of his sinne , did grant that Danicum Tributum should be totally released for seaven yeares , as it appeares in Sr. Henry Spelmans booke intituled Glossarium , fol. 200. To this I give this answer , that by the Statute of 34. Edw. 1. De tallagio non concedendo but by Parliament , this was taken away : And thereupon insues a strong argument , that if such a thing as the Danegelt , which had so long continued , were not taken away by these acts of Parliament , it might have beene put in use : For no man will maintaine , that this tribute of Danegelt , can now be imposed at this day by the Kings Writ , under the great Seale , which it might be if these Statutes had not taken it away . And for this purpose , in the Statutes made in the foure and thirtieth yeare of King Edw. 1. cap. 8. The King grants to Clerkes and Lay-men , that they shall have their laws , liberties , and free customes , as they have used the same at any time when they had them best ; And if any Statutes have beene made , or any customes brought in by us ; or our Ancestors to the contrary , that they shall be void and frustrate for evermore . And concerning the generality of precedents , which have beene made use of on the one side , and on the other , out of Membrana's , Patents , and Commissions , and answers to petitions in the Rolls of Parliament ( to Petitions ; ) I am very sorry that such obsolete and ancient things , have beene mentioned , many of which , in my judgement , had beene better to have slept in silence , then to have beene spoken of in these times . But for a generall answer to all such as have beene shewed before , the Statutes de Tallagio non concedendo , And the Statute of 14. Ed. 3. may be given , And that is that they are of no force being now expresly taken away by the said Statutes ; And to such as have been shewed since , some in the time of Edward the third , they are but very few , and being directly contrary to the Statute then in force , they are not available to prove the lawfulnesse of this Taxation : besides , King Edward the third acknowledged that he had charged his people with great burthens , and desired that they might be forgotten ; And that he was urged to it by necessity , and not for any ill end of his owne , as appeared upon the reading thereof in Court . And lastly , there were many effectuall precedents shewed , that for imbarging of Ships , and for building of Gallies at Bristow , specially set downe in number , and the content , and so in divers Port Townes : And they are injoyned , in fide quanobis tenemini , et sicut honorem nostram diligitis , & exhereditationem nostram vitare , & sicut nos ipsos indempnos servare volueritis ; herein is a strong command , and as great necessity ; And yet there was a Clause in these Commissions , ( viz. ) Et vestrum quod ad illud posueritis , cum illud sciverimus in exitibus Balivat ' allocari faciemus . And in 2. Hen. 4. Parliament recites that where divers Commissions were made to divers Cities , Boroughs , and Towns , to command the making of certaine Barges , and Billingers without the assent of Parliament , and in another manner then had beene done before ; The Commons did pray the King , that the said commissions might be repealed , and that they should bee of no force , or effect ; And the King answered , that the said commissions should be repealed for ever . But for the great necessity of such Vessels , for the defence of the Realme in case that the Wars doe come , the King will commune of this matter with the Lords , and after he will shew it to the Cōmons to have their consent . And so I leave those precedents , which together with some other Objections , have beene fully answered by my brother Croke , and proceed to my further point . THat is that since the time of Richard the second , and Henry the fourth , there have beene no such thing attempted , and that this disuse is a sufficient matter to prove the unlawfulnesse ; For since that time , though there have beene in the raignes of many Kings , occasion of imployments , both of ships for the defence of the Sea , and service of the Land , yet the course and order of defence hath been by severall other waies : As by commissions to provide men for to serve for wages ; And by Indentures of covenants , which were very frequent to be made betweene the Captaine , and the King , that he should covenant to serve with so many men , for such particular times , and for such wages as were comprised therein , and the precedents of moderne times have beene this way all for wages . This is proved by an Indenture made in the fifteenth yeare of Edward the fourth , and Sr. William Pirton Knight , reciting that the King had disposed of an Army of foure thousand men for the narrow Seas , and the keeping of them ; And that he should have constantly foure hundred sixtie men under him , for foure moneths , The Kings Majesty was to finde the ships furnished with Guns , Powder , Artillery , and Victuall , and that the said William Pirton , should take wages for every of his Companie , ( viz. ) two shillings a week , and the times appointed for the payment thereof . And the eight and twentieth of King Henry the eight it appeares , by a letter under the privy Signet then , when by command men were raised in the County of Lancaster , and by command comming towards the county of Lincolne , to aide the suppression of rebells , The rebells having submitted before they came , they were commanded to returne , and for their charges in their entertainment , and conveying of thē a reasonable bil should be made , and sent to the King by a trusty messenger , and he would cause a convenient recompence to be delivered accordingly . And for that which hath beene insisted upon , that there hath beene Commissions of Array , and provision for Armes , and for preparing Armour from time to time ; It is not to be denied , That first by severall Statutes , as that of Winchester and divers since ; The Armour , and Weapons , wherewith the Subjects of this Realme have beene charged , are severall , and changed according to the variety of times , as things have growne out of use ; And other manner of provision more serviceable and necessary , for which there have beene directions for views , and for trayning , and disciplining of Souldiers , to be prepared for defence ; that this hath beene in use no man can or ever could deny ; or affirme the contrary : But the Armes wherewith they were charged were their own proper goods ; And in all the Prerogatives which have beene before by Mr. Attorney generall urged , that the King hath interest in mens goods , and to execute his writs by his Sheriffes upon mens persons , and in their lands , for giving possession , and for levying amerciaments , and fines , and power to put some of his Subjects out of their possessions , and to deliver the possession therof to others , as it appeares in Ploydon in Manxells case which was vouched by Mr. Attorney generall . This is very true , for this is a thing which the King is bound to doe for the good of his Subjects . For as it is agreed in 34. H. 6. fo. 14. The Kings Majesty is bound to keepe his Courts of Chancery , and all his other Courts at his own charge ; And 39. H. 6. fo. 40. The King is bound to doe Law and right to all his Subjects ; which without these powers and prerogatives could not be performed . Out of these and the like of murage and pontage , there can no sound argument bee drawne , to warrant this provision of Ships , and men , and furniture for warre , when the King will so appoint . But I conceive that it hath beene generally agreed by all the Judges ( nullo contradicente ) that if this Writ of 4. Augusti , which is for provision of a Ship , and furniture , and men , had beene for to have authorized the Sheriffes to have levied monies of the Subjects for that purpose ; That then the Writ could not have given power to have done it , because that would have beene expresly against the Statutes ; And if that be granted , then considering that these Writs to the Sheriffes , are accompanied with instructions , commanding and directing the levying of money , and proportioning what summe is to be raised in every County for that service ; As in the County of Yorke , and in the County of the Citie of Yorke , the summe of twelve thousand pounds , and the summe of eight thousand pounds for the County of Lincolne : And so a proportion of money for every County for that purpose : The consequence thereof may be this , that this levy , which hath obtained the name of Ship-money , and wherein no indeavour hath ever beene made for preparing any such Ship , or furniture , or men , as the Writ in it selfe purports , is not pursued , or warranted by this generall levy of ship , money : for it is a rule , Id quod non fieri potest directe , ex obliquo fieri non debet . I confesse that divers of the Kings of this Realm , have upon some pretended occasions , taken upon them by perswasion of some Great men in their time , and assumed a Royall and Monarchicall power , to levy monies by Commissions , and have extended that power very farre , whereof you may read , That in the seaventeenth yeare of King Henry the eight ; Cardinall Woolsie was charged to have beene the cause of directing Commissions into all Countries , for the levying of the sixt part of all mens goods , and the sixt part of their Plate , for that the King was then determined to make warre with France , and to passe the Sea himselfe : This being attempted by inforcing some , and sending others to prison , it grew to be so generally misliked , that the people rose up in divers Countries , and thē the King disclaimed that it was done without his Privity : The Cardinall charged it to be done ; first by the consent of the Counsell ; which they denied ; then he charged the Judges to be consenting , which being untrue , the Cardinall tooke it to himselfe ; And all the Commissions were recalled , you may see it at large set downe in divers Chronicles : And in the latter times of our gracious Queene Elizabeth , upon pretence of want , for expeditions in Ireland , There was a generall Benevolence required , and it went on for a time , and so farre as it came to be voluntarily levied in the Innes of Court ; And I can speake it of my own knowledge , I paid a sum , I think but twenty shillings , & others paid likewise : But not long after ( as it was said ) when the Queene was informed , that this Benevolence was expresly against the Statute of Richard the third , and against the Laws , and distastfull ; All the monies levied was commanded to be restored and repaied , and mine was , and the rest was so to others , as I heard , and doe verily believe ; and this was attempted by so gracious a Queen . And to speak nothing of the Commission dated the thirteenth day of October , in the second yeare of our gracious Soveraigne Lord the Kings Majesty , for the Loan and levying of the five Subsidies , which was effected , and acknowledged after not to be warranted by the Laws and Statutes : This point is apparent , That in time of necessities these Legall or Monarchicall Powers have been assumed in the times of other Kings . And hereupon I conclude these points , That the Statutes have taken away this power of charging the Subjects of this Realme with any generall and publique Charge , Aide or Tallages , or burthens for any businesse , but onely by their consent in Parliament , and no Usage , Precedent , or Custome , if any such have been , can by Law take away the force of these Acts of Parliament , so long as they stand in force . And I doe absolutely beleeve , that if the Kings Majesty had not been perswaded by some opinions , that this course was warranted by Law , and Custome of the Realme , that he would not have attempted the same . NOw I proceed to the fifth part ; That the matter which is contained in the Writ of 4. Augusti , Anno 11. Car. doth not contain sufficient matter to warrant this levy . First , the words of the Writ are not any affirmance directly of any danger , for they are but Quia datum est nobis intelligi ; this is but of information , and not ex certa scientia , which are of more force : The other words are but of information or suggestion . Then for the matter ; It containes onely these points , That there are many Pirats and Sea-robbers , congregated upon the Sea , to take away some of our Subjects into miserable Captivity , and to hinder our Merchants to bring in their merchandizes and goods , and the goods and Merchandizes of the Subjects of our friends comming and traffiquing hither ; and spoyling of our Merchants : And for that the Sea hath bin , and ought to be defended by Gentem Anglicanam , And they inttending to trouble the Kingdome ; And we considering the danger every where now imminent , and desiring the defence of the Realme , the safe-gard of the Sea , the security of our Subjects , the safe conducting of the ships of our Merchants , & of their merchandizes , to come into our Realme , and to goe forth of the Realme , and willing to provide for their aid , doe therefore direct this Writ . Here is no matter of any publique danger to all the Subjects , no intended comming upon the Land , but to robbe and spoile as Pirates by Sea , and conspirators to molest Merchants , to hinder traffique , to take some prisoners , as have bin done heretofore , sometimes by the Dunkirks , and many times by the Pirats to Argiers . All this is but such a defence as doth require but the ordinary defence , to the which the Kings Majesty is solely bound for to see performed , for the ordinary benefits , that he hath of Customes , and Subsidies of Wines , and other profits , besides the Tunnage and Poundage ; And the Ships which are provided by the Cinque ports , for which they have many priviledges . This matter contained in the Writ , by all the particulars , doth not comprize any generall assault or attempt to be made for taking any Townes , as hath beene beforetime . Another reason to prove that the Writ doth not containe sufficient matter to induce a generall charge ( is to be collected , ) That this being perceived , it is contained more amply , and laboured to be aided and supplied by the words put into the Mittimus , which are of more efficacie ; For therein is contained , which is not in the Writ of 4. Augusti : Quod pro defensione Regni , & tuitione maris ; And for that , Salus Regni nostri Angliae & populi nostri periclitabatur : And the recitall of [ Datum est nobis intelligi ] is omitted , but hereby affirmed positively . And where my Brother Berkley insisted ; That the matter contained in the Mittimus was sufficient to supply the Writ of 4. Augusti , if it were not so fully expressed as it should have beene . Thereunto I make this answer , Quod in initio non valet , tractatu temporis non convalescet : Besides the date of the Writ of Mittimus is the fift of May Anno 13. Car. Regis , which is almost two years after the Writ of 4. Augusti did issue ; And this is a very late supply : And therefore that Case was vouched by my Brother Berkley which was Dowmans Case An. 25. & 26. Eliz. and reported by my Lord Cooke in his ninth booke , wherein it is adjudged that when a Fine or Recovery is suffered and no uses declared , That an Indenture subsequent declaring that the fine or recovery was to such uses , shall be sufficient in Law , to lead to the uses of those proceeding assurances ; Which I agree to be good Law . But that doth not resemble this case , for this must be good in the foundation , or no subsequent declaration can make that good which at the first was not . And that I prove by two Cases directly adjudged . The first is Vernons Case Anno 14. Eliz. adjudged and reported by my Lord Coke in his fourth booke upon the Statute of joynture● A man intending to make a joynture to his Wife to barre her of her Dower , maketh a Feoffement of his land to the use of himselfe for his life , and then to the use of a friend for his life , and then to the use of his wife for a joynture ; Although by successe of time it happeneth that the friend dye in the life of the feoffor , and so the wives estate becomes immediate to begin upon her husbands death , and might have beene a good joynture , if it had beene so made at the first , yet this case is adjudged to be no joynture , for it was not good in the foundation , and that which was defective in the Originall , is no● good by any accident subsequent . And in the Lord Chenyes Case reported by my Lord Coke in his fift Booke , fo. 62. in the foure and thirtieth year of Queene Elizabeth , It is resolved upon the Statute of Wills , that the estate contained in a Will in writing , which is the foundation and ground , must be such as is expressed in the written originall Will , and that no averment or subsequent proofe of intention , or explanation can adde or supply any thing to that Originall . And as in these cases the originall foundation cannot be supplied by subsequent addition ; So the Writ of 4. Augusti being the Originall , cannot be supplied by subsequent explanation . Another Exception is , that by the Writ , all the Kings Majesties Subjects are to bee rated and taxed to contribution , other then such as have part in the Ship , or else doe serve therein . And hereby the Sheriffe of every County , must either not be taxed or not contribute , for it is inconvenient nor can be done , that every Sheriffe should taxe himselfe . Next for the Writ of Certiorare , that is very unusuall to be directed to two severall Sheriffes being then no Sheriffes , to certifie what taxations they had made upon that Writ ; They were then no Officers : but it should either have come by Inquisition , or by the return of the then present Sheriffe , to have certified what his predecessors had done in their times , and not this way which was never before heard of . And then touching the Scire facias it selfe , I am of opinion that it doth not lie , for many causes : First , the summe so assessed doth not appertain to the King ; And for the Kings Majesty to have a Scire facias , for to inforce him to do or pay that which belongs to another , is not usuall . Secondly , it is not shewed that any Ship , or provision of men , or munition , was prepared or provided , which is a contempt in the Sheriffe . Thirdly , the direction by the Writ is to distrain , or to commit to Prison such as shall refuse ; and no other course appointed by the said Writ , for the levying thereof . Fourthly , the Scire facias ought to be awarded out of a Presentment , or Inquisition , whereby the matter may be found , whereby the King is entituled , or upon some Presentments which concern the Common-wealth , as presentments that a common bridge is in decay , and that either a particular man is bound to repaire it , or that it is in default of the County , or of the inhabitants of such a Hundred ; And the like for repaire of high-waies : there I agree as was said by my Brother Trevor , A Scire facias is usually awarded out of the Exchequer ; But I conceive these prove , that without a presentment or inquisition that no Scire facias doth properly lye or ought to be awarded . And th●refore I will conclude this with the Case of 2. Edw. 3. fo. 2. the King by his Writ directed to the Sheriffe of Lancaster , reciting , That where Sr. Iohn Langton had delivered divers summes of money to one Robert his Companion , to come to the King in aide of his warres in Scotland . And the said Robert did not come , but did spoile and take the Goods and Chattels of divers of our Subjects in the said County , and did rob , and spoile , and wast the goods of our Subjects to the Value of two thousand li. ut accepimus le Roy command to the Sheriffe , De attach the body of the said Robert , and he was attached , and did appeare : And by his Counsell alledged , that upon this suggestion the King being not otherwise apprised by indictment or otherwise , this suit did not lie for the King , and the parties grieved may have their suits . And thereupon the Court was advised , and took time to speak with the Chancellor , to see if he had any matter , out of which the said Writ was awarded : And afterwards , because this Writ was grounded upon a suggestion against the Common Law , therefore the said Robert was discharged , which is a stronger Case then ours . And for these reasons I conclude this Part , that no Scire facias ought to be awarded in this case . NOw it remains to give answer to that which hath been before objected and spoken of onely by Mr Solicitor , that the Judges had before given their opinions to warrant the legality of this charge , and subscribed their names . First , I doe affirme , and it doth appear by my Argument , that this Case now in question doth not concern nor contradict the matter of the Subscription ; for the matter whereunto the Subscription was made , is , That when the good and safety of the Kingdome in generall is concerned , and the whole Kingdome in danger , That then for the defence of the Kingdome from such danger , the King may by Writ impose the provision of Ships with furniture and men . But if onely there be Pirats and Robbers of the Sea assembled together by Sea to rob , spoile , and take the goods and marchandises that are to be brought into the Kingdome , and safe conducting of the Merchants from spoile , as no other particular thing is alledged in the Writ of 4. Augusti , I think it will be granted that this doth not by our opinions inable the King to make such a generall charge upon that occasion . But if there were an intended Invasion , & that known to the Kings Majesty whom it concernes most , and upon such an intention , in such a case of necessity , which is and may be termed a time of such danger , as it may be ●it to prepare fo● 〈◊〉 of the Realme , Then I am of opinion that in such a case , all that hath been said , that Necessitas est Lex temporis , and Salus Reipublicae est summa lex , and then Silent inter arma leges , might be just causes for that time onely to make a preparation of Ships . And in this case here doth not appeare that there was not any one Ship provided or prepared by any Sheriffe . The King is the sole owner and Lord of the Sea , and hath power thereof : And as it was agreed in a notable Case that was adjudged in the Exchequer , Mich. the fourth yeare of King Iames , against one Bates , wherein I was then of Councell , the King may lay an Imposition upon forraine commodities to be brought into this Realme , for there was 5. s. laid upon every hundred weight of Currants , over and besides the 2. s. 6. d. for poundage : And Bates having notice of this Imposition , brought in a Ship fraighted with Currants , & payed the 2. s. 6. d. for poundage , but refused to pay the 5. s. for every hundred weight : And upon information , the Case was argued at the Barre , and at the Bench ; and it wa●●djudg●d , that the Imposi●ion was lawfull , and that the King in his prerogative had totum dominium maris , and that all the Ports were the Kings , and that the King had sole power to restraine or forbid the going beyond the sea ; the sole appointment into what Countries the Merchants should or might trade , and to appoint into what countries they should not trade . And for these respects , the King was to maintaine the Ports , to provide for the safety of the Merchants , and to cleare and scowre the narrow Seas from Pirats and Robbers , for the doing whereof was added the tonnage and poundage by grant in Parliament . Lastly , these sudden opinions , when Judges heare no Arguments , are of no such force as to bind them to continue the same opinion : But that when they shall have heard Arguments , and be better informed , they may alter and change , which hath usually happened . Besides , as it is very well knowne , wee were not all of opinion , but the greater number then concurring , the Subscription was for conformity , as sometimes is used in such cases . Lastly , it hath been objected , that the Defendant by his generall Demurrer hath confessed all the matters to be true which are surmised in the Scire facias . To this it is answered , that a Demurrer confesseth the matters of fact which are sufficiently alledged ; but such matters in fact as are not sufficiently alledged , those are not confessed , but left to the judgement of the Court . See these Cases so adjudged and resolved in these Books , Coke Lib. 4. fo. 43. in Hudsons Case , matter sufficiently alledged est confesse : And according to this it is agreed in Hindes Case , in the same Book , fol. 71. The very expresse Case is that of Birton upon Usury , which was , Anno 33. & 34. Eliz. where it is adjudged that a Demurrer confesseth nothing that is insufficiently alledged ; as where a matter of usury is alledged , and is not so sufficiently alledged , that it appeares to be Usurie , the Demurrer doth not confesse that to be Usurie , as is pretended . So likewise in this case , the Demurrer general doth not nor can supply the defect of the matter which should have been comprised in the Writ of 4. Augusti . The Demurrer confesseth that there was such a Writ , but doth neither confesse the lawfulnesse thereof , nor the defect of the insufficient alledging of any matter which should have beene contained therein . And thus with as much brevity and perspicuity as want of memory and other infirmities which attend upon my age would suffer me , and without either preamble or protestation , I conclude with that , which my brother Berkley used in the beginning of his speech , That the people of this Realme are Subjects , and not slaves ; Free-men , and not villeins ; and therefore not to be taxed De alto & basso , and at will , but according to the Laws of this Kingdome . And therefore I conclude , that neither for the matter , nor for the manner , this Writ of Scire facias brought in this Court of Exchequer , upon the tenour thereof , can be maintained . And therefore in my opinion I advise the Barons to give judgement accordingly for the Defendant . This is the same which I did deliver in my Argument in the same manner that I did argue . FINIS . THE CERTIFICATE OF Sir JOHN DENHAM , Knight , One of the Barons of the Exchequer , concerning SHIP-MONEY . 26. Maii , Anno Do. 1638. MAy it please your Lordships , I had provided my selfe to have made a short Argument , and to have delivered my Opinion , with the Reasons ; but by reason of want of rest this last night , ( my old disease being upon me ) my sicknesse and weaknesse are greatly increased , insomuch that I cannot attend the businesse as I desire : And if my Opinion be required , it is for the Plaintife . JO : DENHAM . Serjeants-Inne in Fleetstreet , 26. Maii ; 1638. His second Certificate directed to the Lo : Chiefe Iustice Bramston , 28. Maii , 1638. My Lo : VNderstanding that some misconstruction was taken by some in the declaration of mine opinion , which I desired your Lordship the last Saturday to deliver in my name ; for farther satisfaction therein , although I was most desirous to have passed my Vote in silence in this work of w●igh● , by reason I heard not the last foure Arguments , yet I delivered my opinion for the Plaintife , which I took to be Hampden , by reason it appeared by the Record , that hee comming in upon Processe , Queritur se colore praemissorum graviter vexari , & hoc minus juste , &c. which satisfied me that he was Plaintife . And therefore I now declare my opinion for Mr Hampden , who did demur . I shall onely deliver these two Reasons for maintaining of my Argument . THe first is , That His Majesty is Sola & suprema Iustitia regni : And the rule of the Law is , and hath alwayes been , That his Majesty can doe no wrong . And thereupon ariseth another Rule in our Law , ( which I give for my second Reason ) That the Kings Majesty ( being of an incorporate capacity ) can neither take any lands or goods from any of his Subjects , but by and upon a Judgement of Record , which according to our daily experience in the Exchequer , there must precede some Judgement in that or some other Court of Record , whereby His Majesty may be entituled either to the Lands , or goods of a Subject : As namely , where seisures of goods of a Subject is made for His Majesty , either upon Outlawries , Attainders , or matters of the like nature , as in Cases of Seisure in the Court of Exchequer , where Seisures are given by the Statute : yet without a Judgement in that Court , upon a tryall for the King , the goods are not to be recovered to the use of the King , as forfeited . Upon consideration whereof , and comparing the same with His Majesties Royall Writ , I find no Judgement thereupon had or given , which were the chiefest reasons of my opinion for Mr Hampden . 28. Maii , 1638. FINIS . The Argument of Sir George Crooke , Knight , one of the Judges of the Kings Bench , upon the case of the Scire facias out of the Exchequer , against Iohn Hampden , Esquire , decimo quarto Aprilis , Anno Domini , 1638. The Case is this upon the Record , THe King , by Writ under his great Seale , dated 4to Augusti anno 110 of his reigne , directed to the Sheriffe of the County of Bucks , and to all the men of that County , commandeth them in these words : Quia datum est nobis intelligi , Quòd Praedones quidam Pirati , ac maris Grassatores , tam nominis Christianae hostes Mahumetani , quàm alii congregati , Naves , ac bona , ac mercimonia non solùm Subditorum nostrorum , verùm etiam Subditorum amicorum nostrorum in mari , Quòd per gentem Anglicanam ob olim defendi consuevit , nefariè diripientes & spoliantes ad libitum suum , deportavere hominesque in eisdem in captivitatem miserrimam mancipantes . Cumque ipsos conspicimus navigium indies praeparantes ad Mercatores nostros ulterius molestand ' , Et ad regnum gravand ' , nisi citiùs remedium apponatur , eorumque conatum viriliùs obvietur . Consideratis etiam periculis quae undique his guerrinis temporibus imminent ; Ita quòd Nobis & Subditis nostris defensionem maris & regni omni festinatione quâ poterimus accellerare convenit . Nos volentes defensione regni , tuitione maris , securitate Subditorum nostrorum , salva conductione navium & merchandizarum ad regnum nostrum Angliae venientium , & de eodem regno ad partes exteras transeuntium ( auxiliante Deo ) providere ; Maximè cum Nos & Progenitores nostri Reges Angliae , Domini maris praedicti , semper hactenus extiter , & plurimum nos laeder ' , si honor iste Regius nostris temporibus depereat , aut in aliquo minuatur . Cumque onus istud defensionis quod omnes tangit , per omnes debeat supportari , prout per legem & consuetudinem regni Angliae fieri consuevit . Vobis praefatis Vicecomitibus , Ballivis , Burgens . Maioribus , probis hominibus , & omnibus aliis quibuscunque supramencionat ' in Burgis , Villis , Villatis , Hamlettis , & locis supradictis , eorumque membris in fide & ligeancia , quibus nobis tenemini , & sicut nos & honorem nostrum diligitis : Necnon sub forisfactur ' omnia quae nobis forisfacere poteritis firmiter injungemus . Mandamus quòd unam navem de guerra , portagii 450. dolior ' cum hominibus , tam magistris peritis , quàm marinariis valentior & expertis centum & octoginta ad minus , Ac tormentis tam majoribus quàm minoribus , pul●●● tormentario , ac hastis , & telis , aliisque armatoriis necessariis pro guerra sufficien ' : Et cum duplici Escippamento , necnon victualibus usque ad primum diem Martii tunc proximè sequentem , ad tot homines competen ' ; & ab inde i● viginti & sex septiman ' ad custagia vestra tam in victualibus , quàm homin ' salariis , & aliis ad guerram necessariis per tempus 〈◊〉 super defensionem maris in obsequio nostro in Comit ' custodis maris , cui custodiam maris ante praedict ' primum diem Martii committemus , & prout ipse ex parte nostra dictaverit moratur parari ; Et ad portum de Portsmouth citra dictum primum diem Martii duci faciatis . Ita quòd sint ibidem eodem die ad ultimum ad proficiscend exinde cum navibus nostris , & navibus aliorum fidelium Subditorum nostrorum pro tuitione maris , & defensione vestrum & vestrorum , repulsioneque , debellationeque quorumcunque Mercatorum nostrorum , & alios Subditos & fideles praedictos in Dominia nostra ex causa Mercatur ' se divertentes , vel abinde ad propr ' declinantes super mare gravare , seu molestare satagent ' : assignavimus autem te praefatum Vic' Bucks ad assidend ' omnes homines in villis de Agmundesham , Wendov ' , & Marloe magna , & in omnib●s aliis Villis , Villatis , Burgis , Hamlettis , & aliis ●ocis-in Com' Bucks , & terrae tenentes in eisdem navem vel partem navis praed ' non habentes● vel in eadem non deservientes , ad contribuend ' expens . erga provisionem praemiss . necessar . Et super praedictas Villas , Villatas , Burgos , Hamlettas , & locos cum membris eorundem , sic ut praefertur , assidend ● ponend ' viz. Quemlibet eorum super statum suum , & facultates suas , & portiones super ipsos assessat ' per districtiones , aliosve modos debitos levand' & Collectores in hac parte nominand ' & constituend ' , Ac omnes eos quos rebelles et contrarios inveneris in praemissis , in carcere mancipand ' in eodem moratur , quousque pro eorum deliberatione ulterius duxerimus ordinand . Et ulteriùs mandamus quòd citra praemiss . diligenter intendatis , et faciatis , et exequamini cum effectu sub periculo incumbente : Nolumus autem , quòd colore praedicti mandati nostri , plus de eisdem hominibus levari faciat , quàm ad praemiss . sufficiat expens . necessar . Et quod quisquam qui pecuniam de contributionibus ad praedict ' custag ' faciend ' levaverit , eam , vel partem inde aliquam penes se detineat , vel ad alios usus , quovis●quae sito colore appropriare praesumat , volentes quòd si plus quàm sufficiat collectum fuerit , hoc inter solventes pro rata portionis ipsis contingen ' exsolvat ' . By vertue of this Writ , Master Hampden is assessed to twenty shillings for his lands in Stoke Mandivill in that County , which not being paid , is certified ( amongst others ) into the Chancery upon a Writ of Certiorari , dated 9. Martii , anno 12. Car. by a Schedule thereunto annexed : And by a Writ of mittimus Teste , 5. Maii , 13. Car. this Writ of quarto Augusti anno 11. Car. and the Writ of Certiorari , and the Schedule annexed is sent unto the Exchequer , with a command there to doe for the levying of the summes so assessed and unpaid ( Prout de jure , et secundùm legem regni nostri Angliae fuerit faciend . ) Whereupon a Scire facias issued out of the Exchequer , reciting the said Writs , to warn Master Hampden amongst others , to shew cause why hee should not bee charged with this money . Upon this , he being summoned , appeareth , and demands the hearing of those Writs and Schedule , which being entred , thereupon he demurreth in law . And whether judgement upon this whole Record be to be given against Iohn Hampden , that he is to be charged or no , that is the question : for hee is the onely party in this Case : And there is no cause , why any man should say , that the question is , Whether judgement should bee given for the King , or for the Defendant ; for , as this case is , the King is no party to the Record , but onely it is a judiciall process out of the Exchequer , grounded upon those former Records for the Defendant , to shew cause why hee should not bee charged , which hath been very elaborately argued by the Defendants Councell ( who demurred ) that hee should not be charged ; and by the Kings Councell very learnedly and elaborately argued , that he should be charged . This Case is a Case of great weight , and the greatest Case of weight that ever wee reade argued by Judges in this place ; and therefore adjourned into this place , for advice of all the Judges : For of the one side it is alledged , that it concerneth the King in his Prerogative and power Royall : And on the other side , that it concerneth all the Kings Subjects in their liberties , their persons , and their estates : For which cause , it hath made some of us to wish and move among our selves , that it might have been ( by his Majesties favour ) heard and determined in another place by his Majesty , and his great Councell of his Realme : Where all conveniencies and inconveniencies might have been considered of , provided for , and prevented for present and future times , and not to bee argued onely by us , who are accompted his Majesties Councell at law ; wherein if any thing be done amisse , the fault must light upon us , as mis-advising the King therein : But seeing that it hath pleased his Majesty , that the same should be argued and determined in this place , whose pleasure we must obey , I must give my best advice upon my oath to the best of my skill ; wherein , I hope not to trench upon his Highnesse Prerogative , which wee are all bound by our oaths to the best of our skills to maintain , and not to suffer to be diminished ; nor upon his Royall power : but truly to deliver what I conceive the law to bee concerning the Case in question . Wherein I must confesse , I have been much distracted , having heard so learned Arguments on both sides at the Barre ; and so many Records and Presidents cited on either side : But they did not so much move mee ; for the Councell have of either side pressed such reasons and arguments , and cited such Records , as they thought convenient for the maintaining of their opinions ; and perhaps with a prejudicate opinion , as I my selfe , by mine owne experience , when I was at the Barre , have argued confidently : And as I then thought the law to be of that side for whom I argued ; but after , being at the Bench , weighing indifferently all reasons and authorities , have been of a contrary opinion : And so the law hath been adjudged contrary to that opinion , which I first confidently conceived ; but that which hath moved mee most , and maketh me most mistrust mine owne judgement in this Case , is , That all my Brothers ( who have all argued upon their oaths , and I presume , have seene the Records and Presidents cited on either side ) have all argued one way , with whose opinions I should willingly have concurred , if I could have satisfied mine owne judgement with their reasons ; but not being satisfied , I have learned , that I must not runne with a multitude against mine owne conscience : for , I must stand or fall unto mine owne Master ; and therefore I shall shew mine owne reasons , and leave my selfe to the judgements of my Lords , and others my Brethren : And whatsoever shall be adjudged , I must submit unto , and so doe wish all others ; and doe now declare mine opinion to be , That , as this Case is , judgement ought to bee given for the Defendant . But before I proceed to the Argument , I desire to remove two difficulties : First , that by the Demurrer the danger of the Kingdome is confessed , and so to be a Case of necessity . To this I answer , that the Demurrer confesseth not matters in fact , but where the matter is legally set down ; but if it be not a legall proceeding , then the Demurrer is no confessing of the matter in fact . This appeares in the Book Case of 5. Hen. 7. fol. 1. and Cook , lib. 5. fol. 69. in Burtons Case , that a Demurrer is no confessing in matters of fact ; but where the matter precedent is sufficiently pleaded and laid downe , and so it is holden in all our Bookes . The second difficulty is , that this Case is so resolved by all our opinions under our hands , That this Writ was legall , which was much pressed by Master Solicitor . To this I answer , that it is true I have set downe mine opinion under mine hand unto a Case in February 1636. which is , that when the good and safety of the Kingdome in generall is concerned , and the whole Kingdome in danger , his Majesty may , by Writ under the great Seale of England , command all his Subjects of this Kingdome , at their charges to provide and furnish such number of ships with men , victualls , and munition ; and for such time as his Majesty shall thinke fit for the defence and safeguard of the Kingdome from such danger : And that his Majesty may compell the doing thereof ( in case of refusall and refractorinesse ) and that in such case his Majesty is the sole Judge of the danger , and when , and how the same is to bee prevented and avoided . To this opinion , I confesse , I then with the rest of the Judges subscribed my hand : But I then dis-assented to that opinion , and then signified mine opinion to bee , that such a charge could not bee laid by any such Writ , but by Parliament ; and so absolutely in that point one other did agree with mee , and dissent from that opinion which was after subscribed , and some others in some other particulars from that which was subscribed : But , the greater part seeming to bee absolutely resolved upon that opinion , some of them affirming , that they had seene divers Records and Presidents of such Writs , satisfying them to be of that judgement , I was pressed to subscribe with them : for that the greater opinion must involve the rest , as it was said to bee usuall in Cases of references . And that the lesser number must submit to the opinion of the more , although they varied in opinion ; as it is in our Courts , if three Judges agree in opinion against one or two , where there is five Judges , judgement is to be entred per Curiam , if the major part agree , and the others are to submit unto it . So in Cases of conference and certificate of their opinions , if the greater part did agree and subscribe , the rest were to submit their opinions : And this ( by more ancient Judges then my selfe ) was affirmed to bee the continuall practice ; and that it was not fit , especially in a Case of this nature so much concerning the service of the King , for some to subscribe , and some to forbeare their subscription . And that although wee did subscribe , yet it did not bind any , but that in point of judgement , if the Case came in question judicially before us , we should give our judgements , as wee should see cause , after the hearing of Arguments on both sides , and not to be bound by this sudden resolution . Hereupon I consented to subscribe ; but I then said , in the meane time the King might be mis-informed by our Certificate under our hands , conceiving us all to agree together , and give him this advice under our hands , and not know that there was any that dissented , or was doubtfull : But it was then said , the King should bee truly informed thereof . And thereupon , we that did dissent , did subscribe our hands with such protestations as aforesaid , onely for conformity , although contrary to the opinion I then conceived . But this being before Arguments heard of either side , or any Presidents seen , I hold that none is bound by that opinion : And if I had been of that opinion as was subscribed , yet now having heard all the Arguments of both sides , and the Reasons of the Kings Councell to maintain this Writ , and why the Defendant is to bee charged , and the Arguments of the Defendants Councel against the Writ , and their Reasons why the Defendant should not bee charged to pay the mony assessed upon them : And having duly considered of the Records and Presidents cited and shewed unto mee , especially those of the Kings side , I am now of an absolute opinion , that this Writ is illegal , & declare my opinion contrary to that which is subscribed by us all . And if I had been of the same opinion as was subscribed , yet upon better advisement , being absolutely settled in my judgement and conscience , in a contrary opinion I thinke it no shame to declare , that I doe retract that opinion : for , Humanum est errare , rather then to argue against mine owne conscience : And therefore now having ( as I conceived ) removed these difficulties , I proceed to my Argument , and shall shew the Reasons of mine opinion , and leave the same , as I have said , to my Lords and Brethren . My reasons and grounds that I shall insist upon are these : That the command , by this Writ of 4. Augusti , 11. Caroli , to make ships at the charge of the inhabitants of the County ( being the ground of this suit , and cause of this charge ) is illegall , and contrary to the Common law , not being by authority of Parliament . That if at the Common law it had been doubtfull , yet now this Writ is illegall , being expresly contrary to divers Statutes prohibiting any generall charge to bee laid upon the Commons in generall , without consent in Parliament . That it is not to bee maintained by any Prerogative , or power Royall , nor allegation of necessity or danger . That admitting it were legall , to lay such a charge upon Maritine parts ; yet to charge an Inland County , as the County of Bucks is , with making ships , and furnishing them with Masters , Mariners , and Souldiers at their charge , which are farre remote from the Seas , is illegall , and not warranted by any former President , &c. I shall examine the Presidents and Records cited to warrant this Writ , which have been all the principall grounds of the Arguments to maintaine the same . And I conceive , there is not one President nor Record in any precedent time , that hath beene produced and shewed unto mee , that doth maintaine any Writ to lay such a charge upon any County , Inland , or Maritine . I will examine this particular Writ , and the severall parts thereof , and doe conceive that it is illegall , and not sufficient to ground this charge upon the Defendant . The motives of this Writ are not sufficient to cause such a Writ to be sent . The command of the Writ , to prepare a ship at the charge of the inhabitants with munition and men , is against the Common law , and Statutes . That to lay a charge of finding victuals , and wages of Souldiers and Mariners , is illegall , and contrary to the Common law , and divers Statutes . The power of assessment given to the Sheriffe alone , and to distraine for this , is illegall , and not warranted by any President . The power of imprisoning is illegall , and contrary to divers Statutes , and not warranted by the Presidents . That the perclose of the Writ , & the practice of it is contrary to it self , and oppositū in objecto . If this Writ were legall , yet the manner of assessment by the Sheriffe , as it is certified , is not warranted by the Writ : So consequently this summe cannot bee demanded of the Defendant by vertue of this Writ . That the Certiorari , and Scire facias , issued not out legally ; and so consequently no judgement can bee given against the Defendant thereupon . For the first point , that this Writ of 4. Augusti , 11. Car. is against the Common law , my Reasons are these : Because , that this is the first Writ , since the Conquest , that went to any Inland County , to prepare a ship with men and munition , for ought appeareth by any Record that hath been shewed ; and where there was never any President before , by the rule of Master Littleton , fol. 23. the Law is not conceived to beare any such Writ . And Sir Edward Coke , in his Commentary upon Littleton , fol. 81. saith , that where there is no example , it is a great intendment , that the law will not beare it . So I conceive here , there never having bin a President before of any such Writ to the Sheriffe and Inhabitants of a County , to prepare a ship with men and munition , upon any occasion whatsoever , that it is against the Common law to award such Writs . For that the common law of England setleth a freedome in the Subjects , in respect of their persons , and giveth them a true property in their goods and estates , so that without their consent ( that is , their actuall consent , or implicite , by a common ordinance , which they consented unto by a common assent in Parliament ) it cannot bee taken from them , nor their estate charged : And for this purpose , the law distinguisheth between bondmen , whose estates are at their Lords will and disposition ; and freemen , whose property none may invade , charge , nor take away , but by their owne free consent : But here in this Case is a charge laid upon the Subjects , without their consent ; and therefore not warranted by law ; which is proved by these authorities : Coke in his Reports , lib. 8. fol. 92. in Francis Case , setteth downe this Rule , Quod no●trum est , sine facto seu defectu nostro amitti , seu in ali●num transferri non potest . Master Lambert , fol. 24. setting downe the lawes of England , which were confirmed by William the Conqueror , hath these words : Inter alia , volumus & concedimus , quod omnes liberi homines Monarchiae Regni sui praedict ' , habeant & teneant terras suas bene & in pace liberas ab omni exactione injusta , & ab omni Tallagio ( not mentioning there injusta ) Ita quòd nihil ab eis exigatur praeter servitium justè debitum : Hereby it appeares , there is an absolute freedome from all Tallage . 17. King Iohn in Matt. Paris , fol. 246. The King doth grant and confirme unto his Barons and Commons inter alia , these liberties following : Nullum Scutagium vel auxilium ponamus in Regno nostro , nisi per Commune Concilium Regni nostri , nisi ad redimendum corpus nostrum , filium nostrum primogenitum mill ' faciend ' , vel ad primogenitam filiam nostram maritand ' . By this it appeares , what was then conceived to be , amongst others , their liberties , and then confirmed , which was , that no aide should bee put upon them , but by Parliament ; for the Parliament was then called Commune Concilium . That the law is so , appeareth by the Treatise written by Fortescue , who had been chiefe Justice of England , and then Chancellour of England in King Henry the sixth his time , when he wrote the booke intituled , De laudibus Legum Angliae : For , fol. 25. cap. 9. hee saith thus , That the King of England cannot alter nor change the Lawes of England at his pleasure . For , principatu non Regali , sed et politico ipse p●pulo suo dominatur : If his power were Royall onely , then hee might change the Lawes , Tallagia quoque & caetera onera eis imponere , ipsis inconsultis ; but addes , That the King of England sine Subditorum assensu Leges mutare non potest , nec subjectum populum renitentem onerare impositionibus peregrinis : And in his 13. chap. fol. 31. hee compares the King and Subjects of England to the head and body naturall , Ut non p●test caput corporis Physici nervos suos commutare , neque membris suis proprias vires , & propria sanguinis alimenta denegare : sic nec Rex , qui caput corporis politici est , mutare potest Leges corporis illius , nec ejusdem populi substantias proprias subtrahere reclamantibus eis , aut invitis : Thus hee in this place ; but in fol. 84. cap. 36. hee seemes to say , In hoc individuo Rex Angliae nec per se , nec ministros suos , tallagia , subsidia , aut quaevis onera alia imponit Legiis suis , aut Leges eorum mutat , aut nova condit , sine concessione vel assensu totius Regni sui in Parliamento suo expresso : which words seeme so generall , that in no case he may doe it . So it appeareth by the Booke case , 13. H. 4. fol. 14. that the grant of the King which tendeth to the charge and prejudice of his people in generall , is not good , unlesse by Parliament : But it is agreed there , that grants of Tolls , of Faires , of Pontage , of Pikage , Murage , Ferrying , or such like , which are for the profit , good , and ease of them that will take benefit thereof , and not compulsory to any to pay , but to them that will take the benefit of such Faires , &c. and being very small and reasonable summes , the Law doth give allowance unto them : but if they were great summes , that tend to the charge of the people , the Law will judge them void . This appears in Sir Edw. Cokes Reports , lib. 5. fol. 63. in the Case of the Chamberlain of London , That an ordinance made by the Cōmon Councell of London , where they have a custome by the said Cōmon Councell , to make reasonable ordinances to bind all within the City concerning Clothes to bee brought to Blackwell Hall , there alwaies to be viewed , & measured , & searched before they were sold , & a penny appointed for the Officer that did that service ; That such a charge was reasonable , for that it was for the publick benefit of the City and Common-wealth : And a pecuniary penalty laid for not performance of that ordinance was allowed . Ibid. fol. 64. in Clarkes Case is resolved , That an ordinance made by the assent of the Plaintiffe himselfe , and other Burgesses for the Towne of Saint Albons , of a small taxe upon the inhabitants of the Town , towards the erection of the Courts , & other necessaries for the Terme to bee kept there , It was allowed to bee good , and did bind the Plaintiffe , being by the Plaintiffes own consent , and for the publick good of the Town . Also Coke , lib. 11. fol. 86. in Darcies Case , citeth this out of Fitzherberts natur . brev. fol. 122. That every grant of the King hath this condition in it , tacite or expresse , Quòd patria per donationes illas magis solito non oneretur , seu gravetur . And as by grant the King cannot charge his people , so neither can hee by Writ lay any charge upon his people , but by their consent , or where they have apparent benefit thereby : And that is the reason of the Writ in the Register , fol. 127. Fitzh. nat. brev. fol. 113. where , by breach of the Sea walls , any inundation is of the Country , the King , who is Pater patriae , and taketh care for the good and safety of his people , sendeth out his Commissioners to enquire by whose default any such breach happened , and to cause all that had lands and commons neere adjoyning , which may have benefit of inclosed marshes , or losse by such inundation , to be contributory to the making up of the Sea walls ; and this is done by a Jury : But this charge cannot bee laid upon a County or Towne in generall , but particular men that have benefit or losse , or may have losse or benefit thereby : And this is done upon inquiry of a Jury before the Sheriffe or Commissioners appointed . So it is at this day upon the Commission of Sewers , as appeareth by Coke , lib. 10. fol. 142. in the Case of the Isle of Ely , That the Taxation by the Commissioners of Sewers must bee upon every particular man that hath or may have loss or benefit by such inundations , and making up the walls , and cannot be laid upon any remote parts , which are out of the levell of such losse or benefit : And it must be certaine and particular upon persons certaine , by reason of land or profit , and cannot bee laid in generall ; but in these Cases there is a particular losse or benefit , and in particular places , & but in petty charges ; & then where the Law alloweth that which in reason is to be done , that may be done , without a speciall Statute ; for , De minimis non curat Lex : but in this case there is a generall charge through the Kingdome , which the Law doth not permit without common consent in Parliament . But it hath been alledged , that this charge hath been imposed for the provision of the publick safety and defence of the Kingdome ; And may not this bee done , when every one hath advantage by it ? To this I say , When eminent danger and cause of defence is , there must bee defence made by every man ( when the King shall command ) with his person ; and in such a case every man , as it is said in the Presidents , is bound per se & sua to defend the Kingdome : And I thinke no man will bee so unwise , but that he will exponere se & sua for the defence of the Kingdome , when there is danger ; for otherwise hee is in danger to lose se & sua : But to lay a charge in generall upon a Kingdome , either for making or preparing of ships , or money in lieu thereof , is not to bee done but by Parliament , when the charge is to be borne in generall of all the Subjects . To prove further , that no man may have his goods taken from him but by his consent , appeareth by a Record in Mich. 14. Edw. 2. Rot. 60. in the Kings Bench in a Writ of errour , brought upon a Judgement given in Durham , where , in an action of trespasse by William Heyborne against William Keylow , for entring his house , and breaking his Chest , and taking away 70. pounds in money , the Defendant pleading not guilty , the Jury found a speciall verdict , That the Scots having entred the Bishoprick with an Army into Durham , and making great burning and spoiles , the Comminalty of Durham met together at Durham , whereof the Plaintiffe was one , and agreed to send some to compound with them for mony to depart , and were all sworn to performe what composition should bee made , and to performe what ordinance they should make in that behalfe : And thereupon they compounded with the Scots for 1600. Markes . But because that was to bee paid immediately , they all consented , that William K●ylow the Defendant , and others , should goe into every mans house to search what ready money was there , and to take it for the making of that summe , and that it should bee repaid by the Comminalty of Durham : And thereupon the Defendant did enter into the Plaintiffes house , and did breake open the Chest , and tooke the 70. pounds , which was paid accordingly towards that fine . The Jury were demanded whether the Plaintiffe was present , and did consent to the taking of the money ; they said , No : Whereupon the Plaintiffe had judgement to recover the said 70. pounds , & dammages ; for that otherwise hee had no remedy for his money so taken , and the Defendant committed in execution for the same : And thereupon the Defendant Keylow brought a Writ of errour in the Kings Bench , and assigned his errours in point of judgement , and there the judgement was reversed : Because the Plaintiffe Heyborne had his sufficient remedy against the Comminalty of Durham for his money . Because hee himselfe had agreed to this ordinance , and was sworn to performe it ; and that the Defendant did nothing but that hee assented unto by his oath : and therefore is accompted to do nothing but by his consent , and as a servant unto him ; therefore hee was no trespasser : And therefore the judgement given in Durham was reversed , because hee had assented to that ordinance ; though hee was afterwards unwilling , yet having once consented , his goods were lawfully taken : By which it appeareth , that if hee had not particularly consented , such an ordinance could not have been good to bind him , although this was in a case of great danger , and for defence . 2. R. 2. pars 12. the Parliament Roll proved this directly : although it be no Act of Parliament , yet the Record is much to be regarded ; for it sheweth what the Law was then conceived to be : For , Scroope the Lord Chancellour then shewed to all the Lords and Commons assembled in Parliament , that all the Lords and Sages had met together since the last Parliament , and having considered of the great danger the Kingdome was in , and how money might be raised in a case of eminent danger , which could not stay the delay of a Parliament , and the Kings Coffers had not sufficient therein ; the Record is , That they all agreed , that money sufficient could not bee had without laying a charge upon the Comminalty ; which ( say they ) cannot bee done without a Parliament : And the Lords themselves for the time did supply the said necessity with mony they lent : which Record proved directly , that this charge , without an Act of Parliament , is illegall . So upon this reason I conclude , That this Writ compulsarily to charge the Subjects against their wills , is not warranted by any Bookes , and therefore illegall . If this Writ should bee allowed , great inconveniences would ensue , which the Law alwaies will avoid , and not permit any inconveniences . That if such a charge may be laid upon the Counties by Writ , without assent of Parliament , then no man knoweth what his charge may bee ; for they may bee charged as often as the King pleaseth , and with making as many ships , and of what burthen , and with what charge of munition , victualls , and men , as shall be set downe : Wherein I doubt not , but if the Law were so , the King , being a very pious and just King , would use his power very moderately ; but Judges in their judgements are not to looke to present times , but to all future times , what may follow upon their judgements . That this inconvenience may bee , it appeares by the Dane-geld , first appointed in time of necessity to redeeme them from the cruelty of the Danes , which often changed , and still increased : for in Anno Dom. 991. when it began , it was 10000. pounds , Anno Domini 994. it was increased to 16000. pounds ; and Anno Domini 1002. it was increased to 24000. pounds ; and Anno Domini 1007. it was increased to 36000. pounds ; and Anno Domini 1012. it was increased to 48000. pounds : So if this Writ bee well awarded , it may bee at pleasure what bounds it shall have . Also there were never but one single Subsidy , and two Fifteenes used to be granted in Parliament , untill 31. Elis. and then a double Subsidy and foure Fifteenes were granted , Sir Walter Mildmay then Chancellour of the Exchequer moving for it , and saying , his heart did quake to move it , not knowing the inconveniences that should grow upon it ; but shewed great reasons for so moving of it , being immediatly after the Spanish invasion : & so it was granted . Afterwards in 35. Elis. treble Subsidies , and sixe Fifteenes were granted : and in 43. Elis. foure Subsidies and eight Fifteenes ; and yet these were not accompted grievous , neither would it have been , if it had been 10. Subsidies , because in Parliament , and convenient times and meanes appointed for the levying of them . Tonnage and Poundage were granted to this end , 13. R. 2. ( and have continued ever since by severall grants ) that the King might have monies in his purse against time of need for extraordinary occasions ; especially for the defence of the Realme , and for guarding the Seas , as it is especially declared by the Statute of 1. Iac. and former Statutes . But it is said , that Tonnage and Poundage is not granted now to the King ; Therefore the King is inforced to take these extraordinary courses . Though it be not granted , yet I thinke it is taken ; and I doubt not but to the same intent , and for the same purpose for which it was first granted , which was for the defence of the Kingdome , and the guard of the Seas . Therefore in case of danger and necessity , every Subject , for defence of the Kingdome , is bound Ligeanciae debito , as some Records say ; and Ligeanciae suae vinculo astricti , as others speake : Se & sua totis viribus et potestate exponere , &c. And in such a case the King may command the persons of his Subjects , and arrest their ships to wait on his , to defend the Sea ; Yet this also ( when they goe out of their Counties ) at the Kings charges ; But to command the Subjects by Writ to build new ships , or to prepare ships at their charges , or to lay a common charge on the Subjects in generall , for matter of defence or avoidance of danger , is not warrantable by the Common Law . Another inconvenience is , That it is left in the power of the Sheriffe to charge any mans estate at his pleasure , taxing some , and sparing others , as his affection leadeth him . And sometimes by colour thereof , levying more then he need , and enriching himselfe ; which power the Law never alloweth him , although it were in lesse matters ; as to make an assessement for the breach of the Sea walls , but to doe it by a Jury , and not himselfe alone . So for these reasons I conclude this Writ is against the Common law , and so illegall . For the second point , I conceive , if the Common law were doubtfull in this , whether such a charge might be imposed by Writ , yet now it is made cleare by divers expresse Statutes , that the King is not to lay any charge upon his Subjects , but by their consent in Parliament : and that is by many Acts of Parliament in force , and not repealed . And there is no doubt but the Kings by Statute may bind them and their Successours not to lay any such charge , every King being bound by oath to performe the Statu●es of his Realme . The Statute of 25. Edw. 1. which is in these words : Forasmuch as divers people of our Realm are in feare , that the aides and taxes which they have given us before time towards our warres and other businesse of their owne grant and good will ( howsoever they were made ) might turne to a bondage to them and their heires , because they might be at another time found in the Rolls ; and likewise for the prizes taken throughout our Realme by our ministers , wee have granted for us and our heires , that we shall not draw any such aides , taxes , or prizes into a custome for any thing that hath been done heretofore by any Roll , or any other President that may be found . Ibidem , cap. 6. Moreover , wee have granted for us and our heires , as well to Archbishops , Bishops , Abbots , Priors , and other folke of holy Church ; as also to Earles , Barons , and to all the Comminalty of the land , that for no businesse from henceforth we shall take such aides , ●axes , ●or prizes , but by the common assent of the Realme , and for the common profit thereof , saving the ancient aides and prizes due and accustomed ; Which are the expresse words of that Statute . Now what those ancient aides were , is well knowne , viz. that they were ad redimendu● c●rpu● , ad f●lium pri●og●●it●● militem faciend● Et ad filiam pri●ogenitam miritandam ; which aides concerne not the Subjects in generall , but particular men were liable thereunto by thei●●enures ●o this saving●eeded not to have been ; for the body of the Act extended not to them , but 〈◊〉 gener●ll aide● of the Kingdome . However , if this Salvo , as it hath beene objected , would preserve this aide now in question ; yet the Statute made afterwards de Tallagio non concedendo , being without any Salvo , takes it away : which sta●ute Ras●al● in his Abridgement , fol. 441. in his title of Taxes , abridgeth in this manner : Anno 25. Edw. 1. It is ordained , That the taxes taken shall not be taken in custome , no● 〈◊〉 by the assent of this Realm , except the ancient aides and taxes . And there the taxes of Wooll of forty shillings a sacke is released . Ibidem 2o. That no tallage by us or our heires in our Realm be pu● or levied , without the assent of the Archbishops , Bishops , Earles , Barons , Knights● Burgesses , and other free Commons of our Realm , That nothing bee taken from henceforth in the name , or by reason of Male tout of a sacke of Wooll , Statutum de Tallagio non concedendo . Master Sollicitor laboured much to prove● that there was no such Statute de Tallagio non concedendo . First , for that it is not to bee found in the Rolls of Parliament . Secondly , for that it is not set down when it was made . Thirdly , that it was but an abstract out of Confirmatio Chartae libertatum . Master Atturney said , hee would not deny it to be a Statute , neither would he affirme it ; but yet it did not extend to take away the aide demanded by Prerogative , or power Royall , for defence of the Kingdome . To this I answer , That it was never doubted to be a Statute , untill this Argument ; and that it is a Statute , appeareth , For that it is printed in the booke of Statutes as a Statute . It is recited in the petition of right , anno tertio Car. to be a Statute . To that , that it is not found in the Rolls , I answer , That many Statutes which are knowne Statutes , are not found in the Rolls , as Magna Charta is not . And as touching the time , I conceive it to be made in 34. Edw. 1. cap. 1. for so it is set down in the great printed book of Statutes anno 1618. to bee the first chapter of the Statutes therein made , viz. in these words : No tallage or aide shall be taken or levied by us or our heires in our Realme , without the good will and assent of Archbishops , Bishops , Earles , Barons , Knights , Burgesses , and other Freemen of the land . And that it is a Statute , all my brethren the Judges have agreed . The onely doubt then is , Whether this Statute extendeth to aides for defence of the Kingdome : which I thinke it doth ; for it is the precise words , That no tallage or aide shall bee taken or levied , but by consent in Parliament : which extendeth to all manner of aides . Bodin saith , fol. 97. by a Law made in the time of Edw. 1. that it was provided and enacted , That no taxe , tallage , nor aide shall bee imposed , but by grant in Parliament ; and by this Law the Subjects of England have defended themselves ever since , as with a buckler : whereby it appeareth , that notice was taken of this Law in forraine parts , and so held still to be a Statute in force . The next Statute is 14. Edw. 3. cap. 1. which reciteth the grant of the great Subsidy of the ninth fleece of the ninth Lamb , &c. ( formerly granted ) and thereupon these words follow : Wee , willing to provide for the indemnity of the said Prelates , Earles , Barons , and other the Comminalty of the Realme ; and also of the Citizens , Burgesses , and Merchants aforesaid , will and grant for us and our heires , to the same Prelates , Earles , Barons and Commons , Citizens , Burgesses and Merchants , that the same grant shall not bee had forth in example , nor fall to their prejudice in time to come : Nor that they bee from henceforth charged nor grieved to make any aide , nor sustaine charge , if it bee not by the common assent of the said Prelates , Earles , Barons , and other great men , and Commons of the said Realme of England , and that in the Parliament : And that all the profits arising of the said aide , and of Wards marriages , Customes , and Escheats , and other profits arising of our said Realme of England , shall be set & dispended upon the maintenance of the safeguard of this Realme of England , and of our warres of Scotland , France , and Gascoin , and in no place elsewhere during our said warres . By this statute it appeareth , that it is expresly provided , That the subjects should not be from thenceforth charged nor grieved to make any aide , nor sustaine any charge , but by common assent , and that in Parliament ; which is as expresse as may be , and exclusive to any charge otherwise ; which I conceive was made against the appointment of making , or preparing , and sending of ships at the charges of the Townes whence they were , or sending men out of their Counties at the charges of the County . Now , where it is alledged by my brother Weston , and my brother Berkley , that this was but a temporary statute , and ended when his warres ended , which appeareth by the last clause , for employment of those profits of his Wards , &c. towards those warres : I conceive it appeareth to bee an absolute and perpetuall statute ; for , it is granted for him and his heires , which is in perpetuity : And also it appeares by Plowd . his Cōmentaries , fol. 457. in Sir Thomas Wroth's Case , where a grant is by the name of the King , which is in his politicke capacity ; this extended against him , his heires and successours , although they bee not named . Also the intendment of this Law appeareth to bee for the security of the subjects from thenceforth for all future ages ; and then the office of Judges is , as appeares by Sir Edward Cokes Reports , lib. 3. fol. 7. and Plowdens Commentaries in Byston and Studs Case , to construe statutes according to the true intent of the makers thereof , which was in this Case , That it should bee a perpetuall security for them : and to little purpose it had been to make a statute to continue but during the time of the warres . Also where it is alledged , that the statute of 14. Edw. 3. is not mentioned in the Petition of right , which is some Argument that it was not conceived to be a continuing statute . To that I answer , that in that Petition of right it is said , That by the statutes there recited , and other the good Statutes of this Realme , the Subjects shall not be compelled to contribute to any Taxe , Tallage , Aide , nor other like charge not set by Parliament , in which this Statute is as well intended , as other Statutes , and as farre , as if it had beene expresly recited . Also it appeareth by all the bookes of Statutes , that this Statute is printed as a Statute continuing , whereas others expired , are so set downe as expired . 21. Edw. 3. pars 2. m. 11. A Subsidy being granted by Parliament , viz. forty shillings of every sacke of Wooll transported before Michaelmas following ; and six pence of every twenty shillings of merchandize , for the safe guarding of the Merchants , defence of the Coasts , &c. After Michaelmas , viz. 31. Octob. 21. Edw. 3. by Writ the Collectors were commanded to continue the collection of those Subsidies untill Easter . But 26. Novemb. 21. Edw. 3. the King by Writ commanded the stay of the collection of the six pence in the 20 shillings , and to continue the collection of the Subsidies upon the sackes of Wooll untill Easter . 22. Edw. 3. Parliament , mem. 16. the Parliament being holden in Lent , the Commons complained of this continuance of the collection of the Subsidy upon the sacks of Wooll longer then the Parliament had granted it ; and provided , that it should not be continued longer then Easter by the procurement of no person . By this it appeareth , that the Parliament being carefull , that the time for levying of a Subsidy granted , should not bee inlarged by any power , much lesse would they admit of a Writ , to lay a charge without grant by Parliament . 25. Edw. 3. m. 8. it was enacted , That no man should bee compelled to find men at armes , other then such as hold by such services , except it be by common assent in Parliament . By this it appeareth , that if men bee not compellable to find a man at armes , unlesse it bee by common assent in Parliament , much lesse is any bound to bee contributory to the preparing of a ship with 180. men at armes , and victuals , and wages of the souldiers for a time , unlesse it be by common assent in Parliament . Rot. Parliamenti , 2. Hen. 4. nu . 22. ( an Act of Parliament , as I account in the very point ) is in these words : For that of late divers Commissions were made to divers Cities and Burroughs within the Realme , to make Barges and Barringers , without assent in Parliament , and otherwise then hath beene done before these houres ; The Commons do pray the King , that those Commissions may bee repealed , and that they may not bee of any force or effect , to which it is answered : That the King willeth , that the said Commissions be repealed in all points , which is an absolute and perfect Statute ; but then there is added these words : But for the great necessity that hee hath of such vessels for defence of the Realme , in case that the warres shall happen , hee will treat with his Lords of this matter , and afterwards will shew it unto the Commons , to have their counsell and advice in this point : So by this Record it appeareth , that the Commons did conceive , That no Cities , Burroughes , nor Townes , without assent in Parliament , were to bee charged with the making of such vessels , to which the King agreeth : And from that day to this very day , ( untill the making of these Writs ) in no age ( although the Kingdome hath beene many times in danger of invasion , and hath beene invaded ) there doe appeare any Records that ever I have seene , or any Writs directed to any Townes or Cities , at their charges to make or prepare any ships or vessels whatsoever . And whereas it hath beene objected , and especially insisted upon by my brother Berkley , That this latter part ( that the King will treat with his Lords concerning them , and after conferre with the Commons ) is a gentle deniall of that Act , as the experience is at this day : Roy se avisera , is a deniall of an Act . Hereunto I answer , That it is an absolute Act ; for it is an absolute assent unto the Petition , and that which came after , was but a plausible excuse ; for that such Commissions had gone out , and this further consultation never appeared to be made , nor ever any such Writ or Commission for such vessels to bee made , went out ever since untill this Writ . 13. Hen. 4. nu . 10. A grant is of a Subsidy of Woolls , Woolfels , Hides , and other things there mentioned , and of Tonnage and Poundage for one yeare , for the defence of the Marches of Callice , &c. and for the defence of the Realme , and safeguard of the Sea : And therein is this expresse proviso , viz. Provided alwaies , that this grant of a Subsidy of Wools , &c. and of Tonnage and Poundage in time to come , shall not bee taken in example , to charge the Lords or Commons of this Realme with any manner of Subsidy , for the safeguard of Callice , &c. nor for the defence of the Realme , nor for the safeguard of the Seas , unlesse it bee by the wills of the Lords and Commons of this Realme ; and that by a new grant to be made , and that in full Parliament to come . By this it appeareth , that it was then provided , That no charge should be laid upon the Lords or Commons , no not for the defence of the Realme , but by grant in full Parliament . 13. Hen. 4. nu . 43. A Petition was in Parliament , reciting , that there was an office granted of Alnager within London , and the Suburbs of the same , with fees to that appertaining , where any such office never was , nor any such fees appertaining thereunto ; and that by colour thereof they levie upon the sale of every Broad cloth , an halfe penny of the buyer , and an halfe penny of the seller ; and upon sale of every hundred Ells of Canvas , a penny of the seller , and a penny of the buyer , wrongfully against the Statute in the time of your Highnesse Progenitors made to the contrary ; by which it is ordained , That no tallage nor aide shall bee granted nor levied , without assent and consent of the Lords and Commons of your Realme , as by the said Statute fully is declared : Wherefore they pray , that such Letters Patents thereof made shall bee void , and holden for none : And this was granted ; whereby it appeareth , that it is declared then in Parliament , that these Statutes were and did continue , that no tallage or aide shall bee levied without grant in Parliament . 1. Ric. 3. cap. 2. It is enacted in these words : Our Soveraigne Lord the King remembring how the Commons of this Realme by new and unlawfull inventions , and inordinate covetice against the Lawes of this Realme , have beene put to great servitude , and importune charges and exactions ; and especially by a new imposition , called a Benevolence , whereby divers subjects of this land against their wills and liberties have paid great summes of money , &c. It is enacted and ordained , That the Subjects and Commons of this Realme from henceforth shall in no wise bee charged by such charges or imposition , called a Benevolence , or by such like charge : and that such exactions , called a Benevolence , before that time taken , shall be taken for no example , to make any such , or any like charge of any his Subjects of this Realme hereafter ; but shall bee damned and adnulled for ever . By this it appeareth , that it is expresly provided , That the Subjects shall not be charged by way of Benevolence , which is in nature of a free gift , nor such like charge , that is , no charge of monie shall bee upon the Subject for any pretence whatsoever , be it for defence in time of danger , or the guarding of the Seas . The last and concluding statute is the Petition of right , made in the third yeare of his Majesties raigne , where reciting , that it was enacted by a statute made in the time of Edward the first , commonly called , Statutum de Tallagio non concedendo , that no tallage or aide shal be laid or levied by the King or his heires in this Realme , without the good will and assent of the Archbishops , Bishops , Earles , Barons , Knights , and other the Freemen of the Comminalty of this Realme : And by a statute of 25. Edw. 3. That none shall be compelled to make any loanes to the King , because such loanes were against reason , and the franchise of the land : And by another statute , That none shall be charged by any impositions , called a Benevolence : By which statutes , and other the statutes of this Realme , your Subjects have inherited this freedome , That they shall not bee compelled to contribute to any taxe , tallage , aide , nor other like charge not set by Parliament : And then they pray , that none hereafter bee compelled to make or yeeld any gift , loane , benevolence , taxe , or such like charge , without common consent by Act of Parliament . And after five other things there mentioned , the conclusion is , All which they pray as their rights and liberties : unto which the King answers , Let right bee done , as is desired , which is a full and perfect statute , shewing in this point the liberties of the Kingdome prayed and allowed , which was not done without the advice of the Judges then being , whereof I was one ; whose opinions were then demanded , and resolved , that the same did not give any new liberty , but declared what the liberty of the subject was in this amongst others , that they should not bee compelled to be contributory to any taxe , tallage , aide , nor any like charge not set by Parliament . By reason of all which statutes , especially of those of 25. Edw. 1. 34. Edw. 1. and 14. Edw. 3. being in the negative and in force , I conceive that those Writs , to lay such a charge , is against the Law , and so the assessement by colour thereof not lawfull . Now , whereas the precedent Arguments have been , that the Kingdome being in danger , therefore these Writs went forth for the making of ships , because there could not bee so suddenly any Parliament called : And the Parliament is a slow body ; and the Kingdome may be lost , whilest there is consultation : And the danger is conceived to bee very great , because the first Writ of 4. Augusti so mentioneth , that the Pirates provide a great Navie to infest the Kingdome , and it is fit with speed to provide a remedy ; and that the Writ of mittimus mentioneth , that Salus Reipublicae periclitabatur : And wee must beleeve these suggestions to bee true ; for the Kings Certificate by this Writ is , Recordum superlativum , as Master Sollicitor and my brother Berkley termed it ; and we must leave it upon the Kings conscience ( if it be not true ) to lay such a charge upon an untrue suggestion : and the Defendant also by his Demurrer hath confessed all the suggestions in the Writ to be true ; therefore it must bee conceived , that the Kingdome was in great danger , and present remedy must be had by making these ships , and may be commanded by those Writs , and not to stay for a Parliament : And my brother Crawley said , It may bee , that if a Parliament were called , they will not yeeld to the going forth of such Writs , although the Kingdome were never so much in danger : And this charge , in respect of the making of defence , is not within the intention of these statutes ; and if it had bin expresly mentioned within a statute , that such a charge should not bee imposed , it had been a void statute , and contrary to the Law , that the Kingdome should not bee defended . To all these I answer , That the matter now in question is upon the Writ of 4. Augusti , whether that bee legall , or not ; and the suggestions therein bee sufficient or not for the Writ of Mittimus , mentioning , that Salue Reipublicae periclitabatur , at the day of issuing forth of the Writ of 4. Augusti ( which is a year and a halfe after the first Writ ) doth not help it . And this is not notified to the Sheriffe and Inhabitants of the County , to make them the more carefull , and in the greater contempt , if a ship were not provided : but it is onely a notification to the Barons of the Exchequer , that the same was the reason why the same Writ issued forth . That the suggestions are not absolute , that any such danger was , or such Navie was prepared by the Pirates , but onely mentioneth , Quia datum est nobis intelligi , that the Pirates had done such mischiefe , &c. If such suggestions had been absolutely set downe , yet wee are not alwaies bound absolutely to beleeve them , because many times untrue suggestions are made in Writs and Patents ; and yet it doth not lye upon the Kings conscience , neither doth the Law impute any fault to the King , if any such be ; for the Law doth alwaies conceive honourably of the King , that hee cannot , nor will not signifie any untruth under his great Seale ; but is abused therein , and the Law imputeth it to them that so mis-informed the King , and thrust in such suggestions into the Writ : and therefore all Patents grounded upon untrue suggestions are accounted void . That the Demurrer confesseth nothing but that which is legally and well set downe ; but if it bee illegall , the Demurrer confesseth it not , but is well offered for that cause . If the Kingdome were in danger , yet a charge must not bee laid in generall upon the Subjects , without their consent in Parliament ; for either the danger is neere , and then present provision must be made by mens persons , and the present ships of the Kingdome , which the King may command from all parts of his Kingdome , as need shall require ; but cannot command money out of mens purses , by distraining their goods , or imprisoning their persons : But if the danger bee further off , by reason of any forraine combinations ( as it is conceived it may be here ) then provision must bee made of ships by all the Kingdome for defence ; then ( as Philip de Comines saith , fol. 179. ) that cloud is seene afarre off , before that the tempest fall , especially by a forraine war ; and such invasions cannot fall so soone , but that the King may call his Sages together , and by consent make provision for such defence . So I say here , if there be time to make ships , or prepare ships at the charges of the Counties ; then is there time enough for his Majestie ( if hee please ) to call his Parliament , to charge his Commons by consent in Parliament to have a subsidiary aide , as alwaies hath been done in such cases ; and they are not so long coming or meeting , when they come but to make provision for defence , being for all their safeties . For it appeareth by Coke , lib. 9. fol. 1. in his Epistle , that King Alfred made a Law , that the Parliament should be held twice every yeare ; and oftner , if need require , in time of peace : so that it was then conceived , it was necessary to have Parliaments often to redresse inconveniences . Also by a statute made 4. Edw. 3. cap. 14. It is enacted , that a Parliament shall bee held once every yeare , and oftner , if need be : Also by a statute made 36. Edw. 3. cap. 10. It is enacted , for redresse of mischiefes and grievances that daily happen , a Parliament shall bee holden every yeare ; as another time was ordained by a statute , which I thinke referreth to 4. Edw. 3. Also it appeareth by the speed that was in the Parliament held in the third yeare of his Majesties raigne , five Subsidies were granted , two of them to bee paid within few daies after the Session of Parliament ended ; and therefore might ( as this case is ) beene ordered and provided for by Parliament , within seven moneths , as the time was betweene the Teste of the Writ , and the time prefixed for ships to be prepared and sent . Where it is objected , that the Parliament perhaps would not have consented , and so the Kingdome might have been lost : It is answered , That it is not to bee pre●umed , that the Parliament would deny to doe that which is fit for the safety and defence of the Kingdome , their owne estates and lives being in danger if the Kingdome were not sufficiently defended ; for it is a Rule , Nihil iniqu●●m es● praesumendum in Leg● : so of the high Court of Parliament , that they would not deny that which is fitting : But I confesse I doe thinke , if it had beene moved in a Parliament , they would never have consented to these Writs , they never having been awarded before since the Conquest ; and if they had consented , they would have taken a course how the same should have beene made with most conveniencie , and not to leave it to the Sheriffe to taxe them when and how hee would . To that which hath beene said , That this charge is not within the intention of the statutes , and that a statute to prohibite such a charge for defence were void : I answer , That it is true , if a statute were that the King should not defend his Kingdome , it were void , being against Law and Reason ; but a statute that money shall not bee charged or levied , nor that men shall be charged to make or prepare ships at their owne charges , without common consent in Parliament , I conceive it a good Law , and agreeable to Law and Reason ; and the King may by Parliament restraine himselfe from laying such a charge but by consent : And then the King , being a just and pious King as ever governed the Kingdome ( which wee that serve in his Courts of Justice have daily experience of ) would not assent unto , or suffer any such charge ( if he may be truly informed ) that the imposing of this charge were against any one Law of his Kingdome , as this is against so many ; but would say , as it is said in the statute made in the 25. Edw. 3. de provisoribus , reciting the statute of Carlyes , made 35. Edw. 1. That the Pope should not bee permitted to present to Benefices , That he was bound by his Oath to see that and other Lawes in force and not repealed , to bee performed , That hee would not suffer such charges to bee laid , contrary to the Lawes and Statutes of his Realme , and would doe as the late famous Queene Elisabeth did , having required a charge upon divers her Subjects by particular letters from the Lords of her Councell of severall summes of money , for present helpe towards her warres in Ireland , hearing that one of her Judges being convented before her Lords for not payment of it , thereby discouraging others to pay it , answered , that it was against the Law that the same should bee imposed , there being an expresse statute against it , which hee being a Judge , was bound by his Oath to signifie ; he being , as much as in him was to be , a conservatour of the Queenes Oath in that behalfe : The Queene , I say , was very angry , that such an imposition had beene made against Law , and commanded , that it should bee stopped from further gathering , and to some that had paid their monies , the same were restored : and therefore the principall and onely fault in the charging of his Subjects by these Writs ( if they bee unlawfull , as I conceive they are ) is in those that devised them , and informed him that they were lawfull , and such as his Progenitours had from time to time used to send out ; and in his Judges , who have affirmed it to bee lawfull : Therefore upon this point I conclude , That this charge by this Writ is illegall , and is no sufficient cause to charge the Defendant . Where it hath been much urged and argued by Master Sollicitor and Master Attorney , that this Writ is warranted by the Kings Prerogative and power Royall , to send forth such Wri●s for defence and safety of the Kingdome in time of danger ; To this I answer , That I doe not conceive , that there is any such Prerogative ; for if it were a Prerogative , I should not offer to speake against it : for it is part of our Oathes that are Judges , to maintaine the Kings Prerogative to the best of our skills , and not to suffer the same to be diminished ; but if it bee ( as I have argued it is ) against the Common Law , and against so many Statutes , that the Subjects should be inforced to sustaine , or to contribute to any charge , without their especiall assent , and common assent in Parliament , then there is no such Prerogative : For whatsoever is done to the hurt or wrong of the Subjects , and against the Lawes of the Land , the Law imputeth that Honour and Justice to the King ( whose Throne is established by Justice ) that it is not done by the King , but it is done by some untrue and unjust Informations ; and therefore void , and not done by Prerogative . This appeareth by the authorities of our Bookes ; for Bracton , who is an ancient Writer in our Law , saith , Nihil aliud potest Rex in terris , cum sit minister Dei , & ejus Vicarius , quàm de jure potest : And there a little after , Itaque potestas sua juris est , & non injuriae ; cum sit author juris , non debet inde injuriarum nasci occasio unde jura nascuntur . Sir Edward Coke in the eleventh booke of his Reports , in the Case of Magdalen Colledge , where the question was , Whether Queene Elisabeth , having taken a long Lease of a Colledge , being conceived to bee against the statute of 13. Elis. was sought to be maintained by her Prerogative ; but resolved it could not , being against a statute , by which she was bound , although not named ; and there fol. 72. it is said , Hoc solum Rex non potest facere , quod non potest justè agere . Plowdens Comment. fol. 246. & 247. in the Lord Berkley's Case it is said , that the Prerogative of the King cannot doe wrong , and his Prerogative cannot be any warrant to do any wrong to any . Plowdens Comment. fol. 487. in Nichols Case , it is said by Justice Harper , Although the cōmon law doth allow many prerogatives to the King , yet it doth not allow any that hee shall wrong or hurt any by his Prerogative . 21. Edw. 3. fol. 47. in the Earle of Kents Case it is said , That if the King under his great Seale doe make any grant to the hurt of any other , hee shall repeale and avoid it Iure Regio ; for the King is accounted to be abused by untrue suggestions , when hee is drawne to doe any wrong to the hurt of any other , much more , I say , when he is drawn to do any thing to the hurt of his Subjects in generall . Sir Edward Coke , lib. 11. fol. 86. in Darcies Case it is said , That every grant of the King hath this condition unto it , Tacitè or expressè : Ita quòd Patria per donationem illam magis solito non oneretur seu gravetur . The Booke called Doctor and Student , fol. 8. setting downe , that the Law doth vest the absolute property of every mans goods in himselfe , and that they cannot be taken from him , but by his consent , saith , That is the reason , if they be taken from him , the party shall answer the full value thereof in dammages : And sure I conceive , that the party that doth this wrong to another , shall , besides the dammages to the party , bee imprisoned , and pay a fine to the King , which in the Kings Bench is the tenth part of as much as hee payeth to the party : So then , if the King will punish the wrong of taking of goods without consent betweene party and party , much more will hee not by any Prerogative take away any mans goods without his assent , particular or generall . So I conclude , that I conceive there is not any such Prerogative , to award such Writs , to command men to sustaine such charge , or to be contributory to it , and to bee distrained or imprisoned for not payment thereof . Also I conceive , that this is not an Act of Royall power ; for if it bee illegall to impose such a charge , then is it not accounted as a matter of Royall power , but as a matter done upon an untrue suggestion , and a matter of wrong done ; and wrong is not imputed to the King , for hee can doe no wrong , but it is imputed unto them who advised him to this course . Royall power , I account , is to bee used in cases of necessity and imminent danger , when ordinary courses will not availe ; for it is a Rule , Non recurrendum est ad extraordinaria , quando fieri potest per ordinaria ; as in cases of Rebellion , sudden Invasion , and in some other case , where Martiall Law may bee used , and may not stay for legall proceedings ; but in a time of peace and no extreme necessity legall courses must bee used , and not Royall power . Therefore , where by the Statute of 31. H. 8. cap. 8. which was made upon suppression of Abbies , when Rebellions were begun to bee stirred , it is recited , That sudden occasions happen which doe require speedy remedies , and for lacke of a Statute the King was inforced to use Royall power ; It was enacted for the reasons therein mentioned , That the King , by the advice of his Councell therein named , two Bishops , two chiefe Justices , and divers others , and the more part of them , by his Proclamation might make ordinances for punishment of offences , and lay penalties● which should have the force of a Law ( with a Proviso , that thereby no mans life , lands , or goods should bee touched or impeached ) so that therein Royall power was fortified by a Statute ; yet that Statute tooke care , that no mans lands or goods should be taken or prejudiced : but yet that Statute was thought inconvenient , and therefore by a Statute of 1. E. 6. the same was repealed . Bracton , lib. 2. cap. 24. fol. 55. and the same is cited in Coke , lib. 7. fol. 11. in Calvins Case , Regis Corona est facere justitiam & judicium , & tenere pacem , sine quibu● Corona consistere non potest , nec teneri . Coke , lib. 7. fol. 5. in Calvins Case , cited out of Fortescue , Rex ad tutelam Legis , corporum , & bonorum erectus est ; which being so , hee cannot take any mans goods , or charge them without his assent , by any Prerogative or power Royall . Also there can be no such necessity or danger conceived , that may cause these Writs to bee awarded to all Counties of England , to prepare ships at such charge , and with such men and munition , without consent in Parliament . For the Lawes have provided meanes for defence in time of danger without taking this course , for that the King hath power to command all , or any persons of his Kingdome , to attend with Armes at the Sea coasts , or any other parts of the Kingdome ; and also by his officers to make stay or arrest all or any the ships of Merchants , and others having ships , or as many as hee pleaseth , to goe with his Navie to any parts of his Kingdome for defence thereof , and to attend those to whom he appointed the guard of the Seas or Sea coasts , at such times and places as they should appoint : and this hath been alwaies taken and conceived to bee sufficient for defence against any Prince whatsoever ; and yet the same was in times when the Navie of England was not so strong , as now by the blessing of God , and good providence of his Majesty it is : That this course was then so taken , it appeareth by divers Records , viz. 23. Ed. 1. m. 4. The Record reciteth , that the French King had prepared a great Navie upon the Sea , and purposed to invade the Kingdome , Et linguam Anglicanam de terra delere ; and thereupon the King commanded all his ships and men with Armes to be in a readinesse to defend the Kingdome . Scot. 10. Edw. 3. m. 16. reciteth , that certaine Gallies in the parts beyond the Seas were prepared with provision of men and armes , and other necessaries of warre , and ready to invade the Land ; command was , that divers ships should be in a readinesse to defend , and the ships of the Ports of Ireland to bee sent to England to help to defend the Kingdome . Scot. 10. Edw. 3. m. 22. A Writ was to the Bayliffe of Southwales , reciting , that the Scots and divers others confederating together , prepare themselves to armes and ships in a great number , and intend to invade the Kingdome ; command to them was , to have one ship ready upon the Sea to defend their coasts . Alman . 12. Edw. 3. m. 10. A Writ to the Maior of London , Quia hostes nostri in Galleis , cum multitudine non modica congregati , in diversis partibus regni hostiliter ingressi sunt , & civitatem praedict ' celeriter si possunt invadere proponunt , the King commandeth them to shut up the City towards the water , and to put all their men in Armes ready to defend , &c. Alman . 12. Edw. 3. m. 13. A Writ to the Bailiffes of great Yarmouth , Quia pro certo didicimus , quòd hostes nostri Franciae , & adhaerentes eisdem , Gallias & Naves guerrin●s in copiosa multitudine in partibus exteris congregarunt , & eis hominibus ad arma , & alia arma parare faciunt , & proponunt se movere versus regnum nostrum , & navigium regni nostri , & portus prope mare scituat ' pro viribus destruere , & idem regnum invadere , &c. command to the said Towne to prepare foure ships , with two hundred and forty men , &c. At the same time like Writs went out to twenty other Towns upon the Sea coasts . Franc. 26. Edw. 3. m. 5. A Writ to the Earle of Hunt. and others , Quia adversarii nostri Franciae , Nos & Regnum nostrum invadere machinantes , magnum navigium parari fecer ' & armari , nedum ad Regnum nostrum Angliae subitò attrahend ' , ad nos & domin ' nostr' , & totam nationem Anglicanam pro viribus subvertend ' , &c. commanding them to guard all the coasts of Kent , and to array all able men with armes to bee ready to defend the Sea coasts . 5. Henr. 4. m. 28. A Commission is to Thomas Morley and others , Quòd cum inimici nostri Franciae , Britan. Scotiae , & alii sibi adhaerentes , inter se obligat magna potentia armat ' super mare in aestate proxim ' futur ' ordinaverunt , & intendunt Regnum nostrum Angliae invadere , &c. commanding them to array men with armes to defend , &c. 4 Henr. 8. pars 2. the King by Proclamation into the County of Kent sheweth , that it is come to his knowledge of certaine , that his ancient enemy the French King hath prepared and put in readinesse a great and strong Navie furnished with men of warre , to invade the Kingdome of England , the King appointed the Lord of Alburgeny and others to put men in array , and to bee ready to defend that County . Anno 1588. when the great invasion was by the Navie termed the Invincible Navie , which was fore-seene long before , this course of preparing ships by every County of the Kingdome was not taken or appointed ; yet in all these times , when there appeared such danger of invasions , there never went any such Writs into any the Counties of England to provide ships , but the Navie of England , and the Army of England was alwaies accounted sufficient for the defence of the Kingdome : So I conclude this point , that I conceive this course cannot bee taken by any Prerogative or Royall power , nor any allegation of necessity or danger . For the fourth point , I conceive , that if it were legall to lay such a charge upon maritine parts , yet to charge any Inland County with making of ships , and furnishing them with Masters , Mariners , and Souldiers at their charge , which are farre remote from the Seas , is not legall , nor warranted by any former President ; for it commandeth an unreasonable and impossible thing : and then the Writ commanding such a thing as is unreasonable and not possible for the parties commanded of themselves to performe , without help of other Counties , is alwaies illegall ; for it is a Rule , That Lex non cogit ad impossibilia ; therefore if one by Covenant bind himselfe to doe a thing impossible , the Covenant is void . This appears by the Book case in 40. Ed. 3. fo. 6. where the Case is expresly , That if a man do covenant to doe a thing that is impossible , the Covenant is void , and the deed is void in that respect : Also the Book in 2. Ed. 4. fol. 2. If a feoffment bee made upon condition to bee void if the feoffee do not a thing which is impossible , this feoffment is good and the condition void , for it was the fault of the feoffor to annexe such a condition ; & this appeareth by the case of an Arbitrement , If the Arbitrator award that one shall enter into bond with such a one as his surety to pay a summe of money , or to doe any other act , it is void as to the finding of a surety at the least ; for it is not in his power to compell him to bee his surety , therefore the Law accounteth it unreasonable , and so void ; and this appeareth by the Booke Case , 17. Ed. 4. fol. 5. wherein it is so resolved . So this Writ commanding the Sheriffe and Inhabitants of an Inland County to find a ship furnished with Masters and Mariners , whereas there is not any Shipwright that hath skill to make ships , nor any Masters or Mariners ever there inhabiting to guide a ship ; ( for they are still conversant about matters of the Plough , and feeding Cattell , and Husbandry , and are trained up by musters for skill of Armes to defend the Countries , and not with Sea affaires ; for most of the County never saw a ship , nor know what belongeth to Masters or Mariners of ships ; and the Country is not bound to seeke men out of the County for such men , and perhaps if they should , they cannot know where to hire them : ) Therefore when such Writs to Inland Counties have been awarded to find a ship with Masters and Mariners , it being conceived by mis-information that they were maritine Townes , and had Ships and Mariners dwelling with them , the truth thereof being made to appeare to the contrary , they have been discharged , as appeares by a Record in 13. Edw. 3. pars 2. m. 14. where a Writ went to the Admirall of the Fleet , Those parts upon complaint to the King , by the men of Bodmin in the County of Cornwall , that they were unjustly charged to find a ship with Masters and Mariners , whereas that Towne was no Port Towne , nor adjoyning to the Sea , but farre within the Land , nor ever had ships lying there , nor Mariners , nor Sea-men , nor ever used to find any such for Sea service ; and that their Maior and Officers were imprisoned for not finding such a ship ; Thereupon the King appointed to have it enquired , whether their allegations were true , and if it were true , signified that hee would not have them so unjustly charged , but that they should bee discharged thereof : which sheweth , that it was then accounted unjust to lay such a charge upon a Towne that was an Inland Town , and had no Mariners inhabiting in it , much more when such a charge is upon an Inland County , which is much further remote from the Sea , and cannot performe by themselves that which the Writ commandeth . But this Record being objected by the Defendants Councell , Master Sollicitor gave answer , that the same was because the Admirall of his owne authority had charged them , which was not according to his Commission , for he was onely to charge the Ports and Sea Townes ; but that the same may not bee done by the Kings Writ , the Record doth not prove . But to this I answer , That I conceive it is all one when such a charge is laid upon a Towne by Writ , which is an Inland Town ; for so it appeareth by another Record of the same yeare , viz. 13. Edw. 3. pars 1. m. 14. where a Writ was directed to the Admirall of the Fleet , Ab ore Thamesiae versus partes Occidentales , reciting where the King by his Writ to the Towne of Chichester had commanded the Maior and Comminalty there , that they should make unam Navem , & duos Escularios de guerra parari , with Mariners and men at armes to bee at Portsmouth such a day , to goe with the Kings ships ; and that they had complained that they had not , nor ever had any ships arriving in that Towne , nor had any Sea-men or Mariners dwelling there ; and that it appeared unto the King by Inquisition of a Jury returned into his Chancery , this allegation to bee true ; therefore because the King would not have them indebitè praegravari ( for so bee the words of the Record ) the King commandeth the Admirall , that they shall not be troubled nor distrained for not performance of such service ; whereby it appeareth , that if they , being within few miles of the Sea , should not bee charged to find such a ship , much more Inland Counties , which are much further remote from the Seas , are not justly to bee charged with finding any Ships and Mariners : Therefore I conclude this point , That I conceive this Writ , in that respect , is not legall not warranted by any former President . The fifth and great point hath beene ( and indeed the chiefe Argument hath been a multitude of Records and Presidents which have been cited , that should warrant these Writs , and ) that the King hath done nothing , but what his former Progenitors have done , and have lawfully done ; and that hee doth now but more Majorum , and that which alwaies in ancient times hath beene done and allowed : and therefore ought now to be allowed . I confesse this allegation much troubled mee , when I heard those Records cited , and so learnedly and earnestly pressed by Master Sollicitor , and after by Master Atturney , to bee so cleare , that they might not bee gain-said , but that they proved a cleare Prerogative , or at least a Royall power , that the King might do so , especially when my brother Weston and my brother Berkley , who had seene the Records , pressed them , and relyed upon them for the reasons of their judgements , I say , I was much doubtfull thereupon , untill I had perused all those Records sent me by the Kings Councel , and satisfied my judgement therein . But now I answer , That if there were any such Presidents ( as I shall shew that there is not one shewed to mee to prove this Writ to be usuall ) yet it were not materiall , for now we are not to argue what hath beene done de facto , for many things have been done which were never allowed ; but our question is , What hath beene done and may bee done de jure : And then , as it is said in Cok. lib. 4. fol. 33. in Mittons Case , Iudicand ' est legibus , non exemplis : and lib. 11. fol. 75. in Magdalen Colledge Case it is said , Multitudo errantium non parit errori patrocinium : and lib. 4. fol. 94. in Slades Case , Multitude of Presidents , unlesse they bee confirmed by Judiciall proceedings in Courts of Record are not to be regarded ; and none of these were ever confirmed by Judiciall Record , but complained of . But to give a more cleare answer unto them , I say , That in my opinion , upon view and serious reading of all the Records that have beene sent mee on the Kings part ( for I have read them all over verbatim ) and I presume they sent all that were conceived to bee materiall , and I having taken notes of every one of them , and diligently considered of them , I conceive there is not any President or Record of any Writ which maintaines this Case ; for there is not any President or Record of any such Writ sent to any Sheriffe of any Inland County , or Maritine County , to command the making of ships at the charge of the County , but this is the first President that ever was since the Conquest that is produced in this kind ; but it is true , that before 25. Ed. 1. there have been some Writs to Maritine Townes and Ports , and other Townes , as London , &c. Where they have had ships , and Mariners to provide and prepare ships , and to send them to places where the King pleased to appoint upon any just cause of feare of any danger , for defence ; and great reason that they having ships , and Masters of ships , and Mariners , should bee at the Kings command to bring all , or as many as hee pleaseth , for defence of the Sea and Kingdome , being those that had the most benefit of the Seas , and likely to have the losse , if the Seas and Coasts were not duely guarded , and those were most commonly appointed to bee at the Kings charge ; but sometimes , upon some necessity , they were appointed to be at the charge of the townes and parts adjoyning , which I thinke was the true cause of the complaint in Parliament , in 25. E. 1. and the making of that statute for staying that course ; for there is no Record afterwards of any such Writ in King Edw. 1. his time , after that statute to Maritine townes , to prepare or send ships at the charge of the townes , and none after , untill the time of Edward the third , and then the warres being betweene him and the French King , in Annis 10 , 11 , 12 , 13. of Edw. 3. were the most Writs awarded to the Maritine townes , to send ships at their charge sufficiently furnished ; and those I thinke were the principall cause of the making of the statute of 14. Edw. 3. cap. 1. and after that statute no such Writs , nor any Commissions for that purpose were awarded to make any ships at the charge of Maritine townes , untill 1. Ric. 2. m. 18. when Writs were awarded to many Maritine townes , and Inland townes , for the making of ships , which Record was much pressed by Mr. Atturny , & afterwards by my brother Weston , & my brother Berkley to prove that this course was and might be practised after the stat . of 14. Ed. 3. for sending forth such Writs , & allowed ; but that Record is fully satisfied : for it was grounded upon an ordinance in Parliament , in 1. Ric. 2. m. 52. that all ancient Cities , Burroughes , and Townes , that would have their liberties confirmed , should have them confirmed , without any charge of fine , save onely to make a ship of warre for defence of the Realme ; so this was not compulsary to any , but voluntarie to those that would have their liberties confirmed : And afterwards in 1. H. 4. Commissions were awarded for the making of such Vessels for warre ; but those issuing forth , without any ordinance in Parliament , were complained of in Parliament , 2. H. 4. m. 22. as to be against the liberty of the Subject , as appeareth by the Statute before recited , and the Commissions expresly repealed : And since that time of 2. Henr. 4. no such Writs issued forth in any age to any Maritine Towne , to cause ships , or prepare ships at their owne charge for the Kings service , untill these late Writs . And now I shall take a short view of all the Records that have been cited , and sent unto mee ; and leave them to the judgement of my Lords and others , if any of them prove these Writs to be usuall and legall . The Records in the time of King John . THree of these are to arrest and make stay of all ships that they should not goe out of the Kingdome , but to bee ready for the Kings service ; and the other was to bring ships of particular Townes to the mouth of the Thames for the Kings service . A Commission to guard the Seas to Iohn de Marshall , and to the Sheriffe of the County of Lincolne , and all others to attend his commands . Writs to the Barons of the Cinque Ports , and divers other Townes , to have their ships ready for the Kings service . In the time of King Henry the third . A Writ to the Bailiffe of Portsmouth to prepare one Gally . A Commission to the Bishop of Rochester and others , and to the Sheriffe of Kent , to cause all men at armes in that County to bee sworne , and to assesse them what armes they should find . A Writ to the Sheriffe of Norfolke , commanding him to cause them which were appointed to attend at the Sea coasts in that County , and having served forty daies intended to depart , that they should stay eight daies longer by reason of the danger , and longer , if need require . The like was sent to the Sheriffe of Suff. and Essex . A Writ to the Maior of Bedford , commanding him to provide for the expences of them that were sent from thence for the guarding of the Seas , yet it is but for eight daies more after the date of the Writ . A Writ to the men of Essex , Norff. and Suff. appointed to attend for the guarding of the Sea coasts , reciting that the King had appointed T. de M. Custodem maris , & partium maritinarum within their Counties , commanding them to assist him , and to performe therein what he required . A Writ to the Sheriffe of Cambridge and Huntington , to command all men of those Counties able to beare armes , to come to the King to London . In the time of King Edward the first . A Writ to those of Essex , Norff. and Suff. reciting that such persons were appointed ad custod ' Maritin ' in those Counties , commanding them to attend them . Another Writ to the Sheriffe of Norff. and Suff. reciting that certaine Constables of those Counties were appointed to assesse men at armes , sufficient for the guarding of the Sea coasts , commanding him to distraine , and compell them so assessed for to goe . Writs to the Sheriffe of Lincoln , York , and Northumberland , reciting that hee had commanded A. de B. ad congregand ' & capiend ' centum Naves between Ley and Barwicke , & ad homines potentes in eifdem navibus pon●●d ' , commanding them to assist him there . A Writ out of the Exchequer to Adam de Guerdon & aliis , Guardians of the Sea coasts in the county of Southt . to distraine the Abbot of Reading for to find nine horses , which he was assessed at for that service . Writs to all Archbishops , Bishops , Earles , &c. in the counties of Somerset , Devonshire , and Cornwall , to attend with their horsmen and footmen for defence of the sea coasts in those parts , when they shall bee required by the Guardian of those coasts . A Writ out of the Exchequer directed to all Archbishops , Bishops , Earles , &c. in the county of Norff. and to the Sheriffe of Norff. reciting that Peter de Rutlin was appointed ad custodiam partium maritinarum illarum , commanding them to assist him . A Writ out of the Exchequ●r directed to the Sheriffe of Berks , reciting that the King was informed by Adam de Guerdon , Guardian of the s●a coasts in the County of Southt ' , that those men of the County of Berks that were come ●o the d●fending of the sea coasts in those parts , came not as they were warned , commanded to distraine them and compell them , &c. The like Writs were awarded to the Sheriffe of Wiltshire , Southt ' &c. A Writ to the Bayliffes of great Yarmouth , reciting that the King was informed that certaine of Flanders and French in a great multitude , apparelled like Fishermen , intending to invade their Towne , warning them to gather their ships together , and all their armes to defend themselves against such attempt . A Writ to all Sheriffes and Bayliffes , &c. reciting that hee had appointed some therein named , Ad congregand ' numerum Navium , & Galliar ' major ' &c. commanding the Sheriffes in their severall Counties to bee assisting unto them therein . Note , ☞ all these Records are for arrayes and congregating of ships , but none to make or prepare ships at the charges of the Counties . A Writ of Supersedeas to the Guardian of the seas in the County of Southt ' to distraine Hugh Plessis to find armes for his lands in that County for the guarding of the seas , because he was in service with the King . A Writ to the Sheriffe of Essex to discharge for the Winter time those that lay at the sea coasts with their armes to defend their coasts , but commanding them to bee in a readinesse when they should be againe commanded . The like Writs were then awarded to divers Sheriffes of Maritine Counties to the same purpose . A Writ to the Sheriffe of Lancaster , reciting that whereas the King had formerly commanded him to goe to all the Ports and Townes where ships were , commanding the Bayliffe of the Ports to have all the ships of the burthen of 400. tuns at Winchester by such a day , now commandeth the Sheriffe to see them made ready and sent . The like Writs directed to the Sheriffe of Lincolne , York , Northumberland , and Cumberland . The like Writs directed to 19. other Ports and Townes in other Counties . A Commission to send to array men at armes in the County of Westmerland . In the Exchequer ( shewed by the Defendants Councell ) Writs were to severall Maritine Townes , and other Townes upon the sea coasts where ships were usually made , to make ships and gallies , and that the King will allow and pay for them when hee knoweth the charge thereof . In the time of King Edward the second . A Writ to all the men in the townes upon the sea coasts and Ports of the sea betweene Southt ' and Falmouth , reciting that the King had appointed Iohn de Norton to make provision of a Navie in the said townes and ports at their charges , commanding them to perform what he in that behalfe shall require . A Writ to the Bayliffes of Yarmouth , reciting that where the King had commanded all the ships of the burden of 50. tuns , from the Thames mouth towards the West part , to be at Portsmouth such a day , &c. and they had sent two ships , that the Masters and Mariners complained that they could not serve without wages , and therefore appointed them to send them wages . A Writ to the Bayliffes of Yarmouth , commanding them to send all their ships of the burthen of 30. tuns and above , to Orewell in Suff. with double tackling , victuals , and other things necessary for one moneth . The like Writs at the same time to other townes , to the number of 34. A Writ to the Maior of London to provide 3. ships with men and munition , to goe with 9. ships of Kent to guard the sea coasts . A writ to the Sheriffe of Norff. commanding him to warne all Barons , Bannerets , Knights , and Esquires , which were commanded to attend the King at Coventry at such a day , and to goe with the King . A writ to the Sheriffe of Norff. and Suff. commanding him to arrest all Barons , Bannerets , Knights , and Esquires , which were commanded to attend the King at Coventry , at such a day therein named , and came not , to be before the King and his Councell at London to answer . The Record saith , like Writs were then awarded to divers other sheriffes of other counties . A Commission to array all persons between the ages of 16. and 60. with armes convenient , to come to the King when they shall be required . A writ to the Archbishop of Canterbury , commanding him to array all his servants and family to bee ready to defend the Kingdome , if any invasion should bee ; the like writs at that time to all the Bishops . In the time of Edward the third . A writ to the Maior and Bayliffe of South-hampton , commanding them to cause all their ships of the burthen of 40. tuns and above , to bee furnished with men at armes and victuals , ready to defend the Land , if any invasion should happen . A cōmission to Hugh Courtney to guard the seas in the counties of Devonshire and Cornwall , & commanding all others to assist him . The like commission to Hugh Courtney , for guarding the seas in the same county . A writ is to Bartholomew de Insul● , for custodie of the sea coasts in the county of Southhampt . and therein is a command to Iohn Tichborn and others for the county of Southhamp . and to William de Pershiore and others for the county of Berks , and to Iohn Mandit & others for the county of Wilts. to array men with armes , and to have them in readinesse to defend the coasts of the county of Southhampt . A writ to William Clinton guardian of the Cinque Ports and others , to survey all the ships of the Cinque Ports and other Ports from the mouth of the Thames unto Portsmouth , and to cause them to bee furnished with armes and victuals for 13. weekes from the time they shall go from Portsmouth . A Writ to the Maior of Winchester , to cause the ships appointed for that town to be furnished with men at armes and victuals , and other necessaries for 13. weekes . A writ to the Admirall of the Fleet from the mouth of Thames unto the West parts , to keep upon the seas the ships of the Cinque Ports , and other ships arrested to defend the Kingdome against any attempt of invasion . The like writ was then to the Admirall of the Fleet from the mouth of the Thames unto the North parts , with like command to hold the ships together upon the sea . A writ commanding the ships of the Ports of Ireland to bee sent hither to guard the seas here . A writ to the Bayliffes of Yarmouth , to cause the men of that towne to contribute to the charges of the ships , and men and victuals sent from thence for the defence of the Kingdome . A writ to all the Liberties and men of South-Wales , to have one ship riding upon the seas for the defence of those parts . The like unto the men of North-wales . A writ to the arrayers of men for the county of Berks , to compell them of that county assigned and assessed for the keeping of the sea coasts in the county of Southt . to go to Portsmouth by a day therein appointed . A Commission , reciting that the King had appointed all the ships from the mouth of the Thames Northward to bee arrested , and to cause them to bee furnished with munition , men , and victuals , and to bee brought to Yarmouth ; and that the men of Lin refused to contribute to the expences of the charge of the men sent in the ship from that town , and the furnishing of that ship ; and therefore commanded the comers therein named to assesse them that refuse so to contribute , and to distraine them for it . The like to compell the men of Bard●ey● to contribute for the expences of the men of that towne . The like to compell the men of Surrey and Sussex , to contribute to the expences of the men of those counties , that attended for the guarding of the sea coasts there . A writ to all Archbishops , Bishops , &c. and to the Sheriffe of Kent , and to the Barons of the Cinque Ports , and all others in that county , commanding them to bee assisting to I. de Cobham , to whom the custody of the seas in those parts is committed , and to defend those coasts against forraine invasion . A writ to the Maior of London , reciting the danger of invasion , &c. commanding to shut up the gates towards the water , if the enemies approach . A writ to the Bayliffes of Yarmouth , reciting by his writ he had commanded 4. ships of warre of that town to be made ready with men , munition , & victuals for three moneths , at the charges of the towne , to bee brought to Orewell , and that they failed to come at their day , to the great perill of the Land ; therefore commandeth the Bayliffes to compell them at another day therein prefixed to be at the same place . There it is set down that the like Writs were awarded to the Bayliffes of 17. other townes , for the sending their ships , being charged some for 1. ship , and some for 2. ships . A Supersedeas for the Abbot of Gwaverra to find a ship as he was appointed , because he found divers men at arms in the Isle of Wight . A Supersedeas for the Abbot of Ramsey for being charged with armes for the guarding of the coasts of Norff. for his lands in Norff. because he was by command attending with all his forces in the countie of Huntington , for the safety of those parts . A writ of Supersedeas to the arrayers of armes in the county of Oxon ' , to discharge Iohn Mandit to serve there , because he attended in Wilts. A writ , &c. to the arrayers of armes in the county of Wilts. which is onely concerning the payment of souldiers wages , who attended to guard the sea coasts . These being all the Records shewed , it ●●peareth that there were no writs issuing out in those times to any Sheriffes of Inland counties , or Maritine counties , to make or prepare ships for any occasion whatsoever , but onely to Maritine townes , to send their ships , or to prepare ships at their owne charges . The Records since 14. E. 3. shewed me , doe not shew any writs to bee awarded to any Maritine towns , to prepare ships at the charge of the townes . But those Records of 1. Ric. 2. and 1. Hen. 4. which I have before answered , and the Records since that time shewed unto me ( except such as I have formerly mentioned in my argument ) are these : A commission to Nicholas de Cartlape , to array men to resist the Scots . A writ to the Maior of Yorke , to array all their men to be ready when they shall be required . A commission concerning arrayes of men in the counties of Derby and Nottingham , and to punish such as came not when they were appointed . A writ to the arrayers of men in the county of South-hampt . to discharge the Abbot of Bettaile to find armes for the sea coasts there . A commission to Iohn de Bodingham for the custody of the Ports and Maritine parts in Cornwall , and to array all the men to be in a readinesse . Note , ☞ all these Records are onely for arrayes of men , and none for preparing ships . There it is set downe , that the like Commissions are to others in severall counties . A commission to the Earle of Huntington , to have the custody of the Ports in Kent , and to array men , and to set up beacons , &c. which is the first I observe in that kind . The like commissions were then to severall other persons , to array men in severall counties , as Warwick , Oxon. Berks , Bucks , &c. A writ to the Archbishop of Cant. reciting the danger of invasion by the French to hurt the Church and Kingdome , to array all his Clergy in his Diocesse , &c. to bee ready to goe with the Kings forces to defend , &c. The like writs to all other Bishops in the Kingdome . A writ to the arrayers of men in the county of Norff. and to the Sheriffe of Norff. commanding them to command all great men and others , that had mansions upon or neere the sea coasts , to resort with all their families for defence of those coasts . The like to the arrayers , and to the Sheriffes often other Maritine counties . A commission to the Bishop of Durham and others , to array men in Durham , Cumberland , and Northumb. to resist the Scots . A writ to William Hench and others , to remove with all their families to their houses upon the sea coasts . In the time of Richard the second . A writ to the Bayliffe of Scardeburgh , because the towne was upon the coasts of the sea , and in danger by invasion , carefully to look to the custody thereof , &c. A writ to the Maior and Bayliffes of Oxon. to repaire the walls of the town , and to compell those that had lands there to contribute to the expences thereof . This Record hath beene much urged by Mr. Sollicitor and Mr. Attorney , that if the King have such a power to command the walls of a towne to bee repaired , much more to command ships to be made , which are the walls of the sea , and consequently the walls of the Kingdome . But this is clearly answered , for that it is but a private charge of a private towne , and that had beene formerly so walled , and for defence & safety of the town , and none charged but those that have benefit thereby , and so proveth nothing to the Case in question . One writ to the Sheriffe of Kent , and another to the Sheriffe of Essex , commanding an ordinance made , &c. by the King and his Councell , for setting up of Beacons , and keeping watch about them . A writ to the Archbish. of Cant. to command all his Clergy betweene 16. and 60. to bee arrayed and put in armes , both horse and foot , according to their qualities , to bee ready to defend the Kingdome . A writ to a Serjeant at armes , to array all ships of warre in the Ports of Plimouth and Dartmouth , and other parts in the county of Cornwall , and to bring them to Hanks hook to go with the Kings Majesties ships . In the same Roll are divers other writs to divers other Serjeants at armes , to arrest the ships in divers other ports . A commission to the Duke Albernale , to array men in the West Marches towards Scotland to resist the Scots . A writ to the Sheriffe of Derby and Nottingham , reciting that the King certainly understood , that the Scots intended with a great power to invade the Kingdome , commandeth him to proclaim in all parts of his counties , that all men betweene 16. and 60. should put themselves in arms competent , according to their degrees , to bee ready upon two dayes warning to defend the Kingdome . The like writs were then directed to the Sheriffes of Lincoln , Yorke , and Lancaster . A writ to the Archbish. of Cant. reciting Satis informati estis qualit . inimici nostri Franc. & alii sibi adhaerentes , cum magna classe navium , cum magna multitudine armator ' super mare congregat ' , diversas villas per Costeram regni nostri invadere , & nos & regnum nostrum destruere , & Ecclesiam Anglicanam subvertere intendunt & proponunt : Thereupon commandeth , that the Clergy in that Diocesse be arrayed and armed , and to be ready at the Kings command to goe against the enemy . The like Writs were then awarded to every Bishop in England . A commission to Thomas de Morley and others , and to the sheriffes of Norff. and Suff. and to the Bayliffes of great Yarmouth , reciting , Quòd cum inimici Franc. Brittan . Scot. & alii sibi adhaerentes , inter se obligat . magna armat . super mare in aestate proxim . futur . ordinaverunt & intendunt regnum invadere , &c. commandeth to survey that town of Yarmouth , & to fortifie it . Note here also , notwithstanding such great danger mentioned , and such distance of time , yet that no Writs issued to any counties to prepare ships . A commission to array all men at armes in the West-Riding in Yorkshire , to bee ready to defend those parts . The like Commissions to others in nineteen severall counties . Commissions for arraying men for defence of the Kingdome , if invasion shall be , and for repressing of Rebels . Commissions unto George Duke of Clarence and others , to array men for defence . A Commission to Iohn Lord Howard , to be Captaine of all the Forces . A Commission to Marquesse Mountague , to array and put in armes all men beyond Trent . A Commission to Rich. Fitz-Hugh , &c. and to the Sheriffe of Yorkshire , to array and cause to bee armed all able persons , Abbots , and others , to be ready to defend the Kingdome . A Writ to the Sheriffe of Norff. and Suff. to proclaime in all parts of those counties , for that there was like to be open wars between Charles of France , and the King of Romans , and great Navies are prepared of either side , commandeth that watch and ward bee kept , and beacons kept , to give warning that every man be ready if need be , to come and defend the Kingdome . A Writ to the Sheriffe of Kent , commanding him to proclaime in his county that the King bee certainly informed , that the French King hath prepared and put in readinesse a great and strong Navie , furnished with men of warre , to invade this his Kingdome ; therefore commandeth all men , betweene the age of 16. and 60. to put themselves in armes , and to bee ready to defend the Kingdome at an houres warning . Cōmissioners went to take view of all the horses of England for service , and to survey all the armes , to have them all put in readinesse , as necessity should require . Now it appeareth upon view and examination of all these Records , most of them being cited by Mr. Sollicitor and M. Attorney in their severall arguments , that there are none to prove the sending of any such Writs to Inland or Maritine counties to prepare such ships , although there hath beene many times great danger ; nor yet any Writs to Maritine towns after the Stat. of 14. E. 3. to charge them to find any ships at their charges : So then I conclude this point , that I conceive this Writ is not warranted by any former President . Now I come to examine the points of this Writ , whether the same bee legall , and warranted by any former Presidents , and I conceive it is not : For First , the motives mentioned in the Writ are , Quia datum est nobis intelligi , which is no certain information , quòd quidam praedones & maris grassatores , did take the Kings subjects , Merchants and others , and carried them into miserable captivity . Cumque ipsos conspicimus navigium indies praeparantes ad mercator ' nostros molestand ' , & regnum nostrum gravand ' . All these and those following I conceive are not sufficient motives , and were never in any President before to have a royall Navie prepared , for the former Presidents are , that great Princes in open times of hostility had provided great Navies with munition and souldiers , with intent to invade the Kingdome , as appeareth by the former Presidents : and against such provision it was necessary to provide a royall Navie , the Kings ships and all the ships of the Kingdome to be gathered to withstand them ; but to make such preparation against Pirats , it was never put in any Writ before : for when Pirats infested the seas , they came as it were by stealth to rob and to doe mischiefe , and they never dare appear , but when they may doe mischiefe , and escape away by their lightnesse ; but against them the usuall course hath beene , that the Admirall or his Deputy with some few ships have scoured the coasts , and not to imploy a whole Navie , and this appeareth by the Record of 25. E. 1. m. 9. where Will. Leyborne the Admirall was appointed upon such an occasion with ten ships to lye upon the seas ; and the usuall practice hath beene , when they hover upon the seas , by sending a few ships of war to scatter them , and to make them absolutely to flye away : & there is no doubt of loss of the dominion of the seas by any act that Pirats can do , neither convenient that every county of the Kingdom should prepare ships against them . The command of this Writ to provide a ship of 450. tuns at the charges of the county , furnished with Masters and Mariners , which is impossible for them to doe for the reasons before alledged ; and therefore is illegall , and not warranted by former President . The command of the Writ to find wages for the souldiers for 26. weeks after they come to Portsmouth , when they are out of their counties , and in the Kings service , is illegall , being against the course of Presidents in divers times , and against divers expresse statutes : and this appeareth by divers Records . 15. Ioh. In the Writs of Summons of the Tenants by Knights service , it is expresly mentioned , that after their 40. daies service ( for so many daies they were to doe service by their tenures ) they should be satisfied ad denarios Regis . Pasch. 26. E. 1. amongst the Writs of the Exchequer it is there set down , that the footmen of Cheshire being 1000. which were appointed to goe to the defence of the borders upon Scotland , would not stirre out of the county without their wages ; and there is set downe , that one therein named was sent down with monie to pay the said footmen . Mich. 26. E. 1. Inter Brevia irretornab . in the Exchequer , by reason of the invasion of the Scots , many thousands of souldiers were taken from divers parts of the Kingdome , ad vadia Regi● , and there mentioned , that Clerkes were sent downe with mony to pay the souldiers of severall counties their wages . In the Exchequer in accompt the wages of land souldiers for severall counties , and the wages of Mariners , are set downe what the wages that was paid came to by day , both by sea and land . Inter Brevia in the Exchequer , the Wardens of the Marches of Scotland signified unto the Barons , that the men of Cumberland and Westmerland , appointed for the defence of the Marches , would not stirre out of their counties without wages , whereupon order was given for wages for them . Commissions went out to pay the souldiers , which served out of severall counties for defence against Scotland . In the Exchequer it was ordered in Parliament , that where some souldiers had received of some of the Kings officers monies for their wages , were fain to give bond for repayment , that those bonds should all be redelivered . But to clear all doubts , the expresse statute of 18. E. 3. c. 7. is , That men of armes , Hoblers and Archers , chosen to go in the Kings s●rvice out of England , shall be at the Kings wages from the time they goe out of their counties where they were chosen , untill the time they come home againe . Those that had any grant of lands from the King , and those that had any offices of the grant of the King , are to serve the King in his wars , but in both it is appointed , they shall have wages from the time they come from their houses , untill they shall returne . It is enacted , That no Captaine receiving souldiers serving by sea or by land , shal receive any wages for more souldiers or more time then they serve , and shall enter the daies of their entring into wages upon pain , &c. All which Records and Statutes do prove , that the souldiers should be at the Kings wages ; therefore this command for souldiers wages for 26. weekes when they goe from Portsmouth , is illegall , and expresly against the said Statutes : and so the assessment being entire , as well for the wages as the other charges , I hold to bee clearly illegall , and not to be demanded . That the command of this Writ to the Sheriffe to assesse men at his owne discretion , is not legall , nor warranted by the Presidents ; for the Presidents are commonly that assessements for contribution for making or setting out of ships , have been by Commissioners , which by presumption had knowledge of such matters as commonly Sheriffes have not . Also this leaveth to the Sheriffe too great a power to value mens estates , as to inhaunce whom he will , & to favour whom he will . That the power to the Sheriffes & Maiors of townes , &c. to imprison , especially as it is used for non-payment of the mony , is illegall , and expresly against divers Statutes ; for it is provided by Magna Charta , c. 29. Quòd nullus capiatur vel imprisonetur , nec super eum ibimus nisi per judicium Parium suor ' vel per legem terrae . Also in 5. Ed. 3. cap. 9. that none shall bee attached , or his goods seized contrary to the forme of the great Charter . Also by the statute made Mich. 37. E. 3. cap. 18. it is recited , that by that great Charter none should bee taken or imprisoned but by due processe of law , yet by colour of this Writ the Sheriffe may imprison any person , yea any Peere of the Realm ; for although Peers are not to be arrested upon ordinary process between party & party , as it was resolved in the Countesse of Rutlands case , in Cok. l. 6. fol. 32. yet for a contempt , and upon processe of contempt , which is alwaies for the King , any Peere may be imprisoned , as it is resolved by all the Lords and all the Judges in the Star-chamber in the Earle of Lincolnes case : and so the Sheriffe by colour of this Writ may arrest any Peer , as for a contempt in not paying ; but by the Booke case , 2. E. . 3. fo. 2. it is resolved , that a Writ to imprison one upon suggestion before hee be indicted , and without due processe of law , was illegall ; so for the case I hold this Writ to be illegall . The last clause of this Writ is , That by colour of this Writ more should not be gathered then will be sufficient for the necessary expences of the premisses ; and that none that levie any mony towards these contributions , shall detaine the same with them , or imploy the same to other uses : and that if more then did suffice were collected , it should bee paid amongst those that paid , after a rateable proportion . These are reasonable clauses ; but as the course is taken , it is not to be performed : for no ship , nor tackling , nor munition , nor men , nor wages , nor victuals being provided , it is not to be known whether more be gathered or lesse then would suffice ; and there being mony gathered , it is of necessity either detained with the Collector or Sheriffe , or imployed to other uses then are appointed by the Writ , so the writ is not performed ; and the money assessed and collected , is not duely made nor collected , and the mony assessed and unpaid , cannot be duely demanded . Admitting that the Writ were legall , & the commands therein legall , yet the assessment , as it is certified , is not sufficient to charge the Defendant ; for it is not certified that any ship with munition & men , and wages for men , and victuals , were prepared , and this is a yeare after the time that it should have beene prepared & sent to Portsmouth ; and if it were not prepared , there is no cause to charge the Defendant : and that not appearing to be done , it shal be conceived not to be done ; for if a man be charged with mony in consideration of a thing to be done before a certaine time , if the thing be not performed according to the time , none can bee charged for not being contributory to it after the time is past ; for it is in nature of a condition precedent , to have a duty or summe of mony to be paid after the condition performed , and there he that will have the duty , must shew that the condition is performed : This appeareth in the case of 15. H. 7.1 . & Cok l. 7. fo. 9. Ughtrees case . And if the ship be not prepared according to the Writ , nor mony imployed for preparing a ship , for and in the name of the county , then every one that paid any mony , either voluntarily , as in obedience to the Writ , or compulsorily upon distresse , may demand their mony again of the Sheriffe , or of them that received it ; for as they paid their mony , so it must be disposed of , and cannot be disposed of otherwise by any cōmand whatsoever , although it be under the great Seale ; for the command being under the great S●ale to prepare and furnish a ship to such purpose as in the Writ is mentioned , and they paying it to that purpose , it cannot bee otherwise disposed , although it bee more for their advantage : for private men having interest therein , that cannot bee taken from them , no● dispenced withall ; therefore in Cok li . 7. fol. 27. in the case of penall laws it is resolved , That if the penalty appointed to be forfeited upon a penall statute be given to the poore of the Parish where the offence is committed , the King cannot dispense with the penalty for that offence , because the poore have an interest therein ; but if the penalty be given , part to the King , and part to the poore , the King may dispense with his owne part , but not with the part of the poore . And where it is said , that this is by way of accommodation , because the country cannot well know how to provide to content , and perhaps with more charge . To this is answered , they must doe it at their perill , if the Writ be legall , and then if it be done , they shall have the benefit thereof ; for as my brother Weston and my brother Berkley have both agreed , if the ship were made when the service is done , the county for which it was made shall have the benefit of the ship and the munition , and of the service of the men , being made more expert against another time , and the ship may with some easie charge serve again , and nothing lost but the expences of the victuals , and the Kingdome shall be so much the more strengthened by having so many ships made or prepared ; and they may have account of their mony how it was bestowed , and if any surplusage bee gathered , to have it restored ; And that the law is so , that if mony be received of the county , and not imployed accordingly , the party so receiving it is accountable to pay a fine for the same to the King , and to the county for the money , appeareth by two Records , the one in Hill. 16. E. 3. rot . 23. in the Kings Bench , where two souldiers were indicted , for that they 8. E. 3. taking 3. li. a piece towards their armour , and to the bringing them to the place where they were appointed to serve the King in England in warres , went not , but tarried still in their houses , and retained the armour & the mony they had received for that purpose : They thereupon being convented , pleaded not guilty ; and the one was found to go in service according to the appointment , so hee was discharged : and the other was found that he received the mony , and went not to doe the service , nor restored the armes nor mony ; thereupon he was committed to the prison , & paid to the King a fine , and found sureties to pay the mony to the Hundred again , from whom he had received it . The other was Hill. 20. Ed. 3. rot . 57. in the Kings Bench , where two high Constables were indicted for that they 8. E. 3. had received 6. Markes of the townes in their Hundreds to set forth souldiers , and had not set them forth , but retained the mony , which they denying , it was found that they had received the mony for that purpose , and disbursed 41. s. 6. d. thereof towards the setting forth of souldiers , but had retained 38. s. 6. d. and not disbursed it ; thereupon they were fined and imprisoned , and after inlarged upon sureties to pay the mony they had retained undisbursed at the next time when the King commanded souldiers for those parts ; By both which Records , being for offences done so long before , it appeareth that those that have received mony of the country to prepare ships , they are answerable unto the King or his Successors to pay a fine for their imployment of it otherwise , and are chargeable to those of the county of whom they received it , for repayment thereof . For the last point I conceive , that this Certiorari directed to the two that were late Sheriffes at the time of the assessment , and not to the Sheriffe that was at the time of the Certiorari awarded , who is the only and immediate officer to return the Writs , is not legall ; for it is the first that hath beene seen of that kind● for all Writs are directed to some immediate Sheriffe , requiring him to demand of the former Sheriffes what they did upon the former Writ , and they are to returne to him what hath been done , and he to return the same to the Court , whereunto he is the immediate officer , and the former are not any officers . So the Scire fac ' thereupon grounded I conceive is not good , also the Scire fac ' to warne Mr. Hampden ad ostend ●i quid pro se habeat , &c. quare de praedict viginti solid . onerare non debet , not shewing to whom , is uncertaine and insufficient . Thereupon I conclude upon the whole ma●er , That no judgement can be given to charge the Defendant . FINIS . Iudgement was given against Mr Hampden by the greater part of the Iudges : And when the Iudges had delivered their opinions , the Barons gave Iudgement Quod oneret●r , &c. Afterwards in this present Parliament begun at Westminster , 3. Novembris , Anno Dom. 1640. the Commons took into their considerations the extrajudiciall opinions of the Iudges , the Ship-writs , and this Iudgement against Mr Hampden ; and being read openly in the House , after long debate , Die Lunae , septimo die Decemb. 1640. these foure severall Votes passed upon them , without so much as one negative Voice to any of them : ( viz. ) THat the charge imposed upon the Subjects for the providing and furnishing of Ships , and the assesments for raising of money for that purpose , commonly called Spip-money , are against the Laws of the Realm , the Subjects right of Property , and contrary to former resolutions in Parliament , and to The Petition of Right . THat the extrajudiciall opinions of the Judges , published in the Star-chamber , and inrolled in the Courts at Westminster , in haec verba ; THE CASE . Charles Rex . VVHen the good and safety of the Kingdome in generall is concerned , and the whole Kingdome in danger , whether may not the King by Writ under the Great Seal of England command all the Subjects in this Kingdome at their charge to provide and furnish such number of Ships , with men , victuall , and munition , and for such a time as hee shall think fit , for the defence and safegard of the Kingdome from such danger and perill , and by Law compell the doing thereof , in case of refusall or refractorinesse ; And whether in such case is not the King the sole Judge both of the danger , and when and how the same is to be prevented and avoided . C. R. THEIR OPINIONS . MAy it please Your most excellent Majesty , We have , according to Your Majesties command , severally , and every man by himself , and all of us together , taken into serious consideration the Case and questions signed by Your Majestie , and inclosed in Your Letter : And we are of opinion , That when the good and safety of the Kingdome in generall is concerned , and the whole Kingdome in danger , Your Majesty may by Writ under the Great Seale of England command all the Subjects of this Your Kingdome at their charge to provide and furnish such number of Ships with men , victuall , and munition , and for such time as Your Majesty shall think fit for the defence & safegard of the Kingdome from such danger and perill ; and that by Law Your Majesty may compell the doing thereof in case of refusall or refractorinesse . And we are also of opinion , that in such case Your Majesty is the sole Judge both of the danger , and when and how the same is to be prevented and avoided . In the whole , and in every part of them are against the Lawes of the Realme , the Right of Property , and the liberty of the Subjects , and contrary to former Resolutions in Parliament , and to The Petition of Right . THat the Writ following in hae● verba : viz. CHARLES by the Grace of God King of England , Scotland , France , and Ireland , Defender of the Faith , &c. To Our right trusty and welbeloved Councellor , Thomas Lord Coventry , Keeper of Our great Seal of England , greeting . These are to will and require you , that for the safegard of the Seas , and defence of the Realme , you issue forth or cause to be issued forth of our high Court of Chancery these ensuing Writs in the forme following , with Duplicats of them , under Our Great Seale of England , unto the Counties , Cities , Townes and places hereafter ensuing , and for so doing this shall be your warrant . REx , &c. Vic. Com. nostri Buck. Ballivis & Burgensibus Burgi & paroch . de Buckingham : Maiori , Ballivis , & Burgensibus Burgi de Chepping Wicombe , alias Wicombe : Ballivis , Aldermannis , & Burgensibus Burgi de Aylesbury , ac probis hominibus in eisdem Burgis & parochiis , & membris eorundem , & in Villis de Agmondisham , Wendover , & Marlowe magna , ac in omnibus aliis Villis , Burgis , Villat . Hamlet . & aliis locis in dicto Com. Buck. salutem . Quia datum est nobis intelligi quod praedones quidam , Piratae & maris Grassatores tam nominis Christiani hostes , Mahumetani , quam alii congregat . Naves & bona ac mercimonia non solum Subditorum nostrorum , verumetiam Subditorum Amicorum nostrorum in mari , quod per gentem Anglicanam ab olim defendi consuevit , nefariè diripientes & spoliantes ea , ad libitum suum deportavere , hominesque in eisdem in captivitatem miserrimam mancipantes . Cumque ipsos conspicimus , Navigium indies praeparantes ad Mercatores nostros ulterius molestand . & regnum gravand . nisi citius remedium apponatur , eorumque conatui virilius obvietur : consideratis etiam periculis quae undique his guerrinis temporibus imminent , ita quod nobis & Subditis nostris defensionem maris & regni , omni festinatione qua poterimus accelerare convenit : Nos volentes defensioni regni , tuitioni maris , securitati Subditorum nostrorum salvae conductioni Navium & Merchandizarum ad regnum nostrum Angliae venient ' . & de eodem regno ad partes exteras transeunt ' . ( auxiliante Deo ) providere ; maxime cum nos & Progenitores nostri Reges Angliae Domini maris praedict. semper hactenus extiterint , & plurimum nos taederet , si honor iste regnis nostris temporibus depereat , aut in aliquo imminuatur . Cumque onus istud defensionis quod omnes tangit , per omnes debeat supportari , prout per legem & consuetudinem regni nostri fieri consueverit . Vobis praefat. Vicecom . Maior . Ballivis , Aldermannis , Burgensibus , probis hominibus , & omnibus aliis quibuscunque supramentionat . Villis , Burgis , Vill . Hamlet . & locis suprad . eorumque membris in fide & ligeantia quibus nobis tenemini , & sicut Nos & honorē nostr. . diligitis , necnon sub forisfactur . omniumque quae nobis forisfacere poteritis firmiter injungend . Mandamus , quod unam Navem de guerra portagii quadringent . & quinquagint . doliorum cum hominibus tam Magistris peritis quam Marinariis valentioribus & expertis , centum & octoginta ad minus , ac etiam tormentis tam majoribus quam minoribus pulvere tormentario ac hastis & telis , aliisque armatur . necessar . pro guerra sufficien . & cum duplici eskippamento , necnon cum victual . usque ad primum diem Marcii jam proximè sequentem ad tot . homines competent . & ab inde in viginti sex septimanas ad custagia vestra tam in victual . quam hominum salariis & aliis ad guerram necessariis per tempus illud super defensionem maris in obsequio nostro in Cōmitiva custodis maris cui custodiam maris ante praedictum primum diē Martii committimus , & prout ipse ex parte nostra dictaver . moratur . praeparari , & ad Portum de Portesmouth citra dictum primum diem Marcii , duci faciatis : Ita quod sint ibidem eodem die ad ultimum ad proficiscend . exinde cum Navibus nostris & Navibus aliorum fidelium Subditorum nostrorum pro tuitione maris & defensione vestrum & vestrorum , repulsioneque & debell●tione quorumcunque quae Mercatores nostros & alios subditos & fideles praedictos in Dominia nostra ex causa Mercatur . se diverten . vel ab inde ad propria declinan ' super mare gravare seu molestare satagentium . Assignavimus autem vos praefat. Vicecom . com . nostri Buck. Maiores & Ballivos Villarum & Burgorum praedict. aut aliquos sex vel plures vestrum , quorum te praefat. Vic. Com. nostri Buck. unum esse volumus , infra triginta dies post receptionem hujus Brevis ad assidend. quantum de custagiis praedictis super praedict. Burg. & paroch . de Buckingham ac praedict. Burg. de Chepping Wicombe , alias Wicombe , & praedict. Burgi de Aylesbury , cum membris eorundem , & vill. . de Agmondisham , Wendover , & Marlowe magna , cum membr. eorundem , separatim poni aut assideri debeat . Et si hujusmodi Assessamenta infra praedict. triginta dies per vos sex vel plures vestrum fieri non contigerint , tunc assignavimus te praefat. Vic. Com. nostri Buck. ad assidend. hujusmodi super praedict. vill . & burgos & membr. eorundem faciend . prout rationabiliter videris faciend . Et volumus quod de toto facto tuo tu praefat. Vic. Buck. sub sigillo tuo praedictos Maior . & Ballivos reddas certiores . Assignavimus etiam vos praefat. Ballivos & Burgenses Burgi & paroch . de Buckingham ad assidend. omnes homines in praedicto Burgo & paroch . & membris eorundem , & terr . tenen . in eisdem ( Navem vel partem Navis praedict. non habentes , vel in eadem non deservientes ) ad contribuend. expens . circa provisionem praemissorum necessar . & super praedictum Burgum & paroch . cum membr. eorundem sic ut praefertur assidend. & ponend. . viz. quemlibet eorum juxta statum suum & facultates suas & portiones super ipsos assessas per districtiones aliosve modos debit . levand . Et Collectores in hac parte nominand . & constituend . & omnes eos quos rebelles & contrarios inveneritis in praemissis , carceri mancipand . in eod. moratur . quousque pro eorum deliberatione ulterius duxerimus ordinand . Assignavimus etiam te praefat. Maiorem Villae & Burgi de Chepping Wicombe ad assidend. omnes homines in praed. vill. . & Burgo , & membr. ejusdem , & terr . tenen . in eisdem Navem vel partem Navis non habentes , vel in eadem non deservientes ad contribuend. expensis circa provisionem praemisssor . necessar . Et super praedictum Burgum cum membris ejusdem sic ut praefertur assidend. & ponend. . videl. quemlibet eorum juxta statum suum & facultates suas & portiones super ipsos assessas per districtiones aliosve modos debitos levand . Et Collectores in hac parte nominand . & constituend . & omnes eos quos rebelles & contrarios inveneris in praemissis , carceri mancipand . in eod. moratur . quousque pro eorum deliberatione ulterius duxerimus ordinand . Assignavimus etiam vos praefat. Ballivos , Aldermannos , & Burgenses Burgi de Aylesbury praedict. ad assidend. omnes homines in eodem Burgo & membris ejusdem & terr . tenen . in eisdem ( Navem vel partem Navis praedict. non habentes , vel in eadem non deservientes ) ad contribuend. expensis circa provisionem praemissorum necessar . et super praedict. Burgum et membr. ejusdem sic ut praefertur assidend. et ponend. . videl. quemlibet eorum juxta statum suum et facultates suas et portiones super ipsos assessas per districtiones aliosve modos debitos levand . Et collectores in hac parte nominand . et constituend . et omnes eos quos rebelles et contrarios inveneritis in praemissis , carceri mancipand . in eod. moratur . quousque pro eorum deliberatione ulterius duxerimus ordinand . Et ulterius assignavimus te praefat. Vic. Com. nostri Buck. ad assidend. omnes homines in praedictis villis de Agmondisham , Wendover , et Marlowe magna , et in membris eorundem , ac in omnibus aliis Villis , Burgis , Villat . Hamlet . et aliis locis in dicto Com. Buck. et terr . tenen . in eisdem ( Navem vel partem Navis praedict. non habentes , vel in eadem non deservientes ) ad contribuend. expensis circa provisionem praemissorum necessar . Et super praed. Villas , Burg. Villat . Hamlet . et locos cum membris eorundem sic ut praefertur assidend. et ponend. . videl. quemlibet eorum juxta statum suum , et facultates suas , et portiones super ipsos assessas per districtiones aliosve modos debitos levand . Et collectores in hac parte nominand . et constituend . et omnes eos quos rebelles et contrarios inveneris in praemissis , carceri mancipand . in eod. moratur . quousque pro eorum deliberatione ulterius duxerimus ordinand . Et ulterius vobis mandamus quod circa praemissa diligent . intendatis , et ea faciatis , et exequamini cum effectu sub periculo incumb . Nolumus autem quod colore praedicti mandati nostri plus de eisdem hominibus levari fac . quam ad praemissa sufficiet expensas necessar . aut quod quisquam qui pecuniam de contributionibus ad praed. custag . faciend . levaverit , eam vel partem inde aliquam penes se detineat , vel ad alios usus quovis quaesito colore appropriare praesumat , volentes quod si plus quam sufficiat collectum fuerit , hoc inter solventes pro rata portionis ipsis contingen . exsolvatur . T. &c. Convenit cum Recordo & exam. Per me JOH. CASSE . And the other Writs , commonly called the Ship-writs , are against the Lawes of the Realme , the Right of Property , and the liberty of the Subjects , and contrary to former resolutions in Parliament , and to the Petition of Right . THat the Judgement in the Exchequer in Mr Hampdens Case , a Transcript whereof followeth in haec verba : ( viz. Quod separalia brevia praedicta & retorna eorundem , ac schedul . praedict. eisdem annexat . ac materia in eisdem content . sufficien . in lege exist . ad praef. Ioh. Hampden de praedictis viginti solidis super ipsum in forma & ex causa praedict. assessis , onerand . Ideo consideratum est per eosdem Barones , quod praedictus Iohannes Hampden de eisdem viginti solidis oneretur , & inde satisfaciat . ) In the matter and substance thereof , and in that it was conceived that Mr Hampden was any way chargeable , is against the Laws of the Realme , the right of Property , the liberty of the Subjects , and contrary to former Resolutions in Parliament , and to the Petition of Right . These Votes were afterwards transmitted by the House of Commons to the Lords , and delivered by Mr St Iohn now his Majesties Solicitor generall , at a conference of both Houses of Parliament , held 16. Car. 1640. Die Mercur. 20. die Ian. 1640. It was resolved by the Lords upon the question , Nemine contradicente : THat the Ship-writs , the extrajudiciall opinions of the Judges therein , both first and last , and the Judgement given in Mr Hampdens Case , and the proceedings thereupon in the Exchequer Chamber , are all illegall , and contrary to the Lawes and Statutes of this Realme , contrary to the Rights and Proprieties of the Subjects of this Realme , contrary to former Judgements in Parliaments , and contrary to the Petition of Right . Likewise resolved upon the Question , Nemine contradicente : THat the extrajudiciall opinions inrolled in the Exchequer Chamber , and in other Courts concerning Ship-money , and all the proceedings thereupon are illegall in part and in whole , and contrary to the Laws and Statutes of this Realm , contrary to the rights and proprieties of the Subjects of this Realm , and contrary to former Judgements in Parliaments , and contrary to the Petition of Right . Die Veneris , 26. die Februarii , 1640. VPon the report of the Right Honourable the Lords Committees appointed to consider of the way of vacating of the Judgement in the Exchequer concerning Ship-money , It was ordered by the Lords Spirituall and Temporall in the high Court of Parliament assembled , That the Lord Keeper , or the Master of the Rolls , the two Lo : Chiefe Justices , and the Lo : Chiefe Baron , and likewise the Chiefe Clerke of the Star-chamber , shall bring into the Upper House of Parliament the Record in the Exchequer of the Judgement in Mr Hampdens Case concerning Ship-mony ; and also the severall Rols in each several Court of K. Bench , Common Pleas , Exchequer , Star-chamber , and Chancery , wherein the Judges extrajudiciall opinions in the Cases made touching Ship-money be entred , and that a Vacat shall be made in the Upper House of Parliament of the said severall Records . And likewise the Judgement of Parliament touching the illegality of the said Judgements in the Exchequer , and the proceedings thereupon , and touching the illegality of the extrajudiciall opinions of the Judges in the said severall Courts concerning Ship-money , be annexed and apostiled unto the same : And that a Copie of the judgement of the Parliament concerning the illegality of the said Judgement in the Exchequer , and the said extrajudiciall opinions of the said Judges concerning Ship-money , be delivered to the severall Judges of Assize ; And that they be required to publish the same at the Assizes in each severall County within their Circuits , and to take care that the same be entred and inrolled by the severall Clerks of Assizes ; And if any entry be made by any Custos Rotulorum , or Clerke of Assize , of the said Judgement in the Exchequer , or of the said extrajudiciall opinions of the Judges , that severall Vacats be made thereof , per judicium in Parliamento : And that an Act of Parliament be prepared against the said Judgement and extrajudiciall opinions , and against the proceedings touching Ship-money . Memorandum quod vicesimo septimo die Febr. 1640. Annoque regni Regis Dn̄i nostri Caroli Angliae decimo sexto : VAcatur istud Recordum et Iudicium inde habitum per considerationē et judicium Dn̄orum Spiritual . et Temporal . in Curia Parliam . et irrotulamentum ejusdem cancelatur . Memorand . quod vicesimo septimo die Feb. prae● . IStud Irrot. et omnia et singula in eodē contenta et expressa vacantur per judicium Dn̄orum Spiritualium et Temporal . in Curia Parliam . ANd that all the Rolls be rased crosse with a pen , and subscribed with the Clerke of the Parliaments hand . All which was accordingly done in open Court . After this it was resolved upon the Question , Nemine contradicente : THat the resolutions of the Judges touching the Shipping-money , and the Judgment given against Mr Hampden in the Exchequer , and all the proceedings thereupon , are against the Great Charter , and therefore void in Law . Resolved upon the Question , Nemine contradicente : THat Vacats and Cancellations shall be made of the Resolutions of the Judges touching the Shipping-money ; And of the inrolments thereof in the severall Court● , and of the Warrants for Ship-writs , and proceedings therein ; And the Judgement given against Mr Hampden , and proceedings thereupon ; And that entries be made of those Vacats upon the severall Rolls , according to the forme read in the House . Eodem die , ORdered , that these resolutions be added to the former Judgements of this House concerning Shipping-money , which the Judges are to publish at the Assizes in their severall Counties , and to be entred and inrolled in the severall Counties by the Clerk of the Assizes . FINIS . In Iudge CROOKES Argument correct , PAge 3. l. 13. reade valentioribus . l. 15. r. pulvere . p. 19. l. 13. r. injusto . p. 21. l. 17. r. piccage . p. 23. l. 16. r. Commissions . p. 28. l. 7. r. proveth . p. 29. l. 2. r. proveth . p. 30. l. 2. r. Dane-guilt . p. 35. l. 6. r. 394. a. p. 57. l. 3. r. Carlile . ibid. for 35. r. 30. p. 70. l. penult . r. seek for such men , & l. ult. dele , for such men . p. 74. l. 7. dele , and . ) p. 76. l. 14. continue the line . p. 101. in marg. for 2. put 3. p. 106. l. 15. r. so for that cause . In Iudge HUTTONS Argument : Page 14. l. 10 , 11. reade , and can admit no other . p. 16. l. 17. r. to be observed . p. 17. l. 19. r. humbly pray your Majesty . p. 19. l. 10. r. toll Traverse . p. 24. l. 20. r. Gasconie . l. ult. other Statutes . p 35. l. 21. dele ( to Petitions ) p. 36. l. 1. dele for . l. 16. r. the record in Court . p. 37. l. 6. r. The Parliament roll recites . l. ult. r. fourth point . p. 44. l. 20. r. these illegall . p. 46. l. 9. r. per Gent●m . p. 47. l. 2. r. of Argiers . l. 12. r. with all the other particulars . 48. l. 23. r. to lead the uses of those preceding . p. 49. l. 24. r. fol. 68. p. 50. l. 22. r. it is very . p. 55. l. 9. dele , not . p. 57. l. 17. r. Burton . Notes, typically marginal, from the original text Notes for div A45252e-150 28. Aprilis Anno. 14. Car. Regis Annoque Do. 1638. Buck. ss. This Writ is dated 9. Martii An. 12. Car. The Writ of Mittimus beares date the 5. of May● Anno 13. Car. Regis . An. 9. H●n . 3. Magna Charta cap. 29. See the l●st chapter of Magna Charta cap. 38. Statute of 25. Edw. 1. Stamford . fol. 152. 25. E. 1. ca. 5. The Stat. of 25. Edw. 1. cap. 6. 34. Edw. 1. cap. 1. 14. Edw. 3. cap. 1. 25. Edw. 3. cap. 8. Confirmed by an act of Parliament in 4. Hen. 4. 1. Rich. 3. cap. 2. Anno 3. Car. 13. H. 4. fo. 14.15.16 . 37. H. 1. Broke Paten●s Pla. 100. 14. H. 4. fo. 9. 37. H. 6. fo. 27. 8. H. 6. fo. 19. concurring . Fortescue in his booke de Laude legum Angliae fo. 25. cap. 9. He was made Lord chiefe Justice of the Kings bench , Anno 19. Hen. 6. and made Chancellor of England as is said in the Booke . The same author . cap. 36. fo. 84. Object . 1. Resp. 1. Object . 2. Resp. 2. Object . 3. Resp. 3. Object . 4. Ploy . fo. 332. The Case of Mynes . fo. 322. 25. Edw. 3. cap. 1. 11. H. 4. fo. 7.8 . The Statute of 7. H. cap. 3. 21. Iac. cap. 2. 21. Iac. cap. 14. 36. Edw. 3. cap. 10. Bracton fo. 1. The Stat. of Winchester . 13. Edw 1. Libr. 2. Edw. 3. fol 7. Vide ●e Register . fo. 27 ● . The Statute Winch. 2. cap. 28. Dr. and Student . fo. 12. The third part . The first Precedent . Spelman . fo. 200. Resp. 1. 34. Ed. 1. cap. 8. The commission bearing date the 20. of November An. 27. Edw. 1. 2 Hen. 4. Num. 22. The fourth part . 34. H. 6. fo. 14. 17. H. 8. Anno Dom. 1525. The attempt to have a Benevolence for Queene Elizabeth . The fifth part . 25. & 26. Eliz. Cook l. 9. f. 1. in Dowmans Case . Coke li . 4. Vernons case . Coke . l. 5. f. 68. le Signior Chenyes case . Excep . 2. 8. H. 6.19.18 . H. 3.9 . Eliz. The Scire fac . Reason 1. 2. 3. 4. The sixt part . Mich. 4. Iac. Bates his case . The Letter r●quiring answer was dated 2. F●b . The answer 7. F●b . Obj. upon the Def. generall Demurrer . Resp. Lib. 4. fo. 43. in Hudsons Case . Et fol. 71. Hindes Case . Notes for div A45252e-5760 The motives of the Writ , which are five . The charges in this Writ are three . The commands of this Writ , which are five . The end , for which this ship is to be prepared . The clause of the ass●ssement for the expences . The purclose of the Writ . Object . Sol. Object . Sol. 25. Edw. 1. Ibid. cap. 6. Object . S●l . Bod. fol. 97. Edw. 1. 14. Ed. 3. ca. 1. Ob. Sol. 21. Edw. 3. p. 2. m. 11. 22. Ed. 3. m. 16. ●5 . Ed. 3. m. 8. Ob. Sol. 13. H. 4. nu . 10. 13. H. 4. nu . 33. Object . Sol. 1. Cok. lib 9. fo. 1 4. Ed. 3. ca. 14. 36. Ed. 3. c. 10. 4. Edw. 3. Id est , Walmesley , & come Hutton , Gla●vill a●xi . Ob. Sol. Bract. lib. 3. fol. 1●● . Plowd . com . fo. 246 , 247. Plowd . com . fol. 487. 21. Ed. 3. fo. 47. Cok. l. 11. f. 86. Doct. & Stud. fol. 8. 31. H. 8. c. 8. 1. E. 6. Bract. l. 2. c. 24. fol. 55. Cok. l. 7. fol. 11 Cok. l. 7. fol. 5. 23. Ed. 1. m. 4. 10. Ed. 3. m. 16. 10. Ed. 3. m. 22. 12. Ed. 3. m. 10. 12. Ed. 3. m. 13. 26. Ed. 3. m. 5. 5. H. 4. m. 28. 4. Hen. 8. p. 2. Ob. Sol. 6. Joh. m. 11. 9. Joh. m. 3. 14. Joh. m. 2. 17. Joh. m. 7. 15. Joh. m. 4. 15. Joh. m. 6. 14. H. 3. m. 14. 14. H. 3. m. 5. 48. H. 3. m. 4. 48. H. 3. m. 2. 48. H. 3. m. 3. 48. H. 3. m. 7. 23. Ed. 1. m. 5. Ibid. 24. Ed. 1. m. 17. 24. Edw. 1. Rot. 62. 24. Ed. 1. m. 16. 24. Edw. 1. ●ot . 78. Ibid. 24. Edw. 1. Rot. 81. 24. Edw. 1. int. Com. ☞ Nota. 24. Ed. 1. m. 9. 24. Ed. 1. m. 26. 25. E. 1. m. 12. Ibid. 13. Ibid. 14. 21. Ed. 1. m. 20. 23. Edw. 1. Rot. 77. Pat. 9. Ed. 2. par● 2. Claus. 20. E. 2. m. 8. 20. Ed. 2. m. 10 20. Ed. 2. m. 7. 15. Ed. 2. m. 15 15. Ed. 2. m. 15. 16. Ed. 2. m. 13. 19. Ed. 2. m. 6. 2. Ed. 3. m. 92. Scot. 7. Ed. 3. m. 19. 10. Ed. 3. m. 25. Ibid. Scot. 10. E. 3. m. 2. Scot. 10. Ed. 3. m. 2. Scot. 10. Ed. 3. m. 16. Scot. 10. Ed. 3. m. 16. 10. Edw. 3. m. 12. Scot. 10. E. 3. m. 22. Ibid. Scot. 10. Ed. 3. m. 21. Alm. 12. Ed. 3. m. 12. Alm. 12. Ed. 3. m. 13. Claus. 12. Ed. 3 m. 16. 12. Ed. 3. m. 8. Alm. 12. Ed. 3. m. 10. Alm. 13. Ed. 3. m. 12. Claus. 13. Ed. 3 m. 35. Claus. 13. Ed. 3 m. 38. Claus. 13. Ed. 3 m. 14. Claus. 13. Ed. 3 m. 14. Scot. 20. Ed. 3. m. 14. Ibid. 20. Ed. 3. m. 15. Rot. Franc. 21. E. 3. m. 31. Franc. 25. E. 3. m. 20. ☞ Nota. Franc. 26. E. 3. m. 5. Franc. 46. E. 3. m. 34. Franc. 50. E. 3. m. 47. Scot. 29. Ed. 3. m. 13. Franc. 40. E. 3. m. 31. 1. R. 2. m. 7. Eod. Rot. m. 12 Eod. Rot. m. 42 Scot. 7. R. 2. m. 8. Franc. 11. R. 2. m. 13. Scot. 21. R. 2. m. 3. Rot. Vierg . 1. H. 4. m. 11. Claus. 1. H. 4. m. 12. Note , that although this great danger be mentioned , yet no command to any county to prepare ships . Pat. 5. H. 4. pars 2. m. 28. Pat. 3. H. 5. pars 2. m. 37. Pat. 13. H. 6. m. 10. Pat. 39. H. 6. m Pat. 39. H. 6. m. 12. Pat. 39. H. 6. m. 1. Pat. 10. Ed. 4. m. 12. Pat. 10. Ed. 4. m. 13. Pat. 49. H. 6. m. 22. Pat. 1 H. 7. pars 1. 1. H. 7. pars 3. 4. H. 8. pars 2. 11. Elis. 30. Edw. 1. Trin. 31. E. 1. 19. Ed. 2. Hil. 2. Ed. 3. Rot. 16. 19. H. 7. cap. 1. 11. H. 7. cap. 1. 2. & 3. E. 6. c. 2. Object . Sol. Notes for div A45252e-15690 Memorād . quod xxvii . dic ●eb . 1640. anno regni Dom. Regis Car. 16. istud irrotul . & omnia & sing . in eodē contenta & express . vacant . per judic. Domi● . spū●liū & temporal . in Cur. Parliamenti . Per Ioh. Brown Cleric . Parliam .